Datasets:

dreamproit

/

bill_summary_us

like 11

[ { "text": "1. Specialist Eric Ramirez Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 411 Midway Avenue in Mascotte, Florida, shall be known and designated as the Specialist Eric Ramirez 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 Specialist Eric Ramirez Post Office.", "id": "H869B7B5121194E1BBA8698F7C5E8696F", "header": "Specialist Eric Ramirez Post Office" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Indian Country Educational Empowerment Zone Act.", "id": "H9107F57D625F48D9A71CEC3507050007", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) A unique legal and political relationship exists between the United States and Indian tribes that is reflected in article I, section 8, clause 3 of the Constitution, various treaties, Federal statutes, Supreme Court decisions, executive agreements, and course of dealing. (2) Native Americans continue to rank at the bottom of nearly every indicator of social and economic well-being in America: (A) Unemployment rates average near 50 percent in Indian country and hover well over 90 percent on many reservations. (B) While the national poverty rate is only 11 percent, over 26 percent of all Native Americans live in poverty. (C) In addition, Native Americans have some of the lowest levels of educational attainment in the United States. (3) Numerous external efforts at economic development in Indian Country have proven unsuccessful. The most successful efforts have been initiated from within the Native communities themselves. Efforts that empower the communities and give them the tools to make their own decisions should be encouraged and pursued. (4) Educational achievement continues to be a cyclical obstacle to economic development in Indian Country. Businesses are often unwilling to locate to Indian Country because of the lack of an educated workforce. Over a quarter of all Americans have a bachelors degree or higher. However, only 12 percent of all Native Americans nationwide have such a degree, and only 6 percent of those who actually live in Indian Country have a bachelors or higher. Once Natives are finally able to obtain higher education, many are not able to return to their communities because there are no jobs. There needs to be an intervening factor to help break this damaging cycle.", "id": "H7F7E1E26328C4C38A262E69008F7F835", "header": "Findings" }, { "text": "3. Loan forgiveness for employment in Indian country \nPart B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K ( 20 U.S.C. 1078–11 ) the following: 428L. Loan forgiveness for employment in Indian country \n(a) Purpose \nIt is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce. (b) Program authorized \n(1) In general \nFrom the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority \n(A) Award basis \nSubject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities \nThe Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach \nThe Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section. (c) Qualified loan amounts \n(1) Percentages \nSubject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum \nThe Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans \nA loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary. (d) Additional requirements \n(1) No refunding of previous payments \nNothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest \nIf a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited \n(A) Ineligibility of national service award recipients \nNo student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness \nNo student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders \nThe Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (e) Application for repayment \n(1) In general \nEach eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions \nAn eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged. (f) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. (h) Definition of indian tribe \nIn this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians..", "id": "HCD45671891B34F189BE284E34F4FE565", "header": "Loan forgiveness for employment in Indian country" }, { "text": "428L. Loan forgiveness for employment in Indian country \n(a) Purpose \nIt is the purpose of this section— (1) to dramatically increase in the number of individuals with higher education degrees working within and for Indian country; (2) to facilitate economic growth and development in Indian country, and promote Tribal sovereignty; (3) to encourage members of Indian tribes with higher education degrees to return to Indian country; (4) to encourage the long-term retention of educated individuals in Indian country; and (5) to encourage public service in Indian country, and to encourage investment in Indian country through an increase in the education level of the available workforce. (b) Program authorized \n(1) In general \nFrom the funds appropriated under subsection (g) , the Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c) , a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C, or comparable loans made under part D) for any borrower, who— (A) obtains or has obtained a bachelor’s or graduate degree from an institution of higher education; and (B) obtains employment in Indian country. (2) Award basis; priority \n(A) Award basis \nSubject to subparagraph (B) , loan repayment under this section shall be on a first-come, first-served basis, and subject to the availability of appropriations. (B) Priorities \nThe Secretary shall, by regulation, establish a system for giving priority in providing loan repayment under this section to individual based on the following factors: (i) The level of poverty in the locality within Indian country where the individual is employed. (ii) Whether the individual is an enrolled member of an Indian tribe. (iii) Whether such enrolled member is performing employment in the Indian country of the Indian tribe in which they are enrolled. (iv) The ratio of the individual’s student loan debt to the individual’s annual income. (v) Whether the individual’s employer will provide an additional amount or a matching percentage for student loan repayment for the individual. (3) Outreach \nThe Secretary shall post a notice on a Department Internet web site regarding the availability of loan repayment under this section, and shall notify institutions of higher education (including Tribal Colleges and Universities) and the Bureau of Indian Affairs regarding the availability of loan repayment under this section. (c) Qualified loan amounts \n(1) Percentages \nSubject to paragraph (2) , the Secretary shall assume or cancel the obligation to repay under this section— (A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Indian Country Educational Empowerment Zone Act to a student under part B or D, for each of the first and second years of employment in Indian country; (B) 20 percent of such total amount, for each of the third and fourth years of such employment; and (C) 30 percent of such total amount, for the fifth year of such employment. (2) Maximum \nThe Secretary shall not repay or cancel under this section more than— (A) for any student with a bachelor’s degree, but without a graduate degree, $20,000 in the aggregate of loans made, insured, or guaranteed under parts B and D; and (B) for any student with a graduate degree, $20,000 of such loans for each year of employment. (3) Treatment of consolidation loans \nA loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (b)(1) , as determined in accordance with regulations prescribed by the Secretary. (d) Additional requirements \n(1) No refunding of previous payments \nNothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. (2) Interest \nIf a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (3) Double benefits prohibited \n(A) Ineligibility of national service award recipients \nNo student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (B) Double forgiveness \nNo student borrower may, for the same service, receive a benefit under both this section and section 428J, 428K, or 460 of this Act or section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ). (4) Repayment to eligible lenders \nThe Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (e) Application for repayment \n(1) In general \nEach eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain verification from the employer of the employment in Indian country. (2) Conditions \nAn eligible individual may apply for loan repayment under this section after completing each year of employment in Indian country. The borrower shall receive forbearance while engaged in such employment unless the borrower is in deferment while so engaged. (f) Regulations \nThe Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. (h) Definition of indian tribe \nIn this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.", "id": "HECE61DA10F674D61B104FBDCD1F7F01C", "header": "Loan forgiveness for employment in Indian country" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Controlled Substances Export Reform Act of 2004.", "id": "H8582FAA4605B47C9BD50B3EFD9005B10", "header": "Short title" }, { "text": "2. Reexportation of controlled substances \nSection 1003 of the Controlled Substances Import and Export Act ( 21 U.S.C. 953 ) is amended by adding at the end the following subsection: (f) Notwithstanding subsections (a)(4) and (c)(3), the Attorney General may authorize any narcotic drug in schedule I, II, III, or IV or any nonnarcotic controlled substance in schedule I or II (which drug or substance is referred to in this subsection as a covered drug ) to be exported from the United States to a country for subsequent export from that country to another country, if each of the following conditions is met: (1) Both the country to which the covered drug is exported from the United States (referred to in this subsection as the first country ) and the country to which the drug is exported from the first country (referred to in this section as the second country ) are parties to the Conventions referred to in subsections (a)(1)(C) and (e)(3). (2) The first country and the second country have each instituted and maintain, in conformity to such Conventions, a system of controls of imports of controlled substances which the Attorney General deems adequate. (3) With respect to the first country, the covered drug is consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the drug has been issued by the country. (4) With respect to the second country, substantial evidence is furnished to the Attorney General by the person who will export the covered drug from the United States that— (A) the drug is to be consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the drug is to be issued by the country; (B) there is an actual need for the drug for medical, scientific, or other legitimate uses within the country; and (C) the drug will not be exported from the country. (5) Within 30 days after the covered drug is exported from the first country to the second country, the person who exported the drug from the United States delivers to the Attorney General documentation certifying that such export from the first country has occurred. (6) A permit to export the covered drug from the United States has been issued by the Attorney General..", "id": "H43E9D16A061644729489F618AF188F14", "header": "Reexportation of controlled substances" } ]

[ { "text": "1. Prompt consideration of certain petitions requesting Federal recognition as an Indian tribe \n(a) Time period for proposed finding \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall publish a proposed finding with respect to the petition for Federal recognition of each eligible tribe consistent with part 83 of title 25, Code of Federal Regulations. (b) Time period for final determination \nNot later than one year after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall publish a final determination with respect to the petition for Federal recognition of each eligible tribe. (c) Notification; opt out \nNot later than 30 days after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall notify, in writing, all eligible tribes of their inclusion in the expedited procedure for proposed findings and final determinations under this Act. If, not later than 60 days after the date of the enactment of this Act, a petitioner notifies the Secretary of the Interior, or a designee of the Secretary, in writing, that the tribe elects to opt out of the expedited procedure, the tribe shall not be considered an eligible tribe for the purposes of this Act. (d) Number of members not a factor \nThe number of persons listed on the membership roll contained in a petition for Federal recognition of an eligible tribe shall not be taken into account in considering the petition, except that the Secretary of the Interior, or a designee of the Secretary, may review the eligibility of individual members or groups listed in a petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (e) Effect of failure to comply \nIf the Secretary of the Interior, or a designee of the Secretary, fails to publish a proposed finding required by subsection (a) or a final determination required by subsection (b) by the end of the time period required for the proposed finding or final determination by such subsections, the relevant eligible tribe may— (1) treat such failure as final agency action refusing to recognize the tribe as an Indian tribe; and (2) seek in United States district court a determination of whether the petitioner should be recognized as an Indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. (f) Review of adverse decision \nIf the final determination required by subsection (b) refuses to recognize the tribe as an Indian tribe, the tribe may seek, during the one-year period beginning on the date on which the final determination is published, a review of the determination in a United States district court notwithstanding the availability of other administrative remedies. (g) Consideration of other petitions \nUntil the Secretary of the Interior, or a designee of the Secretary, has published a proposed finding with respect to the petition of each eligible tribe as required under subsection (a), no other petition for recognition as an Indian tribe may be processed except those listed as having a status of Active or In Post-Final Decision Appeal Process by the Department of the Interior on July 1, 2004. (h) No change in criteria \nNothing in this Act shall be construed to change the criteria established by the Department of the Interior to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. (i) Eligible tribe \nFor the purposes of this section, the term eligible tribe means a tribe that— (1) has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; and (2) is listed as having a status of Ready, Waiting for Active Consideration by the Department of the Interior on July 1, 2004.", "id": "H2718BAAA615C4C9F92431D524115A56", "header": "Prompt consideration of certain petitions requesting Federal recognition as an Indian tribe" } ]

[ { "text": "1. Reimbursement of members of the armed forces who purchased protective body armor during shortage of defense stocks of body armor \nAny reimbursement provided by the Secretary of Defense to a member of the Armed Forces for the cost of protective body armor purchased by the member, or by another person on behalf of the member, for use by the member while deployed in connection with Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom shall include reimbursement for any costs incurred by the member, or by another person on behalf of the member, to deliver the body armor to the member.", "id": "H7D63422989FD4AD4AEB6008627326E28", "header": "Reimbursement of members of the armed forces who purchased protective body armor during shortage of defense stocks of body armor" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Safe Importation of Medical Products and Other Rx Therapies Act of 2004 or the Safe IMPORT Act of 2004. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Importation Sec. 3. Protection against adulterated prescription drugs Sec. 4. Internet pharmacies Sec. 5. Administrative detention and temporary hold Sec. 6. Suspension Sec. 7. Debarment for repeated or serious prescription drug importation violations Sec. 8. Registration of prescription drug importation facilities Sec. 9. Maintenance and inspection of records for prescription drugs Sec. 10. Advance notice of imported prescription drug shipments Sec. 11. Authority to mark prescription drugs refused admission into the United States Sec. 12. Prohibition of port shopping Sec. 13. Authority to commission other Federal and State officials to conduct inspections Sec. 14. User fees relating to prescription drug importation Sec. 15. Anticounterfeiting provisions Sec. 16. Conforming amendments", "id": "H75FAA47102EE4C92802155087B675466", "header": "Short title; table of contents" }, { "text": "2. Importation \n(a) In general \nChapter VIII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 et seq. ) is amended— (1) by inserting after the chapter heading the following: A General provisions \n; and (2) by adding at the end the following: B Importation of prescription drugs \n811. Definitions \nIn this subchapter: (1) Drug importation facility \nThe term drug importation facility means a person, other than an individual importing a prescription drug under section 812, located outside the United States (other than a transporter) that engages in the distribution or dispensing of a prescription drug that is imported or offered for importation into the United States. (2) Internet pharmacy \nThe term Internet pharmacy means a person, other than an individual importing a prescription drug under section 812, that offers to dispense in the United States a prescription drug through an Internet website in interstate commerce, regardless of whether the physical location of the principal place of business of the Internet pharmacy is in the United States or in another country. (3) Pharmacy \nThe term pharmacy means a person, other than an individual importing a prescription drug under section 812, licensed by a State to dispense prescription drugs or to provide pharmaceutical care. (4) Permitted country \n(A) In general \nThe term permitted country means a country that— (i) was a member of the European Union as of December 31, 2003; and (ii) is designated by the Secretary as a permitted country under subparagraph (B). (B) Report \nThree years after the date of enactment of this subchapter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on Energy and Commerce of the House of Representatives a report that includes— (i) a list of countries under subparagraph (A)(i) designated by the Secretary from which a prescription drug shall be permitted to be imported into the United States under this subchapter, and the basis for the Secretary’s determination that the importation of a prescription drug from such countries would not present an increased risk to the public health; (ii) a list of countries under subparagraph (A)(i) from which a prescription drug shall not be permitted to be imported into the United States under this subchapter, and the basis for Secretary’s determination that the importation of a prescription drug from such countries would present an increased risk to the public health; (iii) for countries identified in clause (i), any additional measures that could be taken to ensure that there will be no increased risk to the public health; and (iv) for countries identified in clause (ii), any additional measures that could be taken to avoid, reduce, or mitigate such increased risk to the public health. (C) Determination \nThe Secretary may determine whether to designate a permitted country at any time after submission of the report under subparagraph (B). (5) Prescription drug \n(A) In general \nThe term prescription drug means a drug described in section 503(b) that is approved by the Secretary under section 505. (B) Exclusions \nThe term prescription drug does not include— (i) a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); (ii) a biological product (as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 )); (iii) an infused drug (including a peritoneal dialysis solution); (iv) an intravenously injected drug; (v) a drug that is inhaled during surgery; (vi) a parenteral drug; (vii) a drug manufactured through 1 or more biotechnology processes, including— (I) a therapeutic DNA plasmid product; (II) a therapeutic synthetic peptide product of not more than 40 amino acids; (III) a monoclonal antibody product for in vivo use; and (IV) a therapeutic recombinant DNA-derived product; (viii) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (ix) a photoreactive drug. (6) Treating provider \nThe term treating provider means a licensed health care provider that— (A) (i) performs a documented patient evaluation (including a patient history and physical examination) of an individual to establish the diagnosis for which a prescription drug is prescribed; (ii) discusses with the individual the treatment options of the individual and the risks and benefits of treatment; and (iii) maintains contemporaneous medical records concerning the individual; or (B) provides care to an individual as part of an on-call or cross-coverage arrangement with a health care provider described in subparagraph (A). (7) Wholesaler \n(A) In general \nThe term wholesaler means a person licensed as a wholesaler or distributor of prescription drugs in the United States as described in section 503(e)(2). (B) Exclusion \nThe term wholesaler does not include— (i) a person authorized to import drugs under section 801(d)(1); or (ii) an individual importing a prescription drug under section 812. 812. Personal importation \n(a) In general \nAn individual may import a prescription drug from Canada or a permitted country into the United States for personal use (not for resale), subject to subsections (b) and (c). (b) Importation \nAn individual may import a prescription drug if— (1) the prescription drug is purchased from a licensed pharmacy in Canada or a licensed pharmacy in a permitted country and dispensed in compliance with the applicable laws of Canada or the permitted country regarding the practice of pharmacy; (2) the prescription drug is imported for personal use (not for resale) by the individual; (3) the prescription drug is imported from Canada or a permitted country into the United States; (4) the prescription drug is imported by the individual on the person of the individual; (5) the quantity of the prescription drug imported does not exceed a 90-day supply during any 90-day period; and (6) the prescription drug is accompanied by— (A) a copy of a prescription valid in a State and cosigned by a prescribing physician in Canada or the permitted country; or (B) if the prescription drug is available in Canada or the permitted country without a prescription, a copy of the valid prescription signed by a pharmacist licensed in Canada or the permitted country. (c) Compassionate use \nThe Secretary may permit an individual to import an up to a 90-day supply of a drug that is not approved by the Secretary under section 505 if the importation is for continuation of personal use by the individual for treatment, begun in a foreign country, of a serious medical condition. 813. Pharmacy and wholesaler importation of prescription drugs \n(a) In general \n(1) Importation \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler may import a prescription drug from Canada or a permitted country into the United States for dispensing in the United States in accordance with this subchapter. (2) Limitation to certain ports \nThe Secretary may limit the ports of entry in the United States through which a prescription drug may be imported under this section to a reasonable number of ports designated by the Secretary. (b) Requirements \nEach prescription drug imported under this subchapter shall— (1) be approved under section 505; (2) comply with sections 501 and 502; (3) be in a container that bears a label stating, in prominent and conspicuous type— (A) the lot number of the prescription drug; (B) the name, address and phone number of the drug importation facility; (C) the following: This drug has been imported from _____. , with the name of the permitted country from which the prescription drug is imported in the blank space; and (D) a unique identifier code provided by the Secretary that modifies the national drug code of the prescription drug to indicate that the drug has been imported; and (4) comply with any other applicable requirement of this Act. (c) Approved labeling \n(1) In general \nA drug importation facility that offers for importation a prescription drug under this subchapter shall submit to the Secretary an application for approval that demonstrates that the labeling of the prescription drug to be imported into the United States complies with the requirements of sections 502 and 503. (2) Procedure \nNot later than 60 days after receipt of a completed application under paragraph (1), the Secretary shall— (A) approve or deny the application consistent with the requirements of sections 502 and 503; and (B) notify the applicant of the decision of the Secretary and, if the application is denied, the reason for the denial. (3) Lists \n(A) Applications \nThe Secretary shall maintain an updated list of applications pending, applications approved, and applications denied under this subsection. (B) Ports \nThe Secretary shall maintain an updated list of ports through which a prescription drug may be imported under this section and make the list available to the public on an Internet website. (d) Prohibition of importation of a prescription drug that enters other countries \n(1) In general \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler shall not import a prescription drug if, during any period in which the prescription drug was not in the control of the manufacturer, the prescription drug entered a country other than— (A) Canada; or (B) subject to paragraph (2), a country that was a member of the European Union as of December 31, 2003. (2) Limitation \nThe Secretary may exclude 1 or more of the countries under subparagraph (B) of paragraph (1) from the application of that subparagraph if the Secretary determines that allowing a prescription drug to be imported into the United States after having entered that country outside control of a manufacturer would present a risk to the public health. (e) Prohibition of commingling \n(1) In general \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler shall not commingle a prescription drug imported into the United States under this subchapter with a prescription drug that is not imported from Canada or a permitted country. (2) Label \nA pharmacy or Internet pharmacy that dispenses a prescription drug imported from Canada or a permitted country shall affix on each dispensed container of the prescription drug the label required under subsection (b)(3) unless such a label is already affixed to the container. (f) Drug recalls \nOn receipt of notification from the manufacturer of a prescription drug imported from Canada or a permitted country under this section that the prescription drug has been recalled or withdrawn from the market in Canada or a permitted country, a drug importation facility shall promptly provide the Secretary and any person to whom the prescription drug was distributed a notice that the drug has been recalled or withdrawn from the market and that includes— (1) information (including the lot number) that identifies the prescription drug; and (2) a statement of the reason for the recall or withdrawal. (g) Charitable contributions \nNotwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge or a nominal charge by the manufacturer of the prescription drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country. (h) Jurisdiction \nThe district courts of the United States shall have jurisdiction in an action brought by the United States against a person importing or offering for importation a prescription drug in violation of the requirements of this section. (i) Effect of Section \nNothing in this section limits the authority of the Secretary relating to the importation of prescription drugs (including the interdiction of prescription drugs that are unapproved, adulterated, or misbranded), other than with respect to section 801(d)(1) as provided in subsection (g).. (b) Regulations \n(1) Personal importation \n(A) In general \nThe Secretary of Health and Human Services may promulgate regulations to carry out section 812 of the Federal Food, Drug, and Cosmetic Act (as added by this section). (B) Effective date \nSection 812 of the Federal Food, Drug, and Cosmetic Act shall take effect on the date of enactment of this Act, without regard to whether the Secretary of Health and Human Services has promulgated regulations under paragraph (1). (2) Pharmacy and wholesaler importation of prescription drugs \n(A) In general \nThe Secretary of Health and Human Services shall promulgate interim final regulations to carry out section 813 of the Federal Food, Drug, and Cosmetic Act (as added by this section). (B) Effective date \nSection 813 of the Federal Food, Drug, and Cosmetic Act shall take effect on the date that is 1 year after the date of enactment of this Act, without regard to whether the Secretary of Health and Human Services has promulgated regulations under paragraph (1). (c) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (hh) Dispensing or offering to dispense a prescription drug imported into the United States in violation of the requirements of section 813..", "id": "HDDCACCED013A499CBF1F9979B0160268", "header": "Importation" }, { "text": "811. Definitions \nIn this subchapter: (1) Drug importation facility \nThe term drug importation facility means a person, other than an individual importing a prescription drug under section 812, located outside the United States (other than a transporter) that engages in the distribution or dispensing of a prescription drug that is imported or offered for importation into the United States. (2) Internet pharmacy \nThe term Internet pharmacy means a person, other than an individual importing a prescription drug under section 812, that offers to dispense in the United States a prescription drug through an Internet website in interstate commerce, regardless of whether the physical location of the principal place of business of the Internet pharmacy is in the United States or in another country. (3) Pharmacy \nThe term pharmacy means a person, other than an individual importing a prescription drug under section 812, licensed by a State to dispense prescription drugs or to provide pharmaceutical care. (4) Permitted country \n(A) In general \nThe term permitted country means a country that— (i) was a member of the European Union as of December 31, 2003; and (ii) is designated by the Secretary as a permitted country under subparagraph (B). (B) Report \nThree years after the date of enactment of this subchapter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on Energy and Commerce of the House of Representatives a report that includes— (i) a list of countries under subparagraph (A)(i) designated by the Secretary from which a prescription drug shall be permitted to be imported into the United States under this subchapter, and the basis for the Secretary’s determination that the importation of a prescription drug from such countries would not present an increased risk to the public health; (ii) a list of countries under subparagraph (A)(i) from which a prescription drug shall not be permitted to be imported into the United States under this subchapter, and the basis for Secretary’s determination that the importation of a prescription drug from such countries would present an increased risk to the public health; (iii) for countries identified in clause (i), any additional measures that could be taken to ensure that there will be no increased risk to the public health; and (iv) for countries identified in clause (ii), any additional measures that could be taken to avoid, reduce, or mitigate such increased risk to the public health. (C) Determination \nThe Secretary may determine whether to designate a permitted country at any time after submission of the report under subparagraph (B). (5) Prescription drug \n(A) In general \nThe term prescription drug means a drug described in section 503(b) that is approved by the Secretary under section 505. (B) Exclusions \nThe term prescription drug does not include— (i) a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); (ii) a biological product (as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 )); (iii) an infused drug (including a peritoneal dialysis solution); (iv) an intravenously injected drug; (v) a drug that is inhaled during surgery; (vi) a parenteral drug; (vii) a drug manufactured through 1 or more biotechnology processes, including— (I) a therapeutic DNA plasmid product; (II) a therapeutic synthetic peptide product of not more than 40 amino acids; (III) a monoclonal antibody product for in vivo use; and (IV) a therapeutic recombinant DNA-derived product; (viii) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (ix) a photoreactive drug. (6) Treating provider \nThe term treating provider means a licensed health care provider that— (A) (i) performs a documented patient evaluation (including a patient history and physical examination) of an individual to establish the diagnosis for which a prescription drug is prescribed; (ii) discusses with the individual the treatment options of the individual and the risks and benefits of treatment; and (iii) maintains contemporaneous medical records concerning the individual; or (B) provides care to an individual as part of an on-call or cross-coverage arrangement with a health care provider described in subparagraph (A). (7) Wholesaler \n(A) In general \nThe term wholesaler means a person licensed as a wholesaler or distributor of prescription drugs in the United States as described in section 503(e)(2). (B) Exclusion \nThe term wholesaler does not include— (i) a person authorized to import drugs under section 801(d)(1); or (ii) an individual importing a prescription drug under section 812.", "id": "H740063F5526F4589975C2265C0CF2258", "header": "Definitions" }, { "text": "812. Personal importation \n(a) In general \nAn individual may import a prescription drug from Canada or a permitted country into the United States for personal use (not for resale), subject to subsections (b) and (c). (b) Importation \nAn individual may import a prescription drug if— (1) the prescription drug is purchased from a licensed pharmacy in Canada or a licensed pharmacy in a permitted country and dispensed in compliance with the applicable laws of Canada or the permitted country regarding the practice of pharmacy; (2) the prescription drug is imported for personal use (not for resale) by the individual; (3) the prescription drug is imported from Canada or a permitted country into the United States; (4) the prescription drug is imported by the individual on the person of the individual; (5) the quantity of the prescription drug imported does not exceed a 90-day supply during any 90-day period; and (6) the prescription drug is accompanied by— (A) a copy of a prescription valid in a State and cosigned by a prescribing physician in Canada or the permitted country; or (B) if the prescription drug is available in Canada or the permitted country without a prescription, a copy of the valid prescription signed by a pharmacist licensed in Canada or the permitted country. (c) Compassionate use \nThe Secretary may permit an individual to import an up to a 90-day supply of a drug that is not approved by the Secretary under section 505 if the importation is for continuation of personal use by the individual for treatment, begun in a foreign country, of a serious medical condition.", "id": "H4CDC92873C444D9B866B7B3C7CA18801", "header": "Personal importation" }, { "text": "813. Pharmacy and wholesaler importation of prescription drugs \n(a) In general \n(1) Importation \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler may import a prescription drug from Canada or a permitted country into the United States for dispensing in the United States in accordance with this subchapter. (2) Limitation to certain ports \nThe Secretary may limit the ports of entry in the United States through which a prescription drug may be imported under this section to a reasonable number of ports designated by the Secretary. (b) Requirements \nEach prescription drug imported under this subchapter shall— (1) be approved under section 505; (2) comply with sections 501 and 502; (3) be in a container that bears a label stating, in prominent and conspicuous type— (A) the lot number of the prescription drug; (B) the name, address and phone number of the drug importation facility; (C) the following: This drug has been imported from _____. , with the name of the permitted country from which the prescription drug is imported in the blank space; and (D) a unique identifier code provided by the Secretary that modifies the national drug code of the prescription drug to indicate that the drug has been imported; and (4) comply with any other applicable requirement of this Act. (c) Approved labeling \n(1) In general \nA drug importation facility that offers for importation a prescription drug under this subchapter shall submit to the Secretary an application for approval that demonstrates that the labeling of the prescription drug to be imported into the United States complies with the requirements of sections 502 and 503. (2) Procedure \nNot later than 60 days after receipt of a completed application under paragraph (1), the Secretary shall— (A) approve or deny the application consistent with the requirements of sections 502 and 503; and (B) notify the applicant of the decision of the Secretary and, if the application is denied, the reason for the denial. (3) Lists \n(A) Applications \nThe Secretary shall maintain an updated list of applications pending, applications approved, and applications denied under this subsection. (B) Ports \nThe Secretary shall maintain an updated list of ports through which a prescription drug may be imported under this section and make the list available to the public on an Internet website. (d) Prohibition of importation of a prescription drug that enters other countries \n(1) In general \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler shall not import a prescription drug if, during any period in which the prescription drug was not in the control of the manufacturer, the prescription drug entered a country other than— (A) Canada; or (B) subject to paragraph (2), a country that was a member of the European Union as of December 31, 2003. (2) Limitation \nThe Secretary may exclude 1 or more of the countries under subparagraph (B) of paragraph (1) from the application of that subparagraph if the Secretary determines that allowing a prescription drug to be imported into the United States after having entered that country outside control of a manufacturer would present a risk to the public health. (e) Prohibition of commingling \n(1) In general \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler shall not commingle a prescription drug imported into the United States under this subchapter with a prescription drug that is not imported from Canada or a permitted country. (2) Label \nA pharmacy or Internet pharmacy that dispenses a prescription drug imported from Canada or a permitted country shall affix on each dispensed container of the prescription drug the label required under subsection (b)(3) unless such a label is already affixed to the container. (f) Drug recalls \nOn receipt of notification from the manufacturer of a prescription drug imported from Canada or a permitted country under this section that the prescription drug has been recalled or withdrawn from the market in Canada or a permitted country, a drug importation facility shall promptly provide the Secretary and any person to whom the prescription drug was distributed a notice that the drug has been recalled or withdrawn from the market and that includes— (1) information (including the lot number) that identifies the prescription drug; and (2) a statement of the reason for the recall or withdrawal. (g) Charitable contributions \nNotwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge or a nominal charge by the manufacturer of the prescription drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country. (h) Jurisdiction \nThe district courts of the United States shall have jurisdiction in an action brought by the United States against a person importing or offering for importation a prescription drug in violation of the requirements of this section. (i) Effect of Section \nNothing in this section limits the authority of the Secretary relating to the importation of prescription drugs (including the interdiction of prescription drugs that are unapproved, adulterated, or misbranded), other than with respect to section 801(d)(1) as provided in subsection (g).", "id": "H979C492F41AE4AB89B05BAC2BBA44DF9", "header": "Pharmacy and wholesaler importation of prescription drugs" }, { "text": "3. Protection against adulterated prescription drugs \nSection 801(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(h) ) is amended— (1) in paragraph (2)— (A) by inserting and prescription drugs after related to foods ; (B) by inserting and of prescription drugs after adulteration of food, ; and (C) by inserting and prescription drugs after importation of food ; and (2) in paragraph (3), by inserting and for ensuring the safety of imported prescription drugs after food safety.", "id": "HE0D3B875F75549968C7499F8C292F00", "header": "Protection against adulterated prescription drugs" }, { "text": "4. Internet pharmacies \n(a) Internet pharmacies \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 510 the following: 511. Internet pharmacies \n(a) Definitions \nIn this section: (1) Advertising service provider \nThe term advertising service provider means an advertising company that contracts with a provider of an interactive computer service (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) to provide advertising on the Internet. (2) Designated payment system \n(A) In general \nThe term designated payment system means a system used by a person to effect a credit transaction, electronic transfer, or money transmitting service described in subparagraph (B) that the Federal functional regulators determine, by regulation or order, could be used in connection with, or to facilitate, a restricted transaction. (B) Persons described \nA person referred to in subparagraph (A) is— (i) a creditor; (ii) a credit card issuer; (iii) a financial institution; (iv) an operator of a terminal at which an electronic fund transfer may be initiated; (v) a money transmitting business; or (vi) (I) an international, national, regional, or local network used to effect a credit transaction, electronic fund transfer, or money transmitting service; or (II) any participant in a network described in subclause (I). (3) Federal functional regulator \nThe term Federal functional regulator has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ). (4) Prescription drug \nThe term prescription drug means a drug described in section 503(b) that is approved by the Secretary under section 505. (5) Internet pharmacy \nThe term Internet pharmacy means a person that dispenses or offers to dispense a prescription drug through an Internet website in interstate commerce in the United States regardless of whether the physical location of the principal place of business of the Internet pharmacy is in the United States or in another country. (6) Restricted transaction \nThe term restricted transaction means a transaction or transmittal, on behalf of a individual who places an unlawful Internet pharmacy request to any person engaged in the operation of an unlicensed Internet pharmacy, of— (A) credit, or the proceeds of credit, extended to or on behalf of the individual who placed the unlawful Internet request (including credit extended through the use of a credit card); (B) an electronic fund transfer or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of the individual who placed the unlawful Internet request; (C) a check, draft, or similar instrument which is drawn by or on behalf of the individual who placed the unlawful Internet request and is drawn on or payable at or through any financial institution; or (D) the proceeds of any other form of financial transaction (identified by the Federal functional regulators by regulation) that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the individual who placed the unlawful Internet request. (7) Unlawful Internet pharmacy request \nThe term unlawful Internet pharmacy request means the request, or transmittal of a request, made to an unlicensed Internet pharmacy for a prescription drug by mail (including a private carrier), facsimile, phone, or electronic mail, or by a means that involves the use, in whole or in part, of the Internet. (8) Other definitions \n(A) Credit; creditor; credit card \nThe terms credit , creditor , and credit card have the meanings given the terms in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ). (B) Electronic fund transfer \nThe term electronic fund transfer — (i) has the meaning given the term in section 903 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693a ); and (ii) includes any fund transfer covered under Article 4A of the Uniform Commercial Code, as in effect in any State. (C) Financial institution \nThe term financial institution — (i) has the meaning given the term in section 903 of the Electronic Transfer Fund Act ( 15 U.S.C. 1693a ); and (ii) includes a financial institution (as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 )). (D) Money transmitting business; money transmitting service \nThe terms money transmitting business and money transmitting service have the meaning given the terms in section 5330(d) of title 31, United States Code. (b) In general \nAn Internet pharmacy may only dispense or offer to dispense a prescription drug to a person in the United States in accordance with this section. (c) Licensing of Internet pharmacies \n(1) In general \nTo be licensed under this section an Internet pharmacy shall— (A) have its principal place of business in the United States, Canada, or a permitted country; and (B) be licensed by the Secretary in accordance with this section prior to dispensing a prescription drug to an individual. (2) Conditions for licensing \n(A) Application requirements \nAn Internet pharmacy shall submit to the Secretary an application that includes— (i) (I) in the case of an Internet pharmacy located in the United States, verification that, in each State in which the Internet pharmacy engages in dispensing or offering to dispense prescription drugs, the Internet pharmacy, and all employees and agents of the Internet pharmacy, is in compliance with applicable Federal and State laws regarding— (aa) the practice of pharmacy, including licensing laws and inspection requirements; and (bb) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping controlled substances to consumers; or (II) in the case of an Internet pharmacy located in Canada or a permitted country, verification that— (aa) all employees and agents of the Internet pharmacy are in compliance with applicable laws of Canada or the permitted country regarding the practice of pharmacy, including licensing laws and inspection requirements; and (bb) the Internet pharmacy is in compliance with applicable Federal and State laws regarding the practice of pharmacy, including licensing laws and inspection requirements; (ii) verification that the person that owns the Internet pharmacy has not had a license for an Internet pharmacy terminated by the Secretary, and that no other Internet pharmacy owned by the person has had a license under this subsection that has been terminated by the Secretary; (iii) verification from the person that owns the Internet pharmacy that the person will permit inspection of the facilities and business practices of the Internet pharmacy by the Secretary to the extent necessary to determine whether the Internet pharmacy is in compliance with this subsection; and (iv) in the case of an agreement between a patient and an Internet pharmacy that releases the Internet pharmacy, and any employee or agent of the Internet pharmacy, from liability for damages arising out of the negligence of the Internet pharmacy, an assurance that such a limitation of liability shall be null and void. (B) Identification requirements \nAn Internet pharmacy shall provide to any person that accesses the Internet pharmacy website, on each page of the website of the Internet pharmacy or by a link to a separate page, the following information: (i) The street address, city, ZIP Code or comparable mail code, State (or comparable entity), country, and telephone number of— (I) each place of business of the Internet pharmacy; and (II) the name of the supervising pharmacist of the Internet pharmacy and each individual who serves as a pharmacist for purposes of the Internet pharmacy website. (ii) The names of all States or countries, as appropriate, in which the Internet pharmacy and the pharmacists employed by the Internet pharmacy are licensed or otherwise authorized to dispense prescription drugs. (iii) If the Internet pharmacy makes referrals to, or solicits on behalf of, a health care practitioner or group of practitioners in the United States for prescription services— (I) the name, street address, city, ZIP Code or comparable mail code, State, and telephone number of the practitioner or group; and (II) the name of each State in which each practitioner is licensed or otherwise authorized to prescribe drugs. (iv) A statement that the Internet pharmacy will dispense prescription drugs only after receipt of a valid prescription. (C) Professional services requirements \nAn Internet pharmacy shall carry out the following: (i) Maintain patient medication profiles and other related data in a readily accessible format organized to facilitate consultation with treating providers, caregivers, and patients. (ii) Conduct prospective drug use reviews before dispensing medications or medical devices. (iii) Ensure patient confidentiality and the protection of patient identity and patient-specific information, in accordance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (iv) Offer interactive and meaningful consultation by a licensed pharmacist to the caregiver or patient prior to and subsequent to the time at which the Internet pharmacy dispenses the drug. (v) (I) Establish a mechanism for patients to report errors and suspected adverse drug reactions. (II) Document in the reporting mechanism the response of the Internet pharmacy to those reports. (vi) Develop a system to inform caregivers and patients about drug recalls. (vii) Educate caregivers and patients about the appropriate means of disposing of expired, damaged, or unusable medications. (viii) Assure that the sale of a prescription drug is in accordance with a prescription from the treating provider of the individual. (ix) (I) Verify the validity of the prescription of an individual by using 1 of the following methods: (aa) Receiving from the individual or treating provider of the individual the prescription of the individual by mail (including a private carrier), or receiving from the treating provider of the individual the prescription of the individual by electronic mail. (bb) If the prescription is for a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), confirming with the treating provider the information in subclause (II). (II) When seeking verification of a prescription of an individual under subclause (I)(bb), an Internet pharmacy shall provide to the treating provider the following information: (aa) The full name and address of the individual. (bb) Identification of the prescription drug. (cc) The quantity of the prescription drug to be dispensed. (dd) The date on which the individual presented the prescription to the Internet pharmacy. (ee) The date and time of the verification request. (ff) The name of a contact person at the Internet pharmacy, including a voice telephone number, electronic mail address, and facsimile telephone number. (III) A prescription is verified under subclause (I)(bb) only if 1 of the following occurs: (aa) The treating provider confirms, by direct communication with the Internet pharmacy, that the prescription is accurate. (bb) The treating provider informs the Internet pharmacy that the prescription is inaccurate and provides the accurate prescription. (IV) An Internet pharmacy shall not fill a prescription if— (aa) a treating provider informs the Internet pharmacy within 72 hours after receipt of a communication under subclause (I)(bb) that the prescription is inaccurate or expired; or (bb) the treating provider does not respond within that time. (x) Maintain, for such period of time as the Secretary shall prescribe by regulation, a record of all direct communications with a treating provider regarding the dispensing of a prescription drug, including verification of the prescription. (3) Licensure procedure \n(A) Action by Secretary \nOn receipt of a completed licensing application under paragraph (3), the Secretary shall— (i) assign an identification number to each Internet pharmacy; (ii) notify the applicant of the receipt of the licensure application; and (iii) not later than 60 days after receipt of the licensure application, issue a license if the Internet pharmacy is in compliance with conditions under paragraph (3). (B) Electronic filing \n(i) In general \nFor the purpose of reducing paperwork and reporting burdens, the Secretary shall require the use of electronic methods of submitting to the Secretary a licensure application required under this section and provide for electronic methods of receiving the applications. (ii) Authentication \nIn providing for the electronic submission of such licensure applications under this section, the Secretary shall ensure that adequate authentication protocols are used to allow identification of the Internet pharmacy and validation of the data as appropriate. (4) List \n(A) In general \nThe Secretary shall compile, maintain, and periodically update a list of licensees. (B) Availability \nThe Secretary shall make the list described under subparagraph (A) and information submitted by the licensee under paragraph (2)(B) available to the public on an Internet website and through a toll-free telephone number. (5) Licensing fee \nThe Secretary shall establish a licensing fee that an Internet pharmacy licensed by the Secretary under this section shall be required to pay to the Secretary. (A) Collection \n(i) Collection of initial year licensing fee \nA licensing fee of $5,000 shall be payable for the fiscal year in which the Internet pharmacy first submits a licensing application under this section. (ii) Collection in subsequent years \nAfter the licensing fee is paid for the first fiscal year, the fee, as modified under subparagraph (B), shall be payable on or before October 1 of each year. (iii) One fee per Internet pharmacy \nThe licensing fee shall be paid only once for each Internet pharmacy for a fiscal year in which the fee is payable. (B) Fee amount \nThe amount of the licensing fee shall be determined each year by the Secretary based on the anticipated costs to the Secretary of enforcing the requirements of this section in the subsequent fiscal year. (C) Annual fee determination \n(i) In general \nNot later than 60 days before the beginning of each fiscal year beginning after September 30, 2004, the Secretary shall determine the licensing fee for that fiscal year. (ii) Publication of fee amount \nNot later than 60 days before each fiscal year, the Secretary shall publish the licensing fee under this section for that fiscal year and provide for a period of 30 days for the public to provide written comments on the fee. (D) Use of fees \nThe licensing fees collected under this section shall be used, without further appropriation, to carry out this section. (E) Failure to pay fee \n(i) Due date \nA licensing fee payable under this section shall be paid by the date that is 30 days after the date on which the fee is due. (ii) Failure to pay \nIf an Internet pharmacy subject to a fee under this section fails to pay the fee by the date specified under clause (i), the Secretary shall not permit the Internet pharmacy to engage in the dispensing of drugs as described under this section until all such fees owed by the Internet pharmacy are paid. (F) Reports \nBeginning with fiscal year 2005, not later than 60 days after the end of each fiscal year during which licensing fees are collected under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (i) implementation of the licensing fee authority during the fiscal year; and (ii) the use by the Secretary of the licensing fees collected during the fiscal year for which the report is made. (6) Termination of license \nThe Secretary, upon the initiative of the Secretary, may terminate a license issued under subsection (c), after notice to the Internet pharmacy and an opportunity for a hearing, and if the Secretary determines that an Internet pharmacy— (A) has demonstrated a pattern of noncompliance with this section; (B) has made an untrue statement of material fact in its license application; or (C) is in violation of any applicable Federal or State law relating to the dispensing of a prescription drug. (7) Renewal evaluation \n(A) In general \nBefore renewing a license of an Internet pharmacy under this subsection pursuant to the submission of a renewal application, the Secretary shall conduct an evaluation to determine whether the Internet pharmacy is in compliance with this section. (B) Evaluation \nAt the discretion of the Secretary and as applicable, an evaluation under subparagraph (A) may include testing of the Internet pharmacy website or other systems through which the Internet pharmacy communicates with consumers, and a physical inspection of the records and premises of the pharmacy. (8) Contract for operation of program \n(A) In general \nThe Secretary may award a contract under this subsection for the operation of the licensing program. (B) Term \nThe duration of a contract under subparagraph (A) shall not exceed 5 years and may be renewable. (C) Performance review \nThe Secretary shall annually review performance under a contract under subparagraph (A). (d) Providers of interactive computer services or advertising services \nA provider of interactive computer services (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )) or an advertising service provider shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person’s selling or dispensing of a prescription drug if the provider of the service— (1) accepts advertising for a prescription drug from an unlicensed Internet pharmacy; or (2) accepts advertising stating that an individual does not need a physician’s prescription to obtain a prescription drug. (e) Policies and procedures required to prevent payments for unlawful Internet pharmacy requests \n(1) Regulations \nNot later than 1 year after the date of enactment of this section, the Federal functional regulators shall promulgate regulations requiring a person described in subsection (a)(2) to prevent restricted transactions by establishing policies and procedures that— (A) (i) are reasonably designed to allow the payment system and any person involved in the payment system to identify restricted transactions by means of codes in authorization messages or by other means; and (ii) are reasonably designed to block restricted transactions identified as a result of the policies and procedures developed under clause (i); or (B) prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. (2) Requirements for policies and procedures \nIn promulgating regulations under paragraph (1), the Federal functional regulators shall— (A) identify types of policies and procedures, including nonexclusive examples, that shall be considered to be reasonably designed to identify and reasonably designed to block or to prevent the acceptance of the products or services in connection with each type of restricted transaction, including— (i) identifying transactions by a code or codes in the authorization message; and (ii) denying authorization of a credit card transaction in response to an authorization message; and (B) to the extent practicable, permit any participant in a designated payment system to choose among alternative means of identifying and blocking, or otherwise preventing the acceptance of the products or services of the designated payment system or participant in connection with, restricted transactions. (3) Compliance with payment system policies and procedures \nA person described in subsection (a)(2)(B) meets the requirement of paragraph (1) if— (A) the person relies on and complies with the policies and procedures of a designated payment system of which the person is a member or in which the person is a participant, to— (i) identify and block restricted transactions; or (ii) otherwise prevent the acceptance of the products or services of the payment system, member, or participant in connection with restricted transactions; and (B) such policies and procedures of the designated payment system comply with the requirements of regulations promulgated under paragraph (1). (4) No liability for blocking or refusing to honor restricted transaction \nA person that is subject to a regulation or an order issued under this section and blocks or otherwise refuses to honor a restricted transaction (or a transaction that such person reasonably believes to be a restricted transaction) or as a member of a designated payment system, relies on the policies and procedures of the payment system in an effort to comply with regulations promulgated under this section, shall not be liable to any party for such action. (5) Enforcement \n(A) In general \nThis section shall be enforced by the Federal functional regulators and the Federal Trade Commission under applicable law in the manner provided in section 505(a) of the Gramm-Leach-Bliley Act ( 21 U.S.C. 6805(a) ). (B) Factors to be considered \nIn considering any enforcement action under this subsection against a payment system or person described in subsection (a)(2)(B), the Federal functional regulators and the Federal Trade Commission shall consider the following factors: (i) The extent to which the person is extending credit or transmitting funds knowing the transaction is in connection with an unlawful Internet pharmacy request. (ii) The history of the person in extending credit or transmitting funds knowing the transaction is in connection with an unlawful Internet pharmacy request. (iii) The extent to which the person has established and is maintaining policies and procedures in compliance with regulations prescribed under this subsection. (iv) The feasibility that any specific remedy prescribed can be implemented by the person without substantial deviation from normal business practice. (v) The costs and burdens the specific remedy will have on the person. (f) Reports regarding internet-related violations of Federal and State laws on dispensing of drugs \nThe Secretary shall, pursuant to the submission of an application meeting criteria prescribed by the Secretary, make an award of a grant or contract to an entity with experience in developing and maintaining systems for the purpose of— (1) identifying Internet pharmacy websites that are not licensed or that appear to be operating in violation of Federal or State laws concerning the dispensing of drugs; (2) reporting such Internet pharmacy websites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (3) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in paragraph (1).. (b) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) (as amended by section 2(b)) is amended by adding at the end the following: (ii) The sale of a prescription drug, or the ownership or operation of an Internet pharmacy, in violation of section 511. (jj) The representation by advertisement, sales presentation, direct communication (including telephone, facsimile, or electronic mail), or otherwise by an Internet pharmacy, that a prescription drug may be obtained from the Internet pharmacy without a prescription, in violation of section 511. (kk) The acceptance of an advertisement from an Internet pharmacy by the provider of an interactive computer service, unless the provider has on file a copy of the license issued to the Internet pharmacy under section 511.. (c) Links to illegal Internet pharmacies \nSection 302 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 332 ) is amended by adding at the end the following: (c) (1) In the case of a violation of section 511 relating to an illegal Internet pharmacy, the district courts of the United States and the United States courts of the territories shall have jurisdiction to order a provider of an interactive computer service to remove, or disable access to, a website violating that section that resides on a computer server that the provider controls or operates. (2) Relief under paragraph (1)— (A) shall be available only after provision to the provider of notice and an opportunity to appear; (B) shall not impose any obligation on the provider to monitor its service or to affirmatively seek facts indicating activity violating section 511; and (C) shall specify the provider to which the relief applies.. (d) Regulations \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate interim final regulations that are consistent with the Verified Internet Pharmacy Sites certification program developed by the National Association of Boards of Pharmacy to carry out the amendments made by this section. (2) Effective date \nThe requirement of licensure under section 511 of the Federal Food, Drug, and Cosmetic Act (as added by this section) shall take effect on the date determined by the Secretary of Health and Human Services but in no event later than 90 days after the effective date of the interim final regulations under paragraph (1). (e) Return to sender \nSection 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) is amended by adding at the end the following: (p) Unlicensed Internet pharmacy \nIf an Internet pharmacy is not licensed by the Secretary in accordance with section 511, any shipment of a prescription drug from such an Internet pharmacy to an individual shall be refused admission into the United States and the Secretary shall return the prescription drug, other than a prescription drug that is required to be destroyed, to the Internet pharmacy at the expense of the Internet pharmacy. (q) Licensed Internet pharmacy \nIf a shipment of a prescription drug from an Internet pharmacy licensed by the Secretary in accordance with section 511 to an individual is refused admission into the United States, the Secretary shall— (1) return the prescription drug, other than a prescription drug that is required to be destroyed, to the Internet pharmacy at the expense of the Internet pharmacy; and (2) provide the individual and the Internet pharmacy with a written notice that informs the individual and the Internet pharmacy of the refusal and of the reason for the refusal..", "id": "HE42E2912CE43406BB43EEF3F20EAD765", "header": "Internet pharmacies" }, { "text": "511. Internet pharmacies \n(a) Definitions \nIn this section: (1) Advertising service provider \nThe term advertising service provider means an advertising company that contracts with a provider of an interactive computer service (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) to provide advertising on the Internet. (2) Designated payment system \n(A) In general \nThe term designated payment system means a system used by a person to effect a credit transaction, electronic transfer, or money transmitting service described in subparagraph (B) that the Federal functional regulators determine, by regulation or order, could be used in connection with, or to facilitate, a restricted transaction. (B) Persons described \nA person referred to in subparagraph (A) is— (i) a creditor; (ii) a credit card issuer; (iii) a financial institution; (iv) an operator of a terminal at which an electronic fund transfer may be initiated; (v) a money transmitting business; or (vi) (I) an international, national, regional, or local network used to effect a credit transaction, electronic fund transfer, or money transmitting service; or (II) any participant in a network described in subclause (I). (3) Federal functional regulator \nThe term Federal functional regulator has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ). (4) Prescription drug \nThe term prescription drug means a drug described in section 503(b) that is approved by the Secretary under section 505. (5) Internet pharmacy \nThe term Internet pharmacy means a person that dispenses or offers to dispense a prescription drug through an Internet website in interstate commerce in the United States regardless of whether the physical location of the principal place of business of the Internet pharmacy is in the United States or in another country. (6) Restricted transaction \nThe term restricted transaction means a transaction or transmittal, on behalf of a individual who places an unlawful Internet pharmacy request to any person engaged in the operation of an unlicensed Internet pharmacy, of— (A) credit, or the proceeds of credit, extended to or on behalf of the individual who placed the unlawful Internet request (including credit extended through the use of a credit card); (B) an electronic fund transfer or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of the individual who placed the unlawful Internet request; (C) a check, draft, or similar instrument which is drawn by or on behalf of the individual who placed the unlawful Internet request and is drawn on or payable at or through any financial institution; or (D) the proceeds of any other form of financial transaction (identified by the Federal functional regulators by regulation) that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the individual who placed the unlawful Internet request. (7) Unlawful Internet pharmacy request \nThe term unlawful Internet pharmacy request means the request, or transmittal of a request, made to an unlicensed Internet pharmacy for a prescription drug by mail (including a private carrier), facsimile, phone, or electronic mail, or by a means that involves the use, in whole or in part, of the Internet. (8) Other definitions \n(A) Credit; creditor; credit card \nThe terms credit , creditor , and credit card have the meanings given the terms in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ). (B) Electronic fund transfer \nThe term electronic fund transfer — (i) has the meaning given the term in section 903 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693a ); and (ii) includes any fund transfer covered under Article 4A of the Uniform Commercial Code, as in effect in any State. (C) Financial institution \nThe term financial institution — (i) has the meaning given the term in section 903 of the Electronic Transfer Fund Act ( 15 U.S.C. 1693a ); and (ii) includes a financial institution (as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 )). (D) Money transmitting business; money transmitting service \nThe terms money transmitting business and money transmitting service have the meaning given the terms in section 5330(d) of title 31, United States Code. (b) In general \nAn Internet pharmacy may only dispense or offer to dispense a prescription drug to a person in the United States in accordance with this section. (c) Licensing of Internet pharmacies \n(1) In general \nTo be licensed under this section an Internet pharmacy shall— (A) have its principal place of business in the United States, Canada, or a permitted country; and (B) be licensed by the Secretary in accordance with this section prior to dispensing a prescription drug to an individual. (2) Conditions for licensing \n(A) Application requirements \nAn Internet pharmacy shall submit to the Secretary an application that includes— (i) (I) in the case of an Internet pharmacy located in the United States, verification that, in each State in which the Internet pharmacy engages in dispensing or offering to dispense prescription drugs, the Internet pharmacy, and all employees and agents of the Internet pharmacy, is in compliance with applicable Federal and State laws regarding— (aa) the practice of pharmacy, including licensing laws and inspection requirements; and (bb) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping controlled substances to consumers; or (II) in the case of an Internet pharmacy located in Canada or a permitted country, verification that— (aa) all employees and agents of the Internet pharmacy are in compliance with applicable laws of Canada or the permitted country regarding the practice of pharmacy, including licensing laws and inspection requirements; and (bb) the Internet pharmacy is in compliance with applicable Federal and State laws regarding the practice of pharmacy, including licensing laws and inspection requirements; (ii) verification that the person that owns the Internet pharmacy has not had a license for an Internet pharmacy terminated by the Secretary, and that no other Internet pharmacy owned by the person has had a license under this subsection that has been terminated by the Secretary; (iii) verification from the person that owns the Internet pharmacy that the person will permit inspection of the facilities and business practices of the Internet pharmacy by the Secretary to the extent necessary to determine whether the Internet pharmacy is in compliance with this subsection; and (iv) in the case of an agreement between a patient and an Internet pharmacy that releases the Internet pharmacy, and any employee or agent of the Internet pharmacy, from liability for damages arising out of the negligence of the Internet pharmacy, an assurance that such a limitation of liability shall be null and void. (B) Identification requirements \nAn Internet pharmacy shall provide to any person that accesses the Internet pharmacy website, on each page of the website of the Internet pharmacy or by a link to a separate page, the following information: (i) The street address, city, ZIP Code or comparable mail code, State (or comparable entity), country, and telephone number of— (I) each place of business of the Internet pharmacy; and (II) the name of the supervising pharmacist of the Internet pharmacy and each individual who serves as a pharmacist for purposes of the Internet pharmacy website. (ii) The names of all States or countries, as appropriate, in which the Internet pharmacy and the pharmacists employed by the Internet pharmacy are licensed or otherwise authorized to dispense prescription drugs. (iii) If the Internet pharmacy makes referrals to, or solicits on behalf of, a health care practitioner or group of practitioners in the United States for prescription services— (I) the name, street address, city, ZIP Code or comparable mail code, State, and telephone number of the practitioner or group; and (II) the name of each State in which each practitioner is licensed or otherwise authorized to prescribe drugs. (iv) A statement that the Internet pharmacy will dispense prescription drugs only after receipt of a valid prescription. (C) Professional services requirements \nAn Internet pharmacy shall carry out the following: (i) Maintain patient medication profiles and other related data in a readily accessible format organized to facilitate consultation with treating providers, caregivers, and patients. (ii) Conduct prospective drug use reviews before dispensing medications or medical devices. (iii) Ensure patient confidentiality and the protection of patient identity and patient-specific information, in accordance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (iv) Offer interactive and meaningful consultation by a licensed pharmacist to the caregiver or patient prior to and subsequent to the time at which the Internet pharmacy dispenses the drug. (v) (I) Establish a mechanism for patients to report errors and suspected adverse drug reactions. (II) Document in the reporting mechanism the response of the Internet pharmacy to those reports. (vi) Develop a system to inform caregivers and patients about drug recalls. (vii) Educate caregivers and patients about the appropriate means of disposing of expired, damaged, or unusable medications. (viii) Assure that the sale of a prescription drug is in accordance with a prescription from the treating provider of the individual. (ix) (I) Verify the validity of the prescription of an individual by using 1 of the following methods: (aa) Receiving from the individual or treating provider of the individual the prescription of the individual by mail (including a private carrier), or receiving from the treating provider of the individual the prescription of the individual by electronic mail. (bb) If the prescription is for a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), confirming with the treating provider the information in subclause (II). (II) When seeking verification of a prescription of an individual under subclause (I)(bb), an Internet pharmacy shall provide to the treating provider the following information: (aa) The full name and address of the individual. (bb) Identification of the prescription drug. (cc) The quantity of the prescription drug to be dispensed. (dd) The date on which the individual presented the prescription to the Internet pharmacy. (ee) The date and time of the verification request. (ff) The name of a contact person at the Internet pharmacy, including a voice telephone number, electronic mail address, and facsimile telephone number. (III) A prescription is verified under subclause (I)(bb) only if 1 of the following occurs: (aa) The treating provider confirms, by direct communication with the Internet pharmacy, that the prescription is accurate. (bb) The treating provider informs the Internet pharmacy that the prescription is inaccurate and provides the accurate prescription. (IV) An Internet pharmacy shall not fill a prescription if— (aa) a treating provider informs the Internet pharmacy within 72 hours after receipt of a communication under subclause (I)(bb) that the prescription is inaccurate or expired; or (bb) the treating provider does not respond within that time. (x) Maintain, for such period of time as the Secretary shall prescribe by regulation, a record of all direct communications with a treating provider regarding the dispensing of a prescription drug, including verification of the prescription. (3) Licensure procedure \n(A) Action by Secretary \nOn receipt of a completed licensing application under paragraph (3), the Secretary shall— (i) assign an identification number to each Internet pharmacy; (ii) notify the applicant of the receipt of the licensure application; and (iii) not later than 60 days after receipt of the licensure application, issue a license if the Internet pharmacy is in compliance with conditions under paragraph (3). (B) Electronic filing \n(i) In general \nFor the purpose of reducing paperwork and reporting burdens, the Secretary shall require the use of electronic methods of submitting to the Secretary a licensure application required under this section and provide for electronic methods of receiving the applications. (ii) Authentication \nIn providing for the electronic submission of such licensure applications under this section, the Secretary shall ensure that adequate authentication protocols are used to allow identification of the Internet pharmacy and validation of the data as appropriate. (4) List \n(A) In general \nThe Secretary shall compile, maintain, and periodically update a list of licensees. (B) Availability \nThe Secretary shall make the list described under subparagraph (A) and information submitted by the licensee under paragraph (2)(B) available to the public on an Internet website and through a toll-free telephone number. (5) Licensing fee \nThe Secretary shall establish a licensing fee that an Internet pharmacy licensed by the Secretary under this section shall be required to pay to the Secretary. (A) Collection \n(i) Collection of initial year licensing fee \nA licensing fee of $5,000 shall be payable for the fiscal year in which the Internet pharmacy first submits a licensing application under this section. (ii) Collection in subsequent years \nAfter the licensing fee is paid for the first fiscal year, the fee, as modified under subparagraph (B), shall be payable on or before October 1 of each year. (iii) One fee per Internet pharmacy \nThe licensing fee shall be paid only once for each Internet pharmacy for a fiscal year in which the fee is payable. (B) Fee amount \nThe amount of the licensing fee shall be determined each year by the Secretary based on the anticipated costs to the Secretary of enforcing the requirements of this section in the subsequent fiscal year. (C) Annual fee determination \n(i) In general \nNot later than 60 days before the beginning of each fiscal year beginning after September 30, 2004, the Secretary shall determine the licensing fee for that fiscal year. (ii) Publication of fee amount \nNot later than 60 days before each fiscal year, the Secretary shall publish the licensing fee under this section for that fiscal year and provide for a period of 30 days for the public to provide written comments on the fee. (D) Use of fees \nThe licensing fees collected under this section shall be used, without further appropriation, to carry out this section. (E) Failure to pay fee \n(i) Due date \nA licensing fee payable under this section shall be paid by the date that is 30 days after the date on which the fee is due. (ii) Failure to pay \nIf an Internet pharmacy subject to a fee under this section fails to pay the fee by the date specified under clause (i), the Secretary shall not permit the Internet pharmacy to engage in the dispensing of drugs as described under this section until all such fees owed by the Internet pharmacy are paid. (F) Reports \nBeginning with fiscal year 2005, not later than 60 days after the end of each fiscal year during which licensing fees are collected under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (i) implementation of the licensing fee authority during the fiscal year; and (ii) the use by the Secretary of the licensing fees collected during the fiscal year for which the report is made. (6) Termination of license \nThe Secretary, upon the initiative of the Secretary, may terminate a license issued under subsection (c), after notice to the Internet pharmacy and an opportunity for a hearing, and if the Secretary determines that an Internet pharmacy— (A) has demonstrated a pattern of noncompliance with this section; (B) has made an untrue statement of material fact in its license application; or (C) is in violation of any applicable Federal or State law relating to the dispensing of a prescription drug. (7) Renewal evaluation \n(A) In general \nBefore renewing a license of an Internet pharmacy under this subsection pursuant to the submission of a renewal application, the Secretary shall conduct an evaluation to determine whether the Internet pharmacy is in compliance with this section. (B) Evaluation \nAt the discretion of the Secretary and as applicable, an evaluation under subparagraph (A) may include testing of the Internet pharmacy website or other systems through which the Internet pharmacy communicates with consumers, and a physical inspection of the records and premises of the pharmacy. (8) Contract for operation of program \n(A) In general \nThe Secretary may award a contract under this subsection for the operation of the licensing program. (B) Term \nThe duration of a contract under subparagraph (A) shall not exceed 5 years and may be renewable. (C) Performance review \nThe Secretary shall annually review performance under a contract under subparagraph (A). (d) Providers of interactive computer services or advertising services \nA provider of interactive computer services (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )) or an advertising service provider shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person’s selling or dispensing of a prescription drug if the provider of the service— (1) accepts advertising for a prescription drug from an unlicensed Internet pharmacy; or (2) accepts advertising stating that an individual does not need a physician’s prescription to obtain a prescription drug. (e) Policies and procedures required to prevent payments for unlawful Internet pharmacy requests \n(1) Regulations \nNot later than 1 year after the date of enactment of this section, the Federal functional regulators shall promulgate regulations requiring a person described in subsection (a)(2) to prevent restricted transactions by establishing policies and procedures that— (A) (i) are reasonably designed to allow the payment system and any person involved in the payment system to identify restricted transactions by means of codes in authorization messages or by other means; and (ii) are reasonably designed to block restricted transactions identified as a result of the policies and procedures developed under clause (i); or (B) prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. (2) Requirements for policies and procedures \nIn promulgating regulations under paragraph (1), the Federal functional regulators shall— (A) identify types of policies and procedures, including nonexclusive examples, that shall be considered to be reasonably designed to identify and reasonably designed to block or to prevent the acceptance of the products or services in connection with each type of restricted transaction, including— (i) identifying transactions by a code or codes in the authorization message; and (ii) denying authorization of a credit card transaction in response to an authorization message; and (B) to the extent practicable, permit any participant in a designated payment system to choose among alternative means of identifying and blocking, or otherwise preventing the acceptance of the products or services of the designated payment system or participant in connection with, restricted transactions. (3) Compliance with payment system policies and procedures \nA person described in subsection (a)(2)(B) meets the requirement of paragraph (1) if— (A) the person relies on and complies with the policies and procedures of a designated payment system of which the person is a member or in which the person is a participant, to— (i) identify and block restricted transactions; or (ii) otherwise prevent the acceptance of the products or services of the payment system, member, or participant in connection with restricted transactions; and (B) such policies and procedures of the designated payment system comply with the requirements of regulations promulgated under paragraph (1). (4) No liability for blocking or refusing to honor restricted transaction \nA person that is subject to a regulation or an order issued under this section and blocks or otherwise refuses to honor a restricted transaction (or a transaction that such person reasonably believes to be a restricted transaction) or as a member of a designated payment system, relies on the policies and procedures of the payment system in an effort to comply with regulations promulgated under this section, shall not be liable to any party for such action. (5) Enforcement \n(A) In general \nThis section shall be enforced by the Federal functional regulators and the Federal Trade Commission under applicable law in the manner provided in section 505(a) of the Gramm-Leach-Bliley Act ( 21 U.S.C. 6805(a) ). (B) Factors to be considered \nIn considering any enforcement action under this subsection against a payment system or person described in subsection (a)(2)(B), the Federal functional regulators and the Federal Trade Commission shall consider the following factors: (i) The extent to which the person is extending credit or transmitting funds knowing the transaction is in connection with an unlawful Internet pharmacy request. (ii) The history of the person in extending credit or transmitting funds knowing the transaction is in connection with an unlawful Internet pharmacy request. (iii) The extent to which the person has established and is maintaining policies and procedures in compliance with regulations prescribed under this subsection. (iv) The feasibility that any specific remedy prescribed can be implemented by the person without substantial deviation from normal business practice. (v) The costs and burdens the specific remedy will have on the person. (f) Reports regarding internet-related violations of Federal and State laws on dispensing of drugs \nThe Secretary shall, pursuant to the submission of an application meeting criteria prescribed by the Secretary, make an award of a grant or contract to an entity with experience in developing and maintaining systems for the purpose of— (1) identifying Internet pharmacy websites that are not licensed or that appear to be operating in violation of Federal or State laws concerning the dispensing of drugs; (2) reporting such Internet pharmacy websites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (3) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in paragraph (1).", "id": "H7CC53B57B9A04E6094CDF722EBA3CDC1", "header": "Internet pharmacies" }, { "text": "5. Administrative detention and temporary hold \n(a) In general \nThe Federal Food, Drug, and Cosmetic Act is amended by adding after section 815 (as added by section 9) the following: 816. Administrative detention \n(a) Administrative detention of prescription drugs \n(1) Detention authority \n(A) In general \nAn officer or qualified employee of the Food and Drug Administration may order the detention, in accordance with this subsection, of any prescription drug that is found during an inspection, examination, or investigation under this Act conducted by the officer or qualified employee, if the officer or qualified employee has credible evidence or information indicating that the prescription drug presents a risk to the public health. (B) Approval \nA prescription drug may be detained under subparagraph (A) only if the Secretary or an official designated by the Secretary approves the order of detention. (2) Period of detention \nA prescription drug may be detained under paragraph (1) for a reasonable period, not to exceed 20 days, unless a greater period, not to exceed 30 days, is necessary, to enable the Secretary to commence an action under this subsection or section 302. (3) Security of detained article \n(A) In general \nAn order under paragraph (1) with respect to a prescription drug— (i) may require that the prescription drug be labeled or marked as detained; and (ii) shall require that the prescription drug be removed to a secure facility, as appropriate. (B) No transfer \nA prescription drug subject to an order under paragraph (1) shall not be transferred by any person from the place at which the prescription drug is ordered detained or from the place to which the prescription drug is removed, until released by the Secretary or until the expiration of the detention period applicable under the order, whichever occurs first. (C) Effect of paragraph \nThis paragraph does not authorize the delivery of a prescription drug pursuant to the execution of a bond while the prescription drug is subject to an order under paragraph (1). (D) Effect of bonding provision \nSection 801(b) does not authorize the delivery of a prescription drug pursuant to the execution of a bond while the prescription drug is subject to an order under paragraph (1). (4) Appeal of detention order \n(A) In general \nWith respect to a prescription drug detained under paragraph (1), any person that would be entitled to be a claimant for the prescription drug if the prescription drug were seized under paragraph (1) may appeal the order of detention to the Secretary. (B) Action by the Secretary \nNot later than 5 days after an appeal is filed, the Secretary, after providing opportunity for an informal hearing, shall confirm or terminate the order, and confirmation by the Secretary shall be considered to be a final agency action for purposes of section 702 of title 5, United States Code. (C) Failure to Act \nIf, during the 5-day period specified in subparagraph (B), the Secretary fails to provide an opportunity for hearing or to confirm or terminate the order, the order shall be deemed to be terminated. (D) Effect of commencement of court action \nThe process under this paragraph for the appeal of an order under paragraph (1) with respect to a prescription drug terminates if the Secretary commences an action under subsection (a) or section 302 regarding the prescription drug. (b) Effect of Section \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Temporary hold at port of entry \nSection 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) (as amended by section 4(e)) is amended by adding at the end the following: (r) Temporary hold at port of entry \n(1) In general \nIf an officer or qualified employee of the Food and Drug Administration has credible evidence or information indicating that a prescription drug presents a risk to the public health, and the officer or qualified employee is unable to inspect, examine, or investigate the prescription drug upon the prescription drug’s being offered for import at a port of entry into the United States, the officer or qualified employee shall request the Secretary of the Treasury to hold the prescription drug at the port of entry for a reasonable period of time, not to exceed 24 hours, for the purpose of enabling the Secretary to inspect, examine, or investigate the prescription drug as appropriate. (2) Approval \n(A) In general \nAn officer or qualified employee of the Food and Drug Administration may make a request under paragraph (1) only if the Secretary or an official designated by the Secretary approves the request. (B) Designees \nAn official may not be designated under subparagraph (A) unless the official is the director of the district under this Act in which the prescription drug is located, or is an official senior to that director. (3) Notification \nWith respect to a prescription drug for which a request under paragraph (1) is made, the Secretary, promptly after the request is made, shall notify the State in which the port of entry involved is located that the request has been made, and as applicable, that the prescription drug, is being held under this subsection. (4) Removal \nA prescription drug held under paragraph (1) shall be removed to a secure facility, as appropriate. (5) No transfer \nDuring the period in which a prescription drug is held under this subsection, the prescription drug shall not be transferred by any person from the port of entry into the United States for the prescription drug or from the secure facility to which the prescription drug has been removed. (6) Effect of bonding provision \nSubsection (b) does not authorize the delivery of a prescription drug held under this subsection pursuant to the execution of a bond while the prescription drug is held under this subsection. (7) Effect of subsection \nNothing in this subsection applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (c) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) (as amended by section 4(b)) is amended by adding at the end the following: (ll) The transfer of a prescription drug in violation of an order under section 816, or the removal or alteration of any mark or label required by the order to identify the prescription drug as detained..", "id": "H24B4C9A2C4334376A1A760AC5635556E", "header": "Administrative detention and temporary hold" }, { "text": "816. Administrative detention \n(a) Administrative detention of prescription drugs \n(1) Detention authority \n(A) In general \nAn officer or qualified employee of the Food and Drug Administration may order the detention, in accordance with this subsection, of any prescription drug that is found during an inspection, examination, or investigation under this Act conducted by the officer or qualified employee, if the officer or qualified employee has credible evidence or information indicating that the prescription drug presents a risk to the public health. (B) Approval \nA prescription drug may be detained under subparagraph (A) only if the Secretary or an official designated by the Secretary approves the order of detention. (2) Period of detention \nA prescription drug may be detained under paragraph (1) for a reasonable period, not to exceed 20 days, unless a greater period, not to exceed 30 days, is necessary, to enable the Secretary to commence an action under this subsection or section 302. (3) Security of detained article \n(A) In general \nAn order under paragraph (1) with respect to a prescription drug— (i) may require that the prescription drug be labeled or marked as detained; and (ii) shall require that the prescription drug be removed to a secure facility, as appropriate. (B) No transfer \nA prescription drug subject to an order under paragraph (1) shall not be transferred by any person from the place at which the prescription drug is ordered detained or from the place to which the prescription drug is removed, until released by the Secretary or until the expiration of the detention period applicable under the order, whichever occurs first. (C) Effect of paragraph \nThis paragraph does not authorize the delivery of a prescription drug pursuant to the execution of a bond while the prescription drug is subject to an order under paragraph (1). (D) Effect of bonding provision \nSection 801(b) does not authorize the delivery of a prescription drug pursuant to the execution of a bond while the prescription drug is subject to an order under paragraph (1). (4) Appeal of detention order \n(A) In general \nWith respect to a prescription drug detained under paragraph (1), any person that would be entitled to be a claimant for the prescription drug if the prescription drug were seized under paragraph (1) may appeal the order of detention to the Secretary. (B) Action by the Secretary \nNot later than 5 days after an appeal is filed, the Secretary, after providing opportunity for an informal hearing, shall confirm or terminate the order, and confirmation by the Secretary shall be considered to be a final agency action for purposes of section 702 of title 5, United States Code. (C) Failure to Act \nIf, during the 5-day period specified in subparagraph (B), the Secretary fails to provide an opportunity for hearing or to confirm or terminate the order, the order shall be deemed to be terminated. (D) Effect of commencement of court action \nThe process under this paragraph for the appeal of an order under paragraph (1) with respect to a prescription drug terminates if the Secretary commences an action under subsection (a) or section 302 regarding the prescription drug. (b) Effect of Section \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.", "id": "HCC8BDC7B0EA64D4B89224BBA7F0092D3", "header": "Administrative detention" }, { "text": "6. Suspension \n(a) In general \nThe Federal Food, Drug, and Cosmetic Act is amended by adding after section 816 (as added by section 5) the following: 817. Suspension of importation \n(a) Prescription drug \nIf the Secretary determines that the importation of a particular prescription drug or particular dosage form of a prescription drug into the United States presents a risk to the public health, the Secretary may immediately order the suspension of the importation of the particular prescription drug or particular dosage form of the prescription drug. (b) Suspension \nIf the Secretary determines that a drug importation facility, pharmacy, Internet pharmacy, or wholesaler is engaged in a pattern of importing or offering for importation a prescription drug into the United States in violation of any of the requirements of this Act, the Secretary may immediately order the suspension of that person from engaging in the importation or offering for importation of prescription drugs into the United States. (c) Canada or permitted country \nIf the Secretary determines that there is a pattern of prescription drugs being imported or offered for importation into the United States from Canada or a permitted country in violation of any of the requirements of this Act, the Secretary may immediately order the suspension of the importation or offering for importation into the United States of prescription drugs from Canada or that permitted country, as appropriate. (d) Appeal of suspension order \n(1) In general \n(A) Prescription drugs \nWith respect to the importation of a prescription drug, the importation of which is suspended under subsection (a), any person that would be entitled to be a claimant for the prescription drug may appeal the suspension order to the Secretary. (B) Suspended persons \nWith respect to a drug importation facility, pharmacy, Internet pharmacy, or wholesaler subject to a suspension order under subsection (b) or (c), the drug importation facility, pharmacy, Internet pharmacy or wholesaler may appeal the suspension order to the Secretary. (2) Action by the Secretary \nNot later than 30 days after an appeal is filed, the Secretary, after providing opportunity for an informal hearing, shall confirm or terminate the order. (3) Failure to Act \nIf, during the 30-day period specified in paragraph (2), the Secretary fails to provide an opportunity for a hearing or to confirm or terminate the order, the order shall be deemed to be terminated. (e) No judicial review \nAn order under this section shall not be subject to judicial review. (f) Effect of Section \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) (as amended by section 5(c)) is amended by adding at the end the following: (mm) The importation or offering for importation of a prescription drug in violation of an order under section 817..", "id": "H1DBEE562914E4C3C96BB3F104182BA22", "header": "Suspension" }, { "text": "817. Suspension of importation \n(a) Prescription drug \nIf the Secretary determines that the importation of a particular prescription drug or particular dosage form of a prescription drug into the United States presents a risk to the public health, the Secretary may immediately order the suspension of the importation of the particular prescription drug or particular dosage form of the prescription drug. (b) Suspension \nIf the Secretary determines that a drug importation facility, pharmacy, Internet pharmacy, or wholesaler is engaged in a pattern of importing or offering for importation a prescription drug into the United States in violation of any of the requirements of this Act, the Secretary may immediately order the suspension of that person from engaging in the importation or offering for importation of prescription drugs into the United States. (c) Canada or permitted country \nIf the Secretary determines that there is a pattern of prescription drugs being imported or offered for importation into the United States from Canada or a permitted country in violation of any of the requirements of this Act, the Secretary may immediately order the suspension of the importation or offering for importation into the United States of prescription drugs from Canada or that permitted country, as appropriate. (d) Appeal of suspension order \n(1) In general \n(A) Prescription drugs \nWith respect to the importation of a prescription drug, the importation of which is suspended under subsection (a), any person that would be entitled to be a claimant for the prescription drug may appeal the suspension order to the Secretary. (B) Suspended persons \nWith respect to a drug importation facility, pharmacy, Internet pharmacy, or wholesaler subject to a suspension order under subsection (b) or (c), the drug importation facility, pharmacy, Internet pharmacy or wholesaler may appeal the suspension order to the Secretary. (2) Action by the Secretary \nNot later than 30 days after an appeal is filed, the Secretary, after providing opportunity for an informal hearing, shall confirm or terminate the order. (3) Failure to Act \nIf, during the 30-day period specified in paragraph (2), the Secretary fails to provide an opportunity for a hearing or to confirm or terminate the order, the order shall be deemed to be terminated. (e) No judicial review \nAn order under this section shall not be subject to judicial review. (f) Effect of Section \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.", "id": "HBF1F8FF3714F4844AC104E0338002EF7", "header": "Suspension of importation" }, { "text": "7. Debarment for repeated or serious prescription drug importation violations \n(a) Debarment authority \n(1) Permissive debarment \nSection 306(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 335a(b)(1) ) is amended— (A) in subparagraph (B), by striking or at the end; (B) in subparagraph (C), by striking the period at the end and inserting , or ; and (C) by adding at the end the following: (D) a person from importing a prescription drug or offering a prescription drug for importation into the United States.. (2) Amendment regarding debarment grounds \nSection 306(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 335a(b) ) is amended— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: (4) Persons subject to permissive debarment; prescription drug importation \n(A) In general \nA person is subject to debarment under paragraph (1)(D) if— (i) the person has been convicted of a felony for conduct relating to the importation into the United States of any prescription drug; or (ii) the person has engaged in a pattern of importing or offering for import a prescription drug that presents a risk to the public health. (B) Effect of paragraph \nNothing in this paragraph applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Conforming amendments \nSection 306 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 335a ) is amended— (1) in subsection (b), by striking the subsection heading and inserting the following: (b) Permissive debarment; certain drug applications; imports \n; (2) in subsection (c)(2)(A)(iii), by striking paragraph (2) or (3) of subsection (b) and inserting paragraph (2), (3), or (4) of subsection (b) ; and (3) in subsection (d)(3)— (A) in subparagraph (A)(i), by striking or paragraph (2)(A) or (3) of subsection (b) and inserting paragraph (2)(A), (3), or (4) of subsection (b) ; (B) in clauses (i) and (ii) of subparagraph (B), by striking or subsection (b)(3) and inserting paragraph (3) or (4) of subsection (b) ; and (C) in subparagraph (B)(ii), by striking or the food importation process, as the case may be and inserting , or the food or prescription drug importation process, as the case may be. (c) Effective date \nSection 306(l)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 335a(l)(2) ) is amended— (1) in the first sentence, by striking and subsection (b)(3)(A) and inserting subsection (b)(3)(A), and subsection (b)(4)(A) ; and (2) in the second sentence, by inserting , subsection (b)(4)(B), after subsection (b)(3)(B). (d) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) (as amended by section 6(b)) is amended by adding at the end the following: (nn) The importing or offering for importation into the United States of a prescription drug by, with the assistance of, or at the direction of a person debarred under section 306(b)(4).. (e) Importation by debarred persons \nSection 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) (as amended by section 5(b)) is amended by adding at the end the following: (s) Importation of prescription drugs by debarred persons \n(1) In general \nIf a prescription drug is imported or offered for importation into the United States, and the importer, owner, or consignee of the prescription drug is a person that has been debarred under section 306(b)(4), the prescription drug— (A) shall be held at the port of entry for the prescription drug; and (B) may not be delivered to the person. (2) Effect of bonding provision \nSubsection (b) does not authorize the delivery of a prescription drug pursuant to the execution of a bond while the prescription drug is held under this subsection. (3) Removal \nA prescription drug held under this subsection shall be removed to a secure facility, as appropriate. (4) No transfer \nDuring a period in which a prescription drug is held under this subsection, the prescription drug shall not be transferred by any person from the port of entry into the United States for the prescription drug or from the secure facility to which the prescription drug has been removed. (5) Permissible delivery \nA prescription drug held under this subsection may be delivered to a person that is not a debarred person under section 306(b)(4) if the person affirmatively establishes, at the expense of the person, that the prescription drug complies with the requirements of this Act, as determined by the Secretary..", "id": "H2A0CAF7AB45C4B1BAE3188B9777000B9", "header": "Debarment for repeated or serious prescription drug importation violations" }, { "text": "8. Registration of prescription drug importation facilities \n(a) Registration of certain importers \nThe Federal Food, Drug, and Cosmetic Act is amended by adding after section 813 (as added by section 2) the following: 814. Registration of certain importers \n(a) In general \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler engaged in the importation or offering for importation of prescription drugs into the United States, or in the dispensing of such drugs, shall register with the Secretary in accordance with this section. (b) Registration \n(1) In general \nTo register, the owner, operator, or agent in charge of a drug importation facility, pharmacy, Internet pharmacy, or wholesaler shall submit to the Secretary a registration that discloses— (A) the name and address of each drug importation facility, pharmacy, Internet pharmacy, or wholesaler at which, and all trade names under which, the registrant conducts business; (B) the name of each prescription drug to be imported into the United States by each drug importation facility, pharmacy, Internet pharmacy, or wholesaler; and (C) the name and address of an agent for service of process in the United States. (2) Change in information \nThe registrant shall notify the Secretary in a timely manner of any change in the information provided under paragraph (1). (3) Procedure \nNot later than 60 days after receipt of a completed registration under paragraph (1), the Secretary shall— (A) assign a registration number to each registered drug importation facility, pharmacy, Internet pharmacy, and wholesaler; and (B) notify the registrant of the receipt of the registration. (4) List \n(A) In general \nThe Secretary shall compile, maintain, and periodically update a list of registrants. (B) Availability \nThe Secretary shall make the list described under subparagraph (A) and information submitted by a registrant under paragraph (1) available to the public on an Internet website and through a toll-free telephone number. (c) Electronic filing \n(1) In general \nFor the purpose of reducing paperwork and reporting burdens, the Secretary shall provide for, and require the use of, electronic methods of submitting to the Secretary registrations required under this section and shall provide for electronic methods of receiving the registrations. (2) Authentication \nIn providing for the electronic submission of such registrations under this section, the Secretary shall ensure that adequate authentication protocols are used to allow identification of the registrant and validation of the data as appropriate. (d) Effect of Section \n(1) Authority \nNothing in this section authorizes the Secretary to require an application, review, or licensing process for a drug importation facility, pharmacy, or wholesaler. (2) Importation by individuals \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Regulations \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out section 814 of the Federal Food, Drug, and Cosmetic Act (as added by this section). (2) Effective date \nThe requirement of registration under section 814 of the Federal Food, Drug, and Cosmetic Act takes effect— (A) on the effective date of the final regulations under paragraph (1); or (B) if the final regulations have not been made effective as of the expiration of that period, on the date that is 1 year after the date of enactment of this Act, subject to compliance with the final regulations when the final regulations are made effective. (c) Importation; failure to register \nSection 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) (as amended by section 7(e)) is amended by adding at the end the following: (t) Failure to register \n(1) In general \nIf a drug importation facility, pharmacy, Internet pharmacy, or wholesaler engaged in the importation or offering for importation of prescription drugs into the United States has not submitted a registration to the Secretary in accordance with section 814, a prescription drug that is being imported or offered for importation into the United States shall not be delivered to the importer, owner, or consignee of the prescription drug until the drug importation facility, pharmacy, Internet pharmacy, or wholesaler is registered in accordance with section 814. (2) Effect of subsection (b) \nSubsection (b) does not authorize the delivery of the prescription drug pursuant to the execution of a bond while the prescription drug is held under this subsection. (3) Removal \nA prescription drug held under this subsection shall be removed to a secure facility, as appropriate. (4) No transfer \nDuring the period in which a prescription drug is held under this subsection, the prescription drug shall not be transferred by any person from the port of entry into the United States for the prescription drug or from the secure facility to which the prescription drug has been removed.. (d) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) (as amended by section 7(d)) is amended by adding at the end the following: (oo) The failure of a drug importation facility, pharmacy, Internet pharmacy, or wholesaler engaged in the importation or offering for importation of prescription drugs into the United States, or in the dispensing of such drugs, to register in accordance with section 814..", "id": "HE7900B99A94744F2A1196893C348D50", "header": "Registration of prescription drug importation facilities" }, { "text": "814. Registration of certain importers \n(a) In general \nA drug importation facility, pharmacy, Internet pharmacy, or wholesaler engaged in the importation or offering for importation of prescription drugs into the United States, or in the dispensing of such drugs, shall register with the Secretary in accordance with this section. (b) Registration \n(1) In general \nTo register, the owner, operator, or agent in charge of a drug importation facility, pharmacy, Internet pharmacy, or wholesaler shall submit to the Secretary a registration that discloses— (A) the name and address of each drug importation facility, pharmacy, Internet pharmacy, or wholesaler at which, and all trade names under which, the registrant conducts business; (B) the name of each prescription drug to be imported into the United States by each drug importation facility, pharmacy, Internet pharmacy, or wholesaler; and (C) the name and address of an agent for service of process in the United States. (2) Change in information \nThe registrant shall notify the Secretary in a timely manner of any change in the information provided under paragraph (1). (3) Procedure \nNot later than 60 days after receipt of a completed registration under paragraph (1), the Secretary shall— (A) assign a registration number to each registered drug importation facility, pharmacy, Internet pharmacy, and wholesaler; and (B) notify the registrant of the receipt of the registration. (4) List \n(A) In general \nThe Secretary shall compile, maintain, and periodically update a list of registrants. (B) Availability \nThe Secretary shall make the list described under subparagraph (A) and information submitted by a registrant under paragraph (1) available to the public on an Internet website and through a toll-free telephone number. (c) Electronic filing \n(1) In general \nFor the purpose of reducing paperwork and reporting burdens, the Secretary shall provide for, and require the use of, electronic methods of submitting to the Secretary registrations required under this section and shall provide for electronic methods of receiving the registrations. (2) Authentication \nIn providing for the electronic submission of such registrations under this section, the Secretary shall ensure that adequate authentication protocols are used to allow identification of the registrant and validation of the data as appropriate. (d) Effect of Section \n(1) Authority \nNothing in this section authorizes the Secretary to require an application, review, or licensing process for a drug importation facility, pharmacy, or wholesaler. (2) Importation by individuals \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.", "id": "H2744601653924FD1A3E0A3D4DECC5EA", "header": "Registration of certain importers" }, { "text": "9. Maintenance and inspection of records for prescription drugs \nThe Federal Food, Drug, and Cosmetic Act is amended by adding after section 814 (as added by section 8) the following: 815. Maintenance and inspection of records for prescription drugs \n(a) In general \nThe Secretary may by regulation establish requirements relating to the establishment and maintenance, for not longer than 2 years, of records by— (1) a drug importation facility, pharmacy, Internet pharmacy, or wholesaler engaged in the importation of prescription drugs into the United States, or in the dispensing of such drugs; and (2) any person that processes, packages, distributes, receives, holds, or transports a prescription drug imported under this subchapter. (b) Inspection \n(1) In general \nIf the Secretary has reason to believe that a prescription drug imported under this subchapter presents a risk to the public health, the drug importation facility, pharmacy, Internet pharmacy, or wholesaler that imports the prescription drug, and each person that processes, packages, distributes, receives, holds, or transports the prescription drug shall, at the request of an officer or employee duly designated by the Secretary, permit the officer or employee, upon presentation of appropriate credentials and a written notice to such pharmacy or person, at reasonable times, within reasonable limits and in a reasonable manner, to have access to and copy all records relating to the prescription drug that are needed to enable the Secretary to determine whether the prescription drug presents a risk to the public health. (2) Applicability \nParagraph (1) applies to all records maintained by or on behalf of the drug importation facility, pharmacy, Internet pharmacy, or wholesaler or such other person in any format (including paper and electronic formats) and at any location. (c) Protection of sensitive information \nThe Secretary shall take appropriate measures to ensure that there are in effect effective procedures to prevent the unauthorized disclosure of any trade secret or confidential information that is obtained by the Secretary under this section or any commercial or financial information that is privileged or confidential. (d) Effect of Section \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual..", "id": "H73998E6FDCDF4CF4A749252F02B00931", "header": "Maintenance and inspection of records for prescription drugs" }, { "text": "815. Maintenance and inspection of records for prescription drugs \n(a) In general \nThe Secretary may by regulation establish requirements relating to the establishment and maintenance, for not longer than 2 years, of records by— (1) a drug importation facility, pharmacy, Internet pharmacy, or wholesaler engaged in the importation of prescription drugs into the United States, or in the dispensing of such drugs; and (2) any person that processes, packages, distributes, receives, holds, or transports a prescription drug imported under this subchapter. (b) Inspection \n(1) In general \nIf the Secretary has reason to believe that a prescription drug imported under this subchapter presents a risk to the public health, the drug importation facility, pharmacy, Internet pharmacy, or wholesaler that imports the prescription drug, and each person that processes, packages, distributes, receives, holds, or transports the prescription drug shall, at the request of an officer or employee duly designated by the Secretary, permit the officer or employee, upon presentation of appropriate credentials and a written notice to such pharmacy or person, at reasonable times, within reasonable limits and in a reasonable manner, to have access to and copy all records relating to the prescription drug that are needed to enable the Secretary to determine whether the prescription drug presents a risk to the public health. (2) Applicability \nParagraph (1) applies to all records maintained by or on behalf of the drug importation facility, pharmacy, Internet pharmacy, or wholesaler or such other person in any format (including paper and electronic formats) and at any location. (c) Protection of sensitive information \nThe Secretary shall take appropriate measures to ensure that there are in effect effective procedures to prevent the unauthorized disclosure of any trade secret or confidential information that is obtained by the Secretary under this section or any commercial or financial information that is privileged or confidential. (d) Effect of Section \nNothing in this section applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.", "id": "HF9D5D95FB428421AAC9869935534616C", "header": "Maintenance and inspection of records for prescription drugs" }, { "text": "10. Advance notice of imported prescription drug shipments \n(a) In general \nSection 801 of the Federal Food, Drug, and Cosmetic Act (as amended by section 8(b)) is amended by adding at the end the following: (u) Advance notice of imported prescription drug shipments \n(1) In general \nFor purposes of enabling the Secretary to inspect at ports of entry a prescription drug that is being imported or offered for importation into the United States, the person importing or offering for importation the prescription drug shall, in advance, provide to the Secretary a notice that includes— (A) the established name (as defined by section 502(e)), dosage form, and quantity of the prescription drug; (B) the name of the shipper of the prescription drug; (C) the name of the country from which the prescription drug originates; (D) the country from which the prescription drug is shipped; (E) the name of the port of entry of the prescription drug; (F) documentation from the drug importation facility located in Canada or a permitted country specifying— (i) the original source of the prescription drug; and (ii) the quantity of each lot of the prescription drug originally received by the facility from that source; (G) the lot or control number assigned to the prescription drug by the manufacturer of the prescription drug; (H) the name, address, telephone number, and professional license number of the drug importation facility located in Canada or a permitted country; and (I) certification from the drug importation facility located in a foreign country or from the manufacturer of the prescription drug that the prescription drug— (i) is approved for marketing in the United States and is not adulterated or misbranded; and (ii) meets all labeling requirements under this Act. (2) Refusal of admission \nA prescription drug imported or offered for importation without submission of a notice under paragraph (1) shall be refused admission into the United States. (3) Period of advance notice \nThe period in which the notice under paragraph (1) is required to be made in advance of the time of the importation of a prescription drug or the offering of a prescription drug for importation shall be not less than 24 hours and not more than 5 days. (4) Failure to provide notice \n(A) In general \nIf a prescription drug is being imported or offered for importation into the United States and notice is not provided in advance in accordance with paragraph (1), the prescription drug shall be held at the port of entry for the prescription drug, and may not be delivered to the importer, owner, or consignee of the prescription drug, until the notice is submitted to the Secretary and the Secretary examines the notice and determines that the notice is in accordance with the requirements under paragraph (1). (5) Effect of bonding provision \nSubsection (b) does not authorize the delivery of a prescription drug pursuant to the execution of a bond while the prescription drug is held under this subsection. (6) Removal \nA prescription drug held under this subsection shall be removed to a secure facility, as appropriate. (7) No transfer \nDuring a period in which a prescription drug is held under this subsection, the prescription drug shall not be transferred by any person from the port of entry into the United States for the article or from the secure facility to which the prescription drug has been removed. (8) Effect of subsection \n(A) Authority \nThis subsection does not limit the authority of the Secretary to obtain information under any other provision of this Act. (B) Importation by individuals \nNothing in this subsection applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) (as amended by section 8(c)) is amended by adding at the end the following: (pp) The failure to submit prior notice of the importation of a prescription drug in violation of section 801(s)..", "id": "HCD066F01E8954FA7814E001B4D1E5EC0", "header": "Advance notice of imported prescription drug shipments" }, { "text": "11. Authority to mark prescription drugs refused admission into the United States \n(a) In general \nSection 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) (as amended by section 10(a)) is amended by adding at the end the following: (v) Prescription drugs refused admission \n(1) In general \nIf a prescription drug has been refused admission under subsection (a), other than such a prescription drug that is required to be destroyed, the Secretary may require the owner or consignee of the prescription drug to affix to the container of the prescription drug a label that clearly and conspicuously bears the statement: UNITED STATES: REFUSED ENTRY. (2) Expenses \nAll expenses in connection with affixing a label under paragraph (1)— (A) shall be paid by the owner or consignee of the prescription drug; and (B) in default of such payment, shall constitute a lien against future importations made by the owner or consignee. (3) Effective period \nA requirement under paragraph (1) with respect to a prescription drug remains in effect until the Secretary determines that the prescription drug has been brought into compliance with this Act. (4) Effect of subsection \nNothing in this subsection applies to a prescription drug imported by an individual under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Misbranded prescription drugs \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (w) If— (1) it is a prescription drug refused admission into the United States that fails to bear a label required by the Secretary under section 801(v); (2) the Secretary finds that the prescription drug presents a risk to the public health; and (3) on or after notifying the owner or consignee of the prescription drug that the label is required under section 801(v), the Secretary informs the owner or consignee that the prescription drug presents such a risk.. (c) Rule of construction \nWith respect to a prescription drug that is imported or offered for importation into the United States, nothing in this section limits the authority of the Secretary of Health and Human Services or the Secretary of the Treasury to require the marking of prescription drugs refused admission under any other provision of law.", "id": "H6670A2FFAEB64EC2A0C9CABFACC8EE6C", "header": "Authority to mark prescription drugs refused admission into the United States" }, { "text": "12. Prohibition of port shopping \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) (as amended by section 11(b)) is amended by adding at the end the following: (x) Port shopping \n(1) In general \nIf— (A) it is a prescription drug imported or offered for importation into the United States; and (B) the prescription drug has previously been refused admission under section 801(a); unless the person reoffering the prescription drug affirmatively establishes, at the expense of the owner or consignee of the prescription drug, that the prescription drug complies with the applicable requirements of this Act, as determined by the Secretary. (2) Effect of paragraph \nNothing in this paragraph applies to importation of a prescription drug under section 812 or to a commercial transaction conducted between an Internet pharmacy and an individual..", "id": "H31AD08C912E944E0BCF64EC1000095B", "header": "Prohibition of port shopping" }, { "text": "13. Authority to commission other Federal and State officials to conduct inspections \nSection 702(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 372(a) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (2) inserting after paragraph (2) the following: (3) (A) The Secretary, pursuant to a memorandum of understanding between the Secretary and the head of another Federal agency, may conduct examinations and investigations for the purposes of enforcing compliance with the amendments made by the Safe IMPORT Act of 2004 through the officers and employees of the other agency. (B) A memorandum of understanding under subparagraph (A) shall include— (i) provisions to ensure adequate training of officers and employees to conduct the examinations and investigations; and (ii) provisions regarding reimbursement that may, in the discretion of the head of the other agency, require reimbursement, in whole or in part, from the Secretary for the examinations or investigations performed under this paragraph by the officers or employees of the other agency. (C) A memorandum of understanding under subparagraph (A) shall be effective only with respect to examinations or inspections at facilities or other locations that are jointly regulated by the Secretary and the other agency. (D) Not later than 60 days after the end of each fiscal year in which the head of a Federal agency carries out 1 or more examinations or inspections under a memorandum of understanding under subparagraph (A), the Secretary and the agency head shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on Energy and Commerce of the House of Representatives, a report that discloses, for that year— (i) the number of officers or employees that carried out 1 or more programs, projects, or activities under the memorandum of understanding; (ii) the number of additional articles that were inspected or examined as a result of the memorandum of understanding; and (iii) the number of additional examinations or investigations that were carried out pursuant to the memorandum of understanding. (4) (A) The Secretary may enter into a contract with a State to use the State Board of Pharmacy personnel of the State to conduct examinations and inspection for the purpose of carrying out the amendments made by the Safe IMPORT Act of 2004. (B) A contract entered into under subparagraph (A) shall— (i) ensure adequate training of officers and employees to conduct the examinations and investigations; and (ii) be effective only with respect to examinations or inspections of drug importation facilities, pharmacies, Internet pharmacies, and wholesalers located in the State..", "id": "H47C35129903F4FAD8916C2E6C605C7B2", "header": "Authority to commission other Federal and State officials to conduct inspections" }, { "text": "14. User fees relating to prescription drug importation \nSubchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 397f et seq. ) is amended by adding at the end the following: 5 Fees relating to prescription drug importation \n740A. Fees relating to prescription drug importation \n(a) Registration fee \nThe Secretary shall establish a user fee program under which a drug importation facility, pharmacy, Internet pharmacy, or wholesaler registering with the Secretary under section 814 shall be required to pay a fee to the Secretary. (b) Collection \n(1) Collection on initial registration \nA fee under this section shall be payable for the fiscal year in which the drug importation facility, pharmacy, Internet pharmacy, or wholesaler first registers under section 814 (or reregisters under that section if that person has withdrawn its registration and subsequently reregisters). (2) Collection in subsequent years \nAfter the fee is paid for that fiscal year, the fee shall be payable on or before October 1 of each year. (3) One fee per facility \nThe fee shall be paid only once for each drug importation facility, pharmacy, Internet pharmacy, or wholesaler registered for a fiscal year in which the fee is payable. (c) Fee amount \nThe amount of the fee shall be determined each year by the Secretary and shall be based on the anticipated costs to the Secretary of enforcing the amendments made by the Safe IMPORT Act of 2004 in the subsequent fiscal year. (d) Use of fees \nThe fees collected under this section shall be used, without further appropriation, to enforce the amendments made by the Safe IMPORT Act of 2004. (e) Annual fee setting \nThe Secretary shall establish, 60 days before the beginning of each fiscal year beginning after September 30, 2004, for that fiscal year, registration fees. (f) Effect of failure to pay fees \n(1) Due date \nA fee payable under this section shall be paid by the date that is 30 days after the date on which the fee is due. (2) Failure to pay \nIf a registered drug importation facility, pharmacy, Internet pharmacy, or wholesaler subject to a fee under this section fails to pay the fee, the Secretary shall not permit the drug importation facility pharmacy, Internet pharmacy, or wholesaler to engage in importation or offering for importation prescription drugs under this Act until all such fees owed by that person are paid. (g) Reports \n(1) Fee establishment \nNot later than 60 days before each fiscal year, the Secretary shall— (A) publish user fees under this section for that fiscal year; (B) hold a meeting at which the public may comment on the recommendations; and (C) provide for a period of 30 days for the public to provide written comments on the recommendations. (2) Performance and fiscal report \nBeginning with fiscal year 2005, not later than 60 days after the end of each fiscal year during which fees are collected under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) implementation of the user fee authority during the fiscal year; and (B) the use by the Secretary of the fees collected during the fiscal year for which the report is made..", "id": "H1ED6E4849DB543A0BC55197C4FB008EC", "header": "User fees relating to prescription drug importation" }, { "text": "740A. Fees relating to prescription drug importation \n(a) Registration fee \nThe Secretary shall establish a user fee program under which a drug importation facility, pharmacy, Internet pharmacy, or wholesaler registering with the Secretary under section 814 shall be required to pay a fee to the Secretary. (b) Collection \n(1) Collection on initial registration \nA fee under this section shall be payable for the fiscal year in which the drug importation facility, pharmacy, Internet pharmacy, or wholesaler first registers under section 814 (or reregisters under that section if that person has withdrawn its registration and subsequently reregisters). (2) Collection in subsequent years \nAfter the fee is paid for that fiscal year, the fee shall be payable on or before October 1 of each year. (3) One fee per facility \nThe fee shall be paid only once for each drug importation facility, pharmacy, Internet pharmacy, or wholesaler registered for a fiscal year in which the fee is payable. (c) Fee amount \nThe amount of the fee shall be determined each year by the Secretary and shall be based on the anticipated costs to the Secretary of enforcing the amendments made by the Safe IMPORT Act of 2004 in the subsequent fiscal year. (d) Use of fees \nThe fees collected under this section shall be used, without further appropriation, to enforce the amendments made by the Safe IMPORT Act of 2004. (e) Annual fee setting \nThe Secretary shall establish, 60 days before the beginning of each fiscal year beginning after September 30, 2004, for that fiscal year, registration fees. (f) Effect of failure to pay fees \n(1) Due date \nA fee payable under this section shall be paid by the date that is 30 days after the date on which the fee is due. (2) Failure to pay \nIf a registered drug importation facility, pharmacy, Internet pharmacy, or wholesaler subject to a fee under this section fails to pay the fee, the Secretary shall not permit the drug importation facility pharmacy, Internet pharmacy, or wholesaler to engage in importation or offering for importation prescription drugs under this Act until all such fees owed by that person are paid. (g) Reports \n(1) Fee establishment \nNot later than 60 days before each fiscal year, the Secretary shall— (A) publish user fees under this section for that fiscal year; (B) hold a meeting at which the public may comment on the recommendations; and (C) provide for a period of 30 days for the public to provide written comments on the recommendations. (2) Performance and fiscal report \nBeginning with fiscal year 2005, not later than 60 days after the end of each fiscal year during which fees are collected under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) implementation of the user fee authority during the fiscal year; and (B) the use by the Secretary of the fees collected during the fiscal year for which the report is made.", "id": "HE7D0C9AAD45B40FD8B60F65F9689224", "header": "Fees relating to prescription drug importation" }, { "text": "15. Anticounterfeiting provisions \n(a) Required records \nSection 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended by striking paragraph (1) and inserting the following: (1) A distributor of record that is engaged in the wholesale distribution of a drug subject to subsection (b), shall— (A) before each wholesale distribution of the drug— (i) with respect to each wholesale distribution of a drug subject to subsection (b), provide the person that receives the drug a statement that identifies the immediately previous distributor of record from which the drug was purchased; and (ii) with respect to a drug subject to subsection (b) that is imported to the United States, provide the person that receives the drug a statement (in such form and containing such information as the Secretary may require) identifying each prior sale, purchase, or trade of the drug (including the date of transmission and the names and addresses of all parties to the transaction); and (B) create, maintain for 2 years, and make available to the Secretary for inspection at reasonable time, records that— (i) with respect to each wholesale distribution of a drug subject to subsection (b), identifies— (I) the immediately previous distributor of record from which the drug was purchased; and (II) the immediately subsequent distributor of record to which the drug was sold or otherwise transferred; and (ii) with respect to a drug subject to subsection (b) that is imported to the United States, identifies— (I) each previous distributor of record from which the drug was purchased or otherwise transferred; and (II) each subsequent distributor of record to which the drug was sold or otherwise transferred, to the extent feasible.. (b) Electronic track and trace technology \nNot later than December 31, 2007, the Secretary of Health and Human Services shall require the adoption and use of electronic track and trace technology for a prescription drug at the case and pallet level that will identify each sale, purchase, or trade of that case or pallet (including the date of transmission and the names and addresses of all parties to the transaction). (c) Distributors of record \nSection 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended by striking paragraph (3) and inserting the following: (3) For the purposes of this subsection and subsection (d)— (A) the term distributor of record — (i) means a person that takes title to or possession of a drug subject to subsection (b) from manufacture to retail sale; (ii) includes a person that manufacturers, processes, packs, distributes, receives, holds, imports, or offers for importation a drug subject to subsection (b); and (iii) does not include a transporter; (B) the term transporter means the United States Postal Service, or equivalent governmental service of a foreign country, or a private carrier engaged in the business of transporting packages for hire; and (C) the term wholesale distribution means the distribution of a drug subject to subsection (b) to other than the consumer or patient but not including an intracompany sale or distribution of a drug described in subsection (c)(3)(B).. (d) Anticounterfeiting programs \nSection 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended by adding at the end the following: (4) The Secretary shall— (A) establish a network to be known as the Counterfeit Alert Network for the purpose of providing prompt notification to health professionals and the public of counterfeit drugs subject to subsection (b); (B) (i) develop and publish an Internet accessible-reference document to facilitate the positive identification by health professionals and regulatory agency personnel of prescription drugs marketed in the United States and Canada; and (ii) update the materials described under clause (i) quarterly and when a new permitted country is designated by the Secretary; (C) develop and publish educational materials to help health professionals and consumers identify and report cases of counterfeit drugs subject to subsection (b); (D) develop and publish secure business practice guidelines for the sale and distribution of such drugs in cooperation with members of a drug supply chain; and (E) in cooperation with the National Association of Boards of Pharmacy, develop and publish revised model rules for licensure of drug wholesalers for adoption by the States..", "id": "H01F41DA5FE5643A000FFE44413905482", "header": "Anticounterfeiting provisions" }, { "text": "16. Conforming amendments \n(a) Section 1006 of the Controlled Substances Import and Export Act ( 21 U.S.C. 956 ) is repealed. (b) The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended— (1) in section 301(aa)— (A) by striking section 804 and inserting subchapter B of chapter VIII ; and (B) by striking such section each place it appears and inserting that subchapter ; (2) in section 801(d)(1), by striking section 804 and inserting subchapter B ; and (3) by striking section 804.", "id": "H67F7256DB1C54505BC3FC2C5BA1B062B", "header": "Conforming amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Enhanced Protection of Our Cultural Heritage Act.", "id": "H9CA96876C5024838007B19A71ED3E1F5", "header": "Short title" }, { "text": "2. Enhanced penalties for cultural heritage crimes \n(a) Enhanced Penalty for Illegal Trafficking in Archaeological Resources \nSection 6(d) of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee(d) ) is amended by striking not more than $10,000 and all that follows through the end of the subsection, and inserting not more than $100,000, imprisoned not more than 10 years, or both.. (b) Enhanced Penalty for Embezzlement and Theft From Indian Tribal Organizations \nSection 1163 of title 18, United States Code, is amended by striking five years and inserting 10 years. (c) Enhanced Penalty for Illegal Trafficking in Native American Human Remains and Cultural Items \nSection 1170 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by inserting or attempts to sell, purchase, use for profit, or transport for sale or profit, before human remains ; and (B) by striking or imprisoned not more than 12 months, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 5 years and inserting imprisoned not more than 10 years ; and (2) in subsection (b), by striking imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 5 years and inserting imprisoned not more than 10 years.", "id": "HF7C6AADD6F7B45058411C98B4282B514", "header": "Enhanced penalties for cultural heritage crimes" } ]

[ { "text": "1. Permitting local public agencies to act as medicaid enrollment brokers \nSection 1903(b)(4) of the Social Security Act ( 42 U.S.C. 1396b(b)(4) ) is amended by adding at the end the following new subparagraph: (C)(i) Subparagraphs (A) and (B) shall not apply in the case of a local public agency that is acting as an enrollment broker under a contract or memorandum with a State medicaid agency, provided the local public agency does not have a direct or indirect financial interest with any medicaid managed care plan for which it provides enrollment broker services. (ii) In determining whether a local public agency has a direct or indirect financial interest with a medicaid managed care plan under clause (i), the status of a local public agency as a contractor of the plan does not constitute having a direct or indirect financial interest with the plan..", "id": "H596C243ADF57467D932C691771861193", "header": "Permitting local public agencies to act as medicaid enrollment brokers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Improving Access to Assistive Technology for Individuals with Disabilities Act of 2004.", "id": "H895640DED82E46D300DD106FF4073E65", "header": "Short title" }, { "text": "2. Amendment to the Assistive Technology Act of 1998 \nThe Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings and purposes Sec. 3. Definitions Sec. 4. Grants to States for purchase of assistive technology devices and assistive technology services Sec. 5. Grants to States for protection and advocacy related to assistive technology Sec. 6. Administrative provisions Sec. 7. National activities Sec. 8. Authorization of appropriations 2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue meaningful careers; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (2) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (3) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology would have profound implications for individuals with disabilities in the United States. (4) Over the last 15 years, the Federal Government has invested in the development of statewide comprehensive systems to help individuals with disabilities gain access to assistive technology devices and services. This partnership with States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages with their assistive technology needs. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living, that significantly benefit individuals with disabilities of all ages. These devices and adaptations increase the involvement, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent living and functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. (6) Despite the success of the Federal-State partnership in providing access to assistive technology and services, there is a continued need to provide information about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize their independence and participation of individuals with disabilities in society. (b) Purposes \nThe purposes of this Act are— (1) to ensure that States provide assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals; and (2) to provide States with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions \nIn this Act: (1) Advocacy services \nThe term advocacy services , except as used as part of the term protection and advocacy services , means services provided to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology devices and assistive technology services. (2) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (3) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (4) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) services consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) services consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with disabilities, or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities. (5) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (6) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities, implemented by a State, and equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required. (7) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (8) Disability \nThe term disability means a condition of an individual that is considered to be a disability or handicap for the purposes of any Federal law other than this Act or for the purposes of the law of the State in which the individual resides. (9) Individual with a disability; individuals with disabilities \n(A) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities \nThe term individuals with disabilities means more than one individual with a disability. (10) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1141(a) ), and includes a community college receiving funding under the Tribally Controlled Community College Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (11) Protection and Advocacy services \nThe term protection and advocacy services means services that— (A) are described in part C of the Developmental Disabilities Assistance and Bill of Rights Act ( 42 U.S.C. 6041 et seq. ), the Protection and Advocacy for Mentally Ill Individuals Act of 1986 ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ; and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (12) Secretary \nThe term Secretary means the Secretary of Education. (13) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn sections 4(c) and 5(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (14) Targeted individuals \nThe term targeted individuals means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) individuals who work for public or private entities (including insurers or managed care providers), that have contact with individuals with disabilities; (C) educators and related services personnel; (D) technology experts (including engineers); (E) health and allied health professionals; (F) employers; and (G) other appropriate individuals and entities. (15) Technology-related assistance \nThe term technology-related assistance means assistance provided through capacity building and advocacy activities that accomplish the purposes described in any of subparagraphs (A) through (G) of section 2(b)(1). (16) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as persons who have low-incidence disabilities, persons who are minorities, poor persons, persons with limited-English proficiency, older individuals, or persons from rural areas. (17) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly usable (without requiring assistive technologies) and products and services that are made usable with assistive technologies. 4. Grants to States for purchase of assistive technology devices and assistive technology services \n(a) Grants to States \nThe Secretary shall award grants, in accordance with this section, to States to support programs that are designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. (b) Use of funds \n(1) In general \n(A) Required activity \nAny State that receives a grant under this section shall use the funds made available through the grant to carry out the activities described in paragraph (2)(A). (B) Discretionary activities \nAny State that receives a grant under this section may use the funds made available through the grant to carry out the activities described in subparagraphs (B), (C), or (D) of paragraph (2). (2) State-level activities \n(A) State finance systems \nThe State shall support activities to increase access to, and funding for, assistive technology devices and assistive technology services, including the development of systems to provide assistive technology devices and assistive technology services to individuals with disabilities of all ages, and that pay for such devices and services, such as— (i) the development of systems for the purchase, lease, other acquisition, or payment for the provision of assistive technology devices and assistive technology services; or (ii) the establishment of alternative State or privately funded systems of subsidies for the provision of assistive technology devices or assistive technology services, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; (IV) a loan guarantee or insurance program; (V) a program operated by a partnership among private entities for the purchase, lease, or other acquisition of assistive technology devices or assistive technology services; or (VI) another mechanism approved by the Secretary. (B) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that support the short-term loan of assistive technology devices to individuals, employers, public agencies, public accommodations, or others seeking to meet the needs of targeted individuals, in order to comply with the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, and section 504 of the Rehabilitation Act of 1973. (C) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, recycling, or other reutilization of assistive technology devices, which may include redistribution through device and equipment loans, rentals, or gifts. (D) Device demonstration program \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device demonstration programs that provide for the ability of targeted individuals to learn about the use and operation of assistive technology devices. (3) State leadership activities \n(A) In general \nAny State that receives a grant under this section may use up to 25 percent of the funds made available through the grant to carry out the activities described in subparagraph (B). (B) Required activities \nThe State shall support, including— (i) public awareness activities designed to provide information to targeted individuals relating to the availability and benefits of assistive technology devices and assistive technology services, including— (I) the development and dissemination of information relating to— (aa) the nature of assistive technology devices and assistive technology services; (bb) the appropriateness of, cost of, availability of, evaluation of, and access to, assistive technology devices and assistive technology services; and (cc) the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living; (II) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals, which may include partnerships with the State and local workforce investment system established under the Workforce Investment Act of 1998, State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; and (III) the development and dissemination, to targeted individuals, of information about State efforts related to assistive technology; and (IV) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) technical assistance and training on— (I) the development of training materials and the conduct of training in the use of assistive technology devices and assistive technology services; (II) providing technical assistance, including technical assistance concerning how— (aa) to consider the needs of an individual with a disability for assistive technology devices and assistive technology services in developing any individualized plan or program authorized under Federal or State law; and (bb) to increase consumer participation regarding assistive technology devices and assistive technology services; and (III) the enhancement of the assistive technology skills and competencies of— (aa) individuals who work for public or private entities (including insurers and managed care providers), who have contact with individuals with disabilities; (bb) educators and related services personnel; (cc) technology experts (including engineers); (dd) health and allied health professionals; (ee) employers; and (ff) other appropriate personnel; and (iii) outreach and support to statewide and community-based organizations that provide assistive technology devices and assistive technology services to individuals with disabilities or that assist individuals with disabilities in using assistive technology devices and assistive technology services, including a focus on organizations assisting individuals from underrepresented populations and rural populations, and further including support such as outreach to consumer organizations and groups in the State to coordinate efforts to assist individuals with disabilities of all ages and their family members, guardians, advocates, or authorized representatives, to obtain funding for, access to, and information on evaluation of assistive technology devices and assistive technology services. (C) Authorized activities \nThe State may support the operation and administration of the activities in paragraph (2), through interagency coordination to develop and promote the adoption of policies that improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State and that result in improved coordination among public and private entities that are responsible or have the authority to be responsible, for policies, procedures, or funding for, or the provision of assistive technology devices and assistive technology services to, such individuals. (c) Amount of financial assistance \n(1) Grants to outlying areas \nFrom the funds appropriated under section 8(a) and available under section 8(b)(3) for any fiscal year for grants under this section, the Secretary shall make a grant in an amount of not more than $105,000 to each eligible outlying area. (2) Grants to States \nFrom the funds described in paragraph (1) that are not used to make grants under paragraph (1), the Secretary shall make grants to States in accordance with the requirements described in paragraph (3). (3) Calculation of State grants \n(A) In general \nExcept as provided in subparagraph (B), the Secretary shall allocate funds to each State for a fiscal year in an amount that bears the same ratio as the population of the State bears to the population of all States. (B) Minimum allotment \nA State shall receive an amount under a grant for a fiscal year that is not less than the amount the State received under the grant provided under title I of this Act (as in effect on the day before the date of the enactment of the Improving Access to Assistive Technology for Individuals with Disabilities Act of 2004) for fiscal year 2004. (d) Lead agency \n(1) Designation \nTo be eligible to receive a grant under this section, the Governor of the State shall designate in accordance with paragraph (2) a lead agency to administer the grant under this section. (2) Eligible entities \nFor purposes of paragraph (1), the Governor of the State may designate one of the following: (A) the State agency responsible for the administration of vocational rehabilitation in the State; (B) a commission, council, or other official body appointed by the Governor; (C) a public-private partnership or consortium; (D) a public agency (including the office of the Governor, a State oversight office, a State agency, a public institution of higher education, or other public entity); (E) a council established under Federal or State law; (F) an organization described in section 501(c)(3) of Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Act; or (G) another appropriate office, agency, entity, or organization. (3) Duties of the lead agency \nThe duties of the lead agency shall include— (A) submitting the application described in subsection (e) on behalf of the State; (B) administering and supervising the use of amounts made available under the grant received by the State under this section; (C) (i) coordinating efforts related to, and supervising the preparation of, the application described in subsection (e); (ii) coordinating, maintaining, and evaluating the comprehensive statewide program of technology-related assistance among public agencies and between public agencies and private entities, including coordinating efforts related to entering into interagency agreements; and (iii) coordinating efforts, especially efforts carried out with entities that provide protection and advocacy services described in section 5, related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out under the grant; (D) delegating, in whole or in part, any responsibilities described in subparagraph (A), (B), or (C) to one or more appropriate offices, agencies, entities, or individuals; and (E) establishing a partnership or partnerships with private providers of social, medical, educational, employment, and transportation services to individuals with disabilities. (e) State application \n(1) Submission \nAny State that desires to receive a grant under this section shall submit to the Secretary an application at such time and in such manner as the Secretary may specify. (2) Content \nEach application shall contain, at a minimum, the following information: (A) Planned activities \nA description of those activities described in subsection (b)(2) that the State will carry out under the grant. (B) Measurable goals \nA description of— (i) the measurable goals the State has set for addressing the assistive technology needs of individuals with disabilities in the State, including any measurable goals related to— (I) education, including goals involving the provision of assistive technology to individuals with disabilities that receive services under the Individuals with Disabilities Education Act; (II) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ; (III) telecommunication and information technology; and (IV) community living; and (ii) how the State will quantifiably measure the goals to determine whether the goals have been achieved. (C) Involvement of individuals with disabilities of all ages and their families \nA description of how individuals with disabilities of all ages and their families— (i) were involved in selecting— (I) the goals; (II) the activities to be undertaken in achieving the goals; and (III) the measures to be used in judging if the goals have been achieved; and (ii) will be involved in measuring whether the goals have been achieved. (D) State support \nA description of those activities described in subsection (b)(2) that the State will support under the grant, including at a minimum the State’s plans to provide sufficient administrative support for such activities. (E) Assurance \nAn assurance that the physical location of the entity responsible for conducting the State activities under this Act meets the requirements of the Americans with Disabilities Act of 1990 regarding accessibility for individuals with disabilities. (F) Other information \nSuch other information as the Secretary may reasonably require. 5. Grants to States for Protection and Advocacy related to assistive technology \n(a) Grants to States \nThe Secretary shall make a grant to an entity in each State to support protection and advocacy services through the systems established to provide protection and advocacy services under the Developmental Disabilities Assistance and Bill of Rights Act ( 42 U.S.C. 6000 et seq. ) for the purposes of assisting in the acquisition, utilization, or maintenance of assistive technology or assistive technology services for individuals with disabilities. (b) Amount of financial assistance \n(1) Grants to outlying areas \nFrom the funds appropriated under section 8(a) and reserved under section 8(b)(1) for any fiscal year, the Secretary shall make a grant in an amount of not more than $30,000 to each eligible system within an outlying area. (2) Grants to States \nFor any fiscal year, after reserving funds to make grants under paragraph (1), the Secretary shall make allotments from the remainder of the funds described in paragraph (1) in accordance with paragraph (3) to eligible systems within States to support protection and advocacy services as described in subsection (a). The Secretary shall make grants to the eligible systems from the allotments. (3) Systems within States \n(A) Population basis \nExcept as provided in subparagraphs (B) and (C), from such remainder for each fiscal year, the Secretary shall make an allotment to the eligible system within a State of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. (B) Minimums \nSubject to the availability of appropriations to carry out this section, the allotment to any system under subparagraph (A) shall be not less than $50,000, and the allotment to any system under this paragraph for any fiscal year that is less than $50,000 shall be increased to $50,000. (4) Reallotment \nWhenever the Secretary determines that any amount of an allotment under paragraph (3) to a system within a State for any fiscal year will not be expended by such system in carrying out the provisions of this section, the Secretary shall make such amount available for carrying out the provisions of this section to one or more of the systems that the Secretary determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year. (c) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; and (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency. (d) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency the report described in subsection (c) and quarterly updates concerning the activities described in subsection (c). (e) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State designated under section 4(d) with respect to efforts at coordination, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Administrative provisions \n(a) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants pursuant to this Act are complying with the applicable requirements of this Act and achieving the measurable goals that are consistent with the requirements of the grant programs under which the entities applied for the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (c). (b) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity fails to substantially comply with the requirements of this Act with respect to a grant program, the Secretary shall assist the entity through technical assistance funded under section 7 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nAn entity that fails to develop and comply with a corrective action plan as described in paragraph (1) during a fiscal year shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete withholding of funds under the grant program until such plan is developed and implemented. (B) Reduction in funding for the following year under the grant program. (C) Required redesignation of the lead agency designated under section 4(d) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are found to be in noncompliance with the requirements of this Act. (4) Secretarial actions \nThe Secretary shall notify the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of each action taken by the Secretary under paragraph (1) or (2). As part of the annual report required under subsection (c), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, through publication in the Federal Register and by posting on the Internet website of the Department of Education, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (c) Annual report \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents \nSuch report shall include information on— (A) the type of alternative financing mechanisms used by each State and the community-based organization with which each State entered into a contract, under the program; (B) the amount and type of assistance given to consumers (who shall be classified by age, type of disability, type of assistive technology device or assistive technology service financed through the program, geographic distribution within the State, gender, and whether the consumers are part of an underrepresented population or rural population), including— (i) the number of applications for assistance received; (ii) the number of applications approved and rejected; (iii) the default rate; (iv) the range and average interest rate; (v) the range and average income of approved loan applicants; and (vi) the types and dollar amounts of assistive technology financed; (C) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accomodations, including an analysis of the individuals with disabilities who have benefited from the device loan program; (D) the number, type, estimated value, and scope of device reutilization programs, including an analysis of the individuals with disabilities that have benefited from the device loan program; (E) the number and type of equipment demonstrations provided, including an analysis of individuals with disabilities who have benefited from the program; (F) a summary of the State plans and annual reports submitted by the States, including an analysis of the progress of the States in meeting their goals established in the State application; (G) the number of individuals who received training and the topics of such training; and (H) the frequency and nature of technical assistance provided to State and local governmental agencies and other entities. (d) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or a State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 7. National activities \n(a) In general \nThrough grants, contracts, or cooperative agreements, awarded on a competitive basis, the Secretary is authorized to provide technical assistance to entities, principally entities funded under section 4 or 5. (b) Input \nIn designing the program to be funded under this section, and in deciding the differences in function between national and regionally based technical assistance efforts carried out through the program, the Secretary shall consider the input of the directors of comprehensive statewide programs of technology-related assistance and other individuals the Secretary determines to be appropriate, especially— (1) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (2) family members, guardians, advocates, and authorized representatives of such individuals; and (3) individuals employed by protection and advocacy systems funded under section 5. (c) Authorized activities \nThe Secretary shall support activities designed to maximize the impact and benefit of assistive technology devices and assistive technology services for individuals with disabilities, including the following activities: (1) National Public Internet Site \n(A) Establishment of Internet site \nThe Secretary shall fund the establishment and maintenance of a National Public Internet Site for the purposes of providing to individuals with disabilities and the general public technical assistance and information on increased access to assistive technology devices, assistive technology services, and other disability-related resources. (B) Eligible entity \nTo be eligible to receive a grant or enter into a contract or cooperative agreement under subsection (a) to establish and maintain the Internet site, an entity shall be an institution of higher education that emphasizes research and engineering, has a multidisciplinary research center, and has demonstrated expertise in— (i) working with assistive technology and intelligent agent interactive information dissemination systems; (ii) managing libraries of assistive technology and disability-related resources; (iii) delivering education, information, and referral services to individuals with disabilities, including technology-based curriculum development services for adults with low-level reading skills; (iv) developing cooperative partnerships with the private sector, particularly with private sector computer software, hardware, and Internet services entities; and (v) developing and designing advanced Internet sites. (C) Features of Internet site \nThe National Public Internet Site described in subparagraph (A) shall contain the following features: (i) Availability of information at any time \nThe site shall be designed so that any member of the public may obtain information posted on the site at any time. (ii) Innovative automated intelligent agent \nThe site shall be constructed with an innovative automated intelligent agent that is a diagnostic tool for assisting users in problem definition and the selection of appropriate assistive technology devices and assistive technology services resources. (iii) Resources \n(I) Library on assistive technology \nThe site shall include access to a comprehensive working library on assistive technology for all environments, including home, workplace, transportation, and other environments. (II) Resources for a number of disabilities \nThe site shall include resources relating to the largest possible number of disabilities, including resources relating to low-level reading skills. (iv) Links to private sector resources and information \nTo the extent feasible, the site shall be linked to relevant private sector resources and information, under agreements developed between the institution of higher education and cooperating private sector entities. (D) Minimum library components \nAt a minimum, the Internet site shall maintain updated information on— (i) how to plan, develop, implement, and evaluate activities to further extend comprehensive statewide programs of technology-related assistance, including the development and replication of effective approaches to— (I) providing information and referral services; (II) promoting interagency coordination of training and service delivery among public and private entities; (III) conducting outreach to underrepresented populations and rural populations; (IV) mounting successful public awareness activities; (V) improving capacity building in service delivery; (VI) training personnel from a variety of disciplines; and (VII) improving evaluation strategies, research, and data collection; (ii) effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; (iii) successful approaches to increasing the availability of public and private funding for and access to the provision of assistive technology devices and assistive technology services by appropriate State agencies; and (iv) demonstration sites where individuals may try out assistive technology. (2) Technical assistance efforts \nThe Secretary shall, on a competitive basis, make grants to, or enter into cooperative agreements with, eligible entities— (A) to address State-specific information requests concerning assistive technology from other entities funded under this Act and public entities not funded under this Act, including— (i) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (ii) requests for examples of policies, practices, procedures, regulations, or judidical decisions that have enhanced or may enhance access to funding for assistive technology devices and assistive technology services for individuals with disabilities; (iii) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (iv) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; (v) other requests for technical assistance from other entities funded under this Act and public entities not funded under this Act; and (vi) other assignments specified by the Secretary, including assisting entities described in section 6(b) to develop corrective action plans; and (B) to assist targeted individuals by disseminating information about— (i) Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services, to promote fuller independence, productivity, and inclusion in society for individuals with disabilities of all ages; and (ii) technical assistance activities undertaken under subparagraph (A). (d) Eligible entities \nTo be eligible to compete for grants, contracts, and cooperative agreements under this section, entities shall have documented experience with and expertise in assistive technology service delivery or systems, interagency coordination, and capacity building and advocacy activities. (e) Application \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 8. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2005 through 2010. (b) Allocation of Funds \nOf the amount appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year— (1) up to $4,419,000 shall be reserved to provide grants under section 5; (2) up to $1,235,000 shall be reserved to provide grants under section 7; and (3) the remainder shall be used to provide grants under section (4)..", "id": "H991B23D1D2084772BAC3E6BCDC7529AF", "header": "Amendment to the Assistive Technology Act of 1998" }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings and purposes Sec. 3. Definitions Sec. 4. Grants to States for purchase of assistive technology devices and assistive technology services Sec. 5. Grants to States for protection and advocacy related to assistive technology Sec. 6. Administrative provisions Sec. 7. National activities Sec. 8. Authorization of appropriations", "id": "H6C010DD201FC401798E701845695F2B3", "header": "Short title; table of contents" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue meaningful careers; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (2) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (3) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology would have profound implications for individuals with disabilities in the United States. (4) Over the last 15 years, the Federal Government has invested in the development of statewide comprehensive systems to help individuals with disabilities gain access to assistive technology devices and services. This partnership with States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages with their assistive technology needs. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living, that significantly benefit individuals with disabilities of all ages. These devices and adaptations increase the involvement, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent living and functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. (6) Despite the success of the Federal-State partnership in providing access to assistive technology and services, there is a continued need to provide information about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize their independence and participation of individuals with disabilities in society. (b) Purposes \nThe purposes of this Act are— (1) to ensure that States provide assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals; and (2) to provide States with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.", "id": "H6B24A688AA7D4176AEDC2BF7D6E38DA", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act: (1) Advocacy services \nThe term advocacy services , except as used as part of the term protection and advocacy services , means services provided to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology devices and assistive technology services. (2) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (3) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (4) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) services consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) services consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with disabilities, or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities. (5) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (6) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities, implemented by a State, and equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required. (7) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (8) Disability \nThe term disability means a condition of an individual that is considered to be a disability or handicap for the purposes of any Federal law other than this Act or for the purposes of the law of the State in which the individual resides. (9) Individual with a disability; individuals with disabilities \n(A) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities \nThe term individuals with disabilities means more than one individual with a disability. (10) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1141(a) ), and includes a community college receiving funding under the Tribally Controlled Community College Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (11) Protection and Advocacy services \nThe term protection and advocacy services means services that— (A) are described in part C of the Developmental Disabilities Assistance and Bill of Rights Act ( 42 U.S.C. 6041 et seq. ), the Protection and Advocacy for Mentally Ill Individuals Act of 1986 ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ; and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (12) Secretary \nThe term Secretary means the Secretary of Education. (13) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn sections 4(c) and 5(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (14) Targeted individuals \nThe term targeted individuals means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) individuals who work for public or private entities (including insurers or managed care providers), that have contact with individuals with disabilities; (C) educators and related services personnel; (D) technology experts (including engineers); (E) health and allied health professionals; (F) employers; and (G) other appropriate individuals and entities. (15) Technology-related assistance \nThe term technology-related assistance means assistance provided through capacity building and advocacy activities that accomplish the purposes described in any of subparagraphs (A) through (G) of section 2(b)(1). (16) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as persons who have low-incidence disabilities, persons who are minorities, poor persons, persons with limited-English proficiency, older individuals, or persons from rural areas. (17) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly usable (without requiring assistive technologies) and products and services that are made usable with assistive technologies.", "id": "H0FAAA275EB0246038382065E51A65810", "header": "Definitions" }, { "text": "4. Grants to States for purchase of assistive technology devices and assistive technology services \n(a) Grants to States \nThe Secretary shall award grants, in accordance with this section, to States to support programs that are designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. (b) Use of funds \n(1) In general \n(A) Required activity \nAny State that receives a grant under this section shall use the funds made available through the grant to carry out the activities described in paragraph (2)(A). (B) Discretionary activities \nAny State that receives a grant under this section may use the funds made available through the grant to carry out the activities described in subparagraphs (B), (C), or (D) of paragraph (2). (2) State-level activities \n(A) State finance systems \nThe State shall support activities to increase access to, and funding for, assistive technology devices and assistive technology services, including the development of systems to provide assistive technology devices and assistive technology services to individuals with disabilities of all ages, and that pay for such devices and services, such as— (i) the development of systems for the purchase, lease, other acquisition, or payment for the provision of assistive technology devices and assistive technology services; or (ii) the establishment of alternative State or privately funded systems of subsidies for the provision of assistive technology devices or assistive technology services, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; (IV) a loan guarantee or insurance program; (V) a program operated by a partnership among private entities for the purchase, lease, or other acquisition of assistive technology devices or assistive technology services; or (VI) another mechanism approved by the Secretary. (B) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that support the short-term loan of assistive technology devices to individuals, employers, public agencies, public accommodations, or others seeking to meet the needs of targeted individuals, in order to comply with the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, and section 504 of the Rehabilitation Act of 1973. (C) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, recycling, or other reutilization of assistive technology devices, which may include redistribution through device and equipment loans, rentals, or gifts. (D) Device demonstration program \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device demonstration programs that provide for the ability of targeted individuals to learn about the use and operation of assistive technology devices. (3) State leadership activities \n(A) In general \nAny State that receives a grant under this section may use up to 25 percent of the funds made available through the grant to carry out the activities described in subparagraph (B). (B) Required activities \nThe State shall support, including— (i) public awareness activities designed to provide information to targeted individuals relating to the availability and benefits of assistive technology devices and assistive technology services, including— (I) the development and dissemination of information relating to— (aa) the nature of assistive technology devices and assistive technology services; (bb) the appropriateness of, cost of, availability of, evaluation of, and access to, assistive technology devices and assistive technology services; and (cc) the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living; (II) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals, which may include partnerships with the State and local workforce investment system established under the Workforce Investment Act of 1998, State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; and (III) the development and dissemination, to targeted individuals, of information about State efforts related to assistive technology; and (IV) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) technical assistance and training on— (I) the development of training materials and the conduct of training in the use of assistive technology devices and assistive technology services; (II) providing technical assistance, including technical assistance concerning how— (aa) to consider the needs of an individual with a disability for assistive technology devices and assistive technology services in developing any individualized plan or program authorized under Federal or State law; and (bb) to increase consumer participation regarding assistive technology devices and assistive technology services; and (III) the enhancement of the assistive technology skills and competencies of— (aa) individuals who work for public or private entities (including insurers and managed care providers), who have contact with individuals with disabilities; (bb) educators and related services personnel; (cc) technology experts (including engineers); (dd) health and allied health professionals; (ee) employers; and (ff) other appropriate personnel; and (iii) outreach and support to statewide and community-based organizations that provide assistive technology devices and assistive technology services to individuals with disabilities or that assist individuals with disabilities in using assistive technology devices and assistive technology services, including a focus on organizations assisting individuals from underrepresented populations and rural populations, and further including support such as outreach to consumer organizations and groups in the State to coordinate efforts to assist individuals with disabilities of all ages and their family members, guardians, advocates, or authorized representatives, to obtain funding for, access to, and information on evaluation of assistive technology devices and assistive technology services. (C) Authorized activities \nThe State may support the operation and administration of the activities in paragraph (2), through interagency coordination to develop and promote the adoption of policies that improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State and that result in improved coordination among public and private entities that are responsible or have the authority to be responsible, for policies, procedures, or funding for, or the provision of assistive technology devices and assistive technology services to, such individuals. (c) Amount of financial assistance \n(1) Grants to outlying areas \nFrom the funds appropriated under section 8(a) and available under section 8(b)(3) for any fiscal year for grants under this section, the Secretary shall make a grant in an amount of not more than $105,000 to each eligible outlying area. (2) Grants to States \nFrom the funds described in paragraph (1) that are not used to make grants under paragraph (1), the Secretary shall make grants to States in accordance with the requirements described in paragraph (3). (3) Calculation of State grants \n(A) In general \nExcept as provided in subparagraph (B), the Secretary shall allocate funds to each State for a fiscal year in an amount that bears the same ratio as the population of the State bears to the population of all States. (B) Minimum allotment \nA State shall receive an amount under a grant for a fiscal year that is not less than the amount the State received under the grant provided under title I of this Act (as in effect on the day before the date of the enactment of the Improving Access to Assistive Technology for Individuals with Disabilities Act of 2004) for fiscal year 2004. (d) Lead agency \n(1) Designation \nTo be eligible to receive a grant under this section, the Governor of the State shall designate in accordance with paragraph (2) a lead agency to administer the grant under this section. (2) Eligible entities \nFor purposes of paragraph (1), the Governor of the State may designate one of the following: (A) the State agency responsible for the administration of vocational rehabilitation in the State; (B) a commission, council, or other official body appointed by the Governor; (C) a public-private partnership or consortium; (D) a public agency (including the office of the Governor, a State oversight office, a State agency, a public institution of higher education, or other public entity); (E) a council established under Federal or State law; (F) an organization described in section 501(c)(3) of Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Act; or (G) another appropriate office, agency, entity, or organization. (3) Duties of the lead agency \nThe duties of the lead agency shall include— (A) submitting the application described in subsection (e) on behalf of the State; (B) administering and supervising the use of amounts made available under the grant received by the State under this section; (C) (i) coordinating efforts related to, and supervising the preparation of, the application described in subsection (e); (ii) coordinating, maintaining, and evaluating the comprehensive statewide program of technology-related assistance among public agencies and between public agencies and private entities, including coordinating efforts related to entering into interagency agreements; and (iii) coordinating efforts, especially efforts carried out with entities that provide protection and advocacy services described in section 5, related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out under the grant; (D) delegating, in whole or in part, any responsibilities described in subparagraph (A), (B), or (C) to one or more appropriate offices, agencies, entities, or individuals; and (E) establishing a partnership or partnerships with private providers of social, medical, educational, employment, and transportation services to individuals with disabilities. (e) State application \n(1) Submission \nAny State that desires to receive a grant under this section shall submit to the Secretary an application at such time and in such manner as the Secretary may specify. (2) Content \nEach application shall contain, at a minimum, the following information: (A) Planned activities \nA description of those activities described in subsection (b)(2) that the State will carry out under the grant. (B) Measurable goals \nA description of— (i) the measurable goals the State has set for addressing the assistive technology needs of individuals with disabilities in the State, including any measurable goals related to— (I) education, including goals involving the provision of assistive technology to individuals with disabilities that receive services under the Individuals with Disabilities Education Act; (II) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ; (III) telecommunication and information technology; and (IV) community living; and (ii) how the State will quantifiably measure the goals to determine whether the goals have been achieved. (C) Involvement of individuals with disabilities of all ages and their families \nA description of how individuals with disabilities of all ages and their families— (i) were involved in selecting— (I) the goals; (II) the activities to be undertaken in achieving the goals; and (III) the measures to be used in judging if the goals have been achieved; and (ii) will be involved in measuring whether the goals have been achieved. (D) State support \nA description of those activities described in subsection (b)(2) that the State will support under the grant, including at a minimum the State’s plans to provide sufficient administrative support for such activities. (E) Assurance \nAn assurance that the physical location of the entity responsible for conducting the State activities under this Act meets the requirements of the Americans with Disabilities Act of 1990 regarding accessibility for individuals with disabilities. (F) Other information \nSuch other information as the Secretary may reasonably require.", "id": "HC0DDA232C9A54F029113CBF67D415B2", "header": "Grants to States for purchase of assistive technology devices and assistive technology services" }, { "text": "5. Grants to States for Protection and Advocacy related to assistive technology \n(a) Grants to States \nThe Secretary shall make a grant to an entity in each State to support protection and advocacy services through the systems established to provide protection and advocacy services under the Developmental Disabilities Assistance and Bill of Rights Act ( 42 U.S.C. 6000 et seq. ) for the purposes of assisting in the acquisition, utilization, or maintenance of assistive technology or assistive technology services for individuals with disabilities. (b) Amount of financial assistance \n(1) Grants to outlying areas \nFrom the funds appropriated under section 8(a) and reserved under section 8(b)(1) for any fiscal year, the Secretary shall make a grant in an amount of not more than $30,000 to each eligible system within an outlying area. (2) Grants to States \nFor any fiscal year, after reserving funds to make grants under paragraph (1), the Secretary shall make allotments from the remainder of the funds described in paragraph (1) in accordance with paragraph (3) to eligible systems within States to support protection and advocacy services as described in subsection (a). The Secretary shall make grants to the eligible systems from the allotments. (3) Systems within States \n(A) Population basis \nExcept as provided in subparagraphs (B) and (C), from such remainder for each fiscal year, the Secretary shall make an allotment to the eligible system within a State of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. (B) Minimums \nSubject to the availability of appropriations to carry out this section, the allotment to any system under subparagraph (A) shall be not less than $50,000, and the allotment to any system under this paragraph for any fiscal year that is less than $50,000 shall be increased to $50,000. (4) Reallotment \nWhenever the Secretary determines that any amount of an allotment under paragraph (3) to a system within a State for any fiscal year will not be expended by such system in carrying out the provisions of this section, the Secretary shall make such amount available for carrying out the provisions of this section to one or more of the systems that the Secretary determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year. (c) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; and (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency. (d) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency the report described in subsection (c) and quarterly updates concerning the activities described in subsection (c). (e) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State designated under section 4(d) with respect to efforts at coordination, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section.", "id": "H866B592ACC744259A037981BD7A65238", "header": "Grants to States for Protection and Advocacy related to assistive technology" }, { "text": "6. Administrative provisions \n(a) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants pursuant to this Act are complying with the applicable requirements of this Act and achieving the measurable goals that are consistent with the requirements of the grant programs under which the entities applied for the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (c). (b) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity fails to substantially comply with the requirements of this Act with respect to a grant program, the Secretary shall assist the entity through technical assistance funded under section 7 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nAn entity that fails to develop and comply with a corrective action plan as described in paragraph (1) during a fiscal year shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete withholding of funds under the grant program until such plan is developed and implemented. (B) Reduction in funding for the following year under the grant program. (C) Required redesignation of the lead agency designated under section 4(d) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are found to be in noncompliance with the requirements of this Act. (4) Secretarial actions \nThe Secretary shall notify the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of each action taken by the Secretary under paragraph (1) or (2). As part of the annual report required under subsection (c), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, through publication in the Federal Register and by posting on the Internet website of the Department of Education, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (c) Annual report \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents \nSuch report shall include information on— (A) the type of alternative financing mechanisms used by each State and the community-based organization with which each State entered into a contract, under the program; (B) the amount and type of assistance given to consumers (who shall be classified by age, type of disability, type of assistive technology device or assistive technology service financed through the program, geographic distribution within the State, gender, and whether the consumers are part of an underrepresented population or rural population), including— (i) the number of applications for assistance received; (ii) the number of applications approved and rejected; (iii) the default rate; (iv) the range and average interest rate; (v) the range and average income of approved loan applicants; and (vi) the types and dollar amounts of assistive technology financed; (C) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accomodations, including an analysis of the individuals with disabilities who have benefited from the device loan program; (D) the number, type, estimated value, and scope of device reutilization programs, including an analysis of the individuals with disabilities that have benefited from the device loan program; (E) the number and type of equipment demonstrations provided, including an analysis of individuals with disabilities who have benefited from the program; (F) a summary of the State plans and annual reports submitted by the States, including an analysis of the progress of the States in meeting their goals established in the State application; (G) the number of individuals who received training and the topics of such training; and (H) the frequency and nature of technical assistance provided to State and local governmental agencies and other entities. (d) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or a State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.", "id": "HE9AE6F16A4264DDDA1C413DC63008204", "header": "Administrative provisions" }, { "text": "7. National activities \n(a) In general \nThrough grants, contracts, or cooperative agreements, awarded on a competitive basis, the Secretary is authorized to provide technical assistance to entities, principally entities funded under section 4 or 5. (b) Input \nIn designing the program to be funded under this section, and in deciding the differences in function between national and regionally based technical assistance efforts carried out through the program, the Secretary shall consider the input of the directors of comprehensive statewide programs of technology-related assistance and other individuals the Secretary determines to be appropriate, especially— (1) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (2) family members, guardians, advocates, and authorized representatives of such individuals; and (3) individuals employed by protection and advocacy systems funded under section 5. (c) Authorized activities \nThe Secretary shall support activities designed to maximize the impact and benefit of assistive technology devices and assistive technology services for individuals with disabilities, including the following activities: (1) National Public Internet Site \n(A) Establishment of Internet site \nThe Secretary shall fund the establishment and maintenance of a National Public Internet Site for the purposes of providing to individuals with disabilities and the general public technical assistance and information on increased access to assistive technology devices, assistive technology services, and other disability-related resources. (B) Eligible entity \nTo be eligible to receive a grant or enter into a contract or cooperative agreement under subsection (a) to establish and maintain the Internet site, an entity shall be an institution of higher education that emphasizes research and engineering, has a multidisciplinary research center, and has demonstrated expertise in— (i) working with assistive technology and intelligent agent interactive information dissemination systems; (ii) managing libraries of assistive technology and disability-related resources; (iii) delivering education, information, and referral services to individuals with disabilities, including technology-based curriculum development services for adults with low-level reading skills; (iv) developing cooperative partnerships with the private sector, particularly with private sector computer software, hardware, and Internet services entities; and (v) developing and designing advanced Internet sites. (C) Features of Internet site \nThe National Public Internet Site described in subparagraph (A) shall contain the following features: (i) Availability of information at any time \nThe site shall be designed so that any member of the public may obtain information posted on the site at any time. (ii) Innovative automated intelligent agent \nThe site shall be constructed with an innovative automated intelligent agent that is a diagnostic tool for assisting users in problem definition and the selection of appropriate assistive technology devices and assistive technology services resources. (iii) Resources \n(I) Library on assistive technology \nThe site shall include access to a comprehensive working library on assistive technology for all environments, including home, workplace, transportation, and other environments. (II) Resources for a number of disabilities \nThe site shall include resources relating to the largest possible number of disabilities, including resources relating to low-level reading skills. (iv) Links to private sector resources and information \nTo the extent feasible, the site shall be linked to relevant private sector resources and information, under agreements developed between the institution of higher education and cooperating private sector entities. (D) Minimum library components \nAt a minimum, the Internet site shall maintain updated information on— (i) how to plan, develop, implement, and evaluate activities to further extend comprehensive statewide programs of technology-related assistance, including the development and replication of effective approaches to— (I) providing information and referral services; (II) promoting interagency coordination of training and service delivery among public and private entities; (III) conducting outreach to underrepresented populations and rural populations; (IV) mounting successful public awareness activities; (V) improving capacity building in service delivery; (VI) training personnel from a variety of disciplines; and (VII) improving evaluation strategies, research, and data collection; (ii) effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; (iii) successful approaches to increasing the availability of public and private funding for and access to the provision of assistive technology devices and assistive technology services by appropriate State agencies; and (iv) demonstration sites where individuals may try out assistive technology. (2) Technical assistance efforts \nThe Secretary shall, on a competitive basis, make grants to, or enter into cooperative agreements with, eligible entities— (A) to address State-specific information requests concerning assistive technology from other entities funded under this Act and public entities not funded under this Act, including— (i) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (ii) requests for examples of policies, practices, procedures, regulations, or judidical decisions that have enhanced or may enhance access to funding for assistive technology devices and assistive technology services for individuals with disabilities; (iii) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (iv) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; (v) other requests for technical assistance from other entities funded under this Act and public entities not funded under this Act; and (vi) other assignments specified by the Secretary, including assisting entities described in section 6(b) to develop corrective action plans; and (B) to assist targeted individuals by disseminating information about— (i) Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services, to promote fuller independence, productivity, and inclusion in society for individuals with disabilities of all ages; and (ii) technical assistance activities undertaken under subparagraph (A). (d) Eligible entities \nTo be eligible to compete for grants, contracts, and cooperative agreements under this section, entities shall have documented experience with and expertise in assistive technology service delivery or systems, interagency coordination, and capacity building and advocacy activities. (e) Application \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "HDC113D45249E47E786C0D037A83BF641", "header": "National activities" }, { "text": "8. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2005 through 2010. (b) Allocation of Funds \nOf the amount appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year— (1) up to $4,419,000 shall be reserved to provide grants under section 5; (2) up to $1,235,000 shall be reserved to provide grants under section 7; and (3) the remainder shall be used to provide grants under section (4).", "id": "HCE183D77320B42C1009EDADD4CDFB03D", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Universal Service Antideficiency Suspension Act.", "id": "HE8FCA9BB545048B5A78722ECB82B7361", "header": "Short title" }, { "text": "2. Application of certain title 31 provisions to universal service fund \n(a) In general \nDuring the period beginning on the date of enactment of this Act and ending on December 31, 2005, section 1341 and subchapter II of chapter 15 of title 31, United States Code, do not apply— (1) to any amount collected or received as Federal universal service contributions required by section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ), including any interest earned on such contributions; nor (2) to the expenditure or obligation of amounts attributable to such contributions for universal service support programs established pursuant to that section. (b) Post-2005 fulfillment of protected obligations \nSection 1341 and subchapter II of chapter 15 of title 31, United States Code, do not apply after December 31, 2005, to an expenditure or obligation described in subsection (a)(2) made or authorized during the period described in subsection (a).", "id": "H2A407AF7E0D9400098C5008277A98194", "header": "Application of certain title 31 provisions to universal service fund" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Terrorism Insurance Backstop Extension Act of 2004.", "id": "H6A925F4CFF51421E8F02A07200D92193", "header": "Short title" }, { "text": "2. Extension of terrorism insurance program \n(a) Program years 4 and 5 \nParagraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs: (E) Program year 4 \nThe term Program Year 4 means the period beginning on January 1, 2006 and ending on December 31, 2006. (F) Program year 5 \nThe term Program Year 5 means the period beginning on January 1, 2007 and ending on December 31, 2007.. (b) Insurer deductible \nParagraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) by redesignating subparagraph (E) as subparagraph (G); (2) in subparagraph (D), by striking and at the end; (3) by inserting after subparagraph (D) the following new subparagraphs: (E) for Program Year 4, the value of an insurer’s direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 15 percent; (F) for Program Year 5, the value of an insurer’s direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 20 percent; and ; and (4) in subparagraph (G) (as so redesignated by paragraph (1) of this subsection)— (A) by striking (D) and inserting (F) ; and (B) by striking or Program Year 3 and inserting Program Year 3, Program Year 4, or Program Year 5. (c) Mandatory availability \nSubsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following: (c) Mandatory availability \nDuring the Program, each entity that meets the definition of an insurer under section 102— ; (2) by striking paragraph (2); and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin. (d) Insured loss shared compensation \nSubsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) in paragraph (2)(A), by striking or Program Year 3 and inserting , Program Year 3, Program Year 4, or Program Year 5 ; (2) in paragraph (3), by striking or Program Year 3 and inserting , Program Year 3, Program Year 4, or Program Year 5 ; (3) in paragraph (6)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (D) for Program Year 4, the lesser of— (i) $17,500,000,000; and (ii) the aggregate amount, for all insurers, of insured losses during such Program Year; and (E) for Program Year 5, the lesser of— (i) $20,000,000,000; and (ii) the aggregate amount, for all insurers, of insured losses during such Program Year. ; and (4) in paragraph (7)— (A) in subparagraph (A), by striking and (C) and inserting (C), (D), and (E) ; and (B) in subparagraphs (B) and (C), by striking or (C) each place such term appears and inserting (C), (D), or (E). (e) Group life insurance determination \nSubsection (h) of section 103 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) in paragraph (2)(B), by striking the study under paragraph (1) and inserting paragraphs (1) and (2) ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) Determination \nBy June 1, 2005, the Secretary shall— (A) submit a report to the Congress on conditions and developments in the market for group life insurance since the determination that was announced by the Secretary on August 15, 2003, and made pursuant to this subsection (as in effect on such date); and (B) make a final determination as to the availability of group life insurance to both insurers and consumers and whether the provisions of this title shall be applied, pursuant to paragraph (3), to providers of group life insurance.. (f) Study on long-term solutions \nSection 103 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking subsection (i) and inserting the following new subsection: (i) Study on long-term solutions \nBy June 1, 2005, the Secretary shall conduct a study and submit a report to the Congress on alternatives for expanding the availability and affordability of terrorism insurance after the termination of the Program that do not involve a Federal financial backstop.. (g) Termination of program \nSubsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking December 31, 2005 and inserting December 31, 2007.", "id": "HC019BAB9D2494BC2A6D0F7FC82081900", "header": "Extension of terrorism insurance program" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Voter Citizenship Verification Act.", "id": "HB73F3FF008D74A4E87CABB5FD4A4055E", "header": "Short Title" }, { "text": "2. Proof of Citizenship Required For Voter Registration \n(a) In General \nSection 9(b) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(b) ) is amended— (1) in paragraph (1), by striking may require and inserting consistent with paragraph (5), may require ; (2) by striking and at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ; and ; and (4) by adding at the end the following new paragraph: (5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, which may not include a motor vehicle driver’s license unless the State issuing the license required the applicant to provide proof of the applicant’s United States citizenship as a condition of receiving the license.. (b) Effective Date \nThe amendments made by subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.", "id": "HE052783E9FA5478EA4E5587A388BE00", "header": "Proof of Citizenship Required For Voter Registration" }, { "text": "3. Proof of Citizenship Required for Casting Ballot \n(a) In General \nSection 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e); and (2) by inserting after subsection (b) the following new subsection: (c) Requiring Proof of Citizenship at Polling Place \n(1) Individuals voting in person \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a photographic copy of any document which provides proof that the individual is a citizen of the United States. (2) Individuals voting by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a photographic copy of any document which provides proof that the individual is a citizen of the United States. (3) Exception for individuals with proof of citizenship on file with election official \nParagraphs (1) and (2) shall not apply in the case of an individual who, at the time the individual applied to register to vote in Federal elections in the State involved, provided the appropriate State election official with a photographic copy of a document which provided proof that the individual is a citizen of the United States. (4) Treatment of driver’s licenses \nFor purposes of this subsection, a motor vehicle driver’s license shall not be treated as a document which provides proof that the individual to whom the license is issued is a citizen of the United States unless the State issuing the license required the individual to provide proof of the individual’s United States citizenship as a condition of receiving the license.. (b) Conforming Amendment \nSection 303 of such Act ( 42 U.S.C. 15483 ) is amended in the heading by striking for voters who register by mail and inserting for preventing voting fraud. (c) Clerical Amendment \nThe table of contents of such Act is amended by amending the item relating to section 303 to read as follows: Sec. 303. Computerized statewide voter registration list requirements and requirements for preventing voting fraud. (d) Effective Date \nSection 303(e) of such Act ( 42 U.S.C. 15483(e) ), as redesignated by subsection (a)(1), is amended by adding at the end the following new paragraph: (3) Proof of citizenship \nSubsection (c) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office..", "id": "H04E3EA642FE94F32B1C10034D5ECD05", "header": "Proof of Citizenship Required for Casting Ballot" } ]

[ { "text": "1. Demonstration project on priorities in scheduling of Appointments of veterans for health care through the Department of Veterans Affairs \n(a) Project required \nThe Secretary of Veterans Affairs shall carry out a demonstration project to assess the feasibility and advisability of providing for priorities in the scheduling of appointments of veterans for health care through the Department of Veterans Affairs in accordance with the following: (1) The Department of Veterans Affairs Waiting Time for Appointments goals (30–30–20) of 2000. (2) The provisions of the Veterans Health Administration directive entitled Priority For Outpatient Medical Services and Inpatient Hospital Care (VHA Directive 2002–059). (3) The provisions of the Veterans Health Administration directive entitled Priority Scheduling for Outpatient Medical Services and Inpatient Hospital Care for Service Connected Veterans (VHA Directive 2003–062), dated October 23, 2003. (b) Period of project \nThe Secretary shall carry out the demonstration project under subsection (a) during the two-year period beginning on October 1, 2004. (c) Locations of project \n(1) The Secretary shall carry out the demonstration project under subsection (a) throughout each of three Veterans Integrated Service Networks (VISNs) selected by the Secretary for purposes of the project. (2) In selecting Veterans Integrated Service Networks under paragraph (1), the Secretary shall ensure that the demonstration project is carried out in an urban area, a rural area, and a highly rural area. (d) Project requirements and authorities \n(1) Except as provided in paragraphs (2) and (3), in carrying out the demonstration project under subsection (a) the Secretary shall schedule appointments for veterans for outpatient medical services and inpatient hospital care through the Department in accordance with the goals and directives referred to in subsection (a). (2) The veterans covered by the demonstration project shall include any veteran residing in a Veterans Integrated Service Network covered by the project, whether a new or current enrollee with the Department, and including veterans with service-connected disabilities and veterans with non-service-connected disabilities. (3) The Secretary shall schedule each appointment under the demonstration project in a Department facility unless, as determined by the Secretary— (A) the cost of scheduling the appointment in a Department facility exceeds the cost of scheduling the appointment in a non-Department facility to an unreasonable degree; or (B) the scheduling of the appointment in a non-Department facility is required for medical or other reasons. (4) In carrying out the demonstration project, the Secretary may utilize the Preferred Pricing Program (PPP) of the Department, or similar programs or authorities, in the locations covered by the project. (5) In this subsection, the terms Department facility and non-Department facility have the meaning given those terms in section 1701 of title 38, United States Code.", "id": "HEB45CE003644436292359CF09E446069", "header": "Demonstration project on priorities in scheduling of Appointments of veterans for health care through the Department of Veterans Affairs" }, { "text": "2. Annual report on waiting times for appointments for care and services \n(a) In General \nNot later than January 31 each year, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the waiting times of veterans for appointments for health care and services from the Department during the preceding year. (b) Matters to be included \nEach report under subsection (a) shall specify, for the year covered by the report, the following: (1) A tabulation of the waiting time of veterans for appointments with the Department for each category of primary or specialty care or services furnished by the Department, displayed by particular Department facility and by Veterans Integrated Service Network. (2) An identification of the categories of specialty care or services for which there are lengthy delays for appointments at particular Department facilities or throughout particular Veterans Integrated Service Networks, and, for each category so identified, recommendations for the reallocation of personnel, financial, and other resources to address such delays. (c) Report on demonstration project \nThe report under subsection (a) for 2006 (to be submitted not later than January 31, 2007) shall include information on the demonstration project carried out under section 1. That information shall include— (1) a description of the conduct of the project, including the Veterans Integrated Service Networks selected for the project, the number of veterans covered by the project, the number and timeliness of appointments scheduled under the project, and the costs of carrying out the project; (2) an assessment of the feasibility and advisability of implementing the project nationwide; and (3) such other information with respect to the project as the Secretary considers appropriate.", "id": "H41D367D4A7C246639D308F62A332C474", "header": "Annual report on waiting times for appointments for care and services" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American-Owned Property in Occupied Cyprus Claims Act.", "id": "H57CCB1785745400EB6BC6B3E46A17B45", "header": "Short title" }, { "text": "2. International Claims Settlement Act \nThe International Claims Settlement Act of 1949 ( 22 U.S.C. 1621 et seq. ) is amended by adding at the end the following new title: VIII Claims against Turkey \n801. Purpose \nThe purpose of this title is to provide for the determination of the validity and amounts of claims against Turkey which arise out of the continued exclusion of nationals of the United States from property they own that is located in those portions of the territory of Cyprus which Turkey occupies. This title shall not be construed as authorizing or as any intention to authorize an appropriation by the United States for the purpose of paying such claims. 802. Definitions \nAs used in this title— (1) the term claimant means any national of the United States who files a claim under this title. (2) the term Claims Fund means the special fund established in the Treasury of the United States composed of such sums as may be paid to or realized by the United States pursuant to the terms of any agreement settling those claims described in section 804 that may be entered into between the Governments of the United States and Turkey; (3) the term Commission means the Foreign Claims Settlement Commission of the United States; (4) the term Cyprus means the Republic of Cyprus; (5) the term national of the United States means— (A) a natural person who is a citizen of the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 percent or more of the outstanding capital stock or other beneficial interest of such corporation or entity; (6) the term property means any real property, or any right, or interest in real property, including any lease owned under the laws of Cyprus and located in those portions of the territory of Cyprus that are occupied by Turkey; (7) the term Turkey means— (A) the Republic of Turkey; (B) any agent of the Government of Turkey, or any unincorporated association that purports to discharge any function of a nation-state under the auspices of the Government of Turkey, including, but not limited to, the unincorporated association known as the Turkish Republic of Northern Cyprus ; and (C) any political subdivision, agency, or instrumentality of Turkey, including, but not limited to, the Turkish Armed Forces; and (D) any organization that purports to be a political subdivision, agency, or instrumentality of the unincorporated association known as the Turkish Republic of Northern Cyprus. 803. Commencement of negotiations by the Secretary of State \nThe President is urged to authorize the Secretary of State to commence negotiations with Turkey and to continue such negotiations until an agreement is reached with respect to the payment by Turkey of claims certified under section 807. The Commission shall receive claims, determine the validity of claims, and make awards under section 804 as of the effective date of this title without regard to whether or not the President authorizes the Secretary of State to commence such negotiations and without regard to whether or not the Secretary of State commences such negotiations if authorized. 804. Receipt and determination of claims \n(a) Determination of claims \nThe Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims by nationals of the United States against Turkey arising on or after July 20, 1974, for the fair rental market value of the use and continued occupation by Turkey of property located in the territory of Cyprus which— (1) is owned by such nationals under the laws of Cyprus, and (2) at the time the exclusion from or occupation of the property began, was owned, under the laws of Cyprus, wholly or partially, directly or indirectly, by nationals of the United States, to the extent restoration or adequate compensation for such use and occupation has not been made. (b) Rights in property retained \nA claimant shall not be required or deemed, either directly or indirectly, to transfer, waive, or otherwise forfeit any right of ownership in or to the property that the claimant owns under the laws of Cyprus as a condition of or as the result of filing a claim under this title, having the claim determined, or accepting an award based on the claim. (c) Submission of claims \nAny claim under subsection (a) may not be considered unless it is submitted to the Commission within the period specified by the Commission by notice published in the Federal Register within 60 days after the date of the enactment of this title or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this title, whichever date is later. The period specified by the Commission shall not be more than a period of 24 consecutive calendar months beginning on the last day of the month in which the notice is published. 805. Ownership of claims \nA claim may be favorably considered under section 804— (1) only if the property right on which the claim is based was owned, wholly or partially, directly or indirectly, by a national of the United States under the laws of Cyprus on the date on which the exclusion from or occupation of the property began; and (2) only to the extent that the claim has been held by one or more nationals of the United States continuously from that date until the date the claim is filed with the Commission. 806. Offsets \nIn determining the amount of any claim under this title, the Commission shall deduct all amounts the claimant has received from any source on account of the same loss or losses for which the claim is filed. 807. Certification; assigned claims \n(a) Certification of claims \n(1) To the claimant \nThe Commission shall certify to each claimant who files a claim under this title— (A) the amount determined by the Commission to be the loss suffered by the claimant which is covered by this title; and (B) if, on the date on which the certification under subparagraph (A) is made, Turkey is excluding the claimant from the claimant’s property, a mathematical basis determined by the Commission for calculating the loss suffered by the claimant for the continued use and occupation of the property by Turkey after the date of the award. (2) To the Secretary of State \nThe Commission shall certify to the Secretary of State— (A) the amount of each claim certified under paragraph (1)(A); (B) any mathematical basis certified under paragraph (1)(B) in connection with that claim; and (C) a statement of the evidence relied upon and the reasoning employed in making the Commission’s determination of the amount referred to in subparagraph (A) and the mathematical basis referred to in subparagraph (B). (b) Assigned claims \nIn any case in which a claim under this title is assigned by purchase before the Commission determines the amount due on that claim, the amount so determined shall not exceed the amount of actual consideration paid by the last such assignee. 808. Consolidated awards \nWith respect to any claim under section 804 which, at the time of the award, is vested in persons other than the person by whom the original loss was sustained, the Commission shall issue a consolidated award in favor of all claimants then entitled to the award. The award shall indicate the respective interests of such claimants in the award, and all such claimants shall participate, in proportion to their indicated interests, in any payments that may be made under this title in all respects as if the award had been in favor of a single person. 809. Claims Fund \n(a) Establishment \nThe Secretary of the Treasury may establish in the Treasury of the United States the Claims Fund for the payment of unsatisfied claims of nationals of the United States against Turkey, as authorized by this title. (b) Deduction for administrative expenses \nThe Secretary of the Treasury shall deduct from any amounts covered into the Claims Fund an amount equal to 5 percent thereof as reimbursement to the Government of the United States for expenses incurred by the Commission and by the Department of the Treasury in the administration of this title. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. 810. Award payment procedures \n(a) Certification of awards to Secretary of the Treasury \nThe Commission shall certify to the Secretary of the Treasury, in terms of United States currency, each award made pursuant to section 804. (b) Payment of awards \n(1) Principal amounts \nUpon certification of each award made under section 804, the Secretary of the Treasury shall, out of the sums covered into the Claims Fund, make payments on account of such awards as follows, and in the following order of priority: (A) Payment in the amount of $5,000 or the principal amount of the award (excluding any calculations made under any mathematical basis certified under section 807(a)(1)(B)), whichever is less. (B) Thereafter, payments from time to time, in ratable proportions, on account of the unpaid balance of the principal amounts of all awards (including any calculations made under any mathematical basis certified under section 807(a)(1)(B)) according to the proportions which the unpaid balance of such awards bear to the total amount in the Claims Fund available for distribution at the time such payments are made. (2) Subsequent payments \nAfter payment has been made in full of the principal amounts of all awards pursuant to paragraph (1), pro rata payments may be made on account of any interest that may be allowed on such awards. (c) Regulations \nPayments or applications for payments under subsection (b) shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe. 811. Settlement period \nThe Commission shall complete its affairs in connection with the settlement of claims under this title not later than 3 years after the final date for the filing of claims as provided in section 804. 812. Transfer of records \nThe Secretary of State, the Secretary of the Treasury, and the Secretary of Defense shall transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this title as may be required by the Commission in carrying out its functions under this title. 813. Authorization of appropriations \nThere are authorized to be appropriated for any fiscal year beginning on or after October 1, 2004, such sums as may be necessary to enable the Commission and the Department of the Treasury to pay their respective administrative expenses incurred in carrying out their functions under this title. Amounts appropriated under this section may remain available until expended. 814. Fees for services \n(a) Limitation on fees \n(1) Limitation \nNo remuneration on account of services rendered on behalf of any claimant, in connection with any claim filed with the Commission under this title, may exceed 10 percent of the total amount paid pursuant to any award certified under the provisions of this title on account of such claim. (2) Notification of agreements \nAny agreement contrary to the limitation set forth in paragraph (1) shall be unlawful and void. (b) Penalty for violation \nWhoever, in the United States or elsewhere, demands or receives, on account of services rendered to which paragraph (1) applies, any remuneration in excess of the maximum permitted by subsection (a), shall be fined not more than $5,000, or imprisoned not more than 12 months, or both. 815. Application of other provisions \n(a) In general \nTo the extent they are not inconsistent with the provisions of this title, the following provisions of title I of this Act shall apply to this title: subsections (b), (c), (d), (e), and (h) of section 4 and subsections (c), (d), (e), and (f) of section 7. Any reference in such provisions to this title shall be deemed to be a reference to those provisions and to this title. (b) Applicability of administrative procedure \nExcept as otherwise provided in this title and in those provisions of title I referred to in subsection (a), the Commission shall comply with the provisions of subchapter II of chapter 5, and the provisions of chapter 7, of title 5, United States Code. 816. Separability \nIf any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title or the application of such provision to other persons or circumstances shall not be affected..", "id": "HFDB511AE68AF477796E574FFCFD2FC5B", "header": "International Claims Settlement Act" }, { "text": "801. Purpose \nThe purpose of this title is to provide for the determination of the validity and amounts of claims against Turkey which arise out of the continued exclusion of nationals of the United States from property they own that is located in those portions of the territory of Cyprus which Turkey occupies. This title shall not be construed as authorizing or as any intention to authorize an appropriation by the United States for the purpose of paying such claims.", "id": "H4E06504D14D4401DB50700756C3428AE", "header": "Purpose" }, { "text": "802. Definitions \nAs used in this title— (1) the term claimant means any national of the United States who files a claim under this title. (2) the term Claims Fund means the special fund established in the Treasury of the United States composed of such sums as may be paid to or realized by the United States pursuant to the terms of any agreement settling those claims described in section 804 that may be entered into between the Governments of the United States and Turkey; (3) the term Commission means the Foreign Claims Settlement Commission of the United States; (4) the term Cyprus means the Republic of Cyprus; (5) the term national of the United States means— (A) a natural person who is a citizen of the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 percent or more of the outstanding capital stock or other beneficial interest of such corporation or entity; (6) the term property means any real property, or any right, or interest in real property, including any lease owned under the laws of Cyprus and located in those portions of the territory of Cyprus that are occupied by Turkey; (7) the term Turkey means— (A) the Republic of Turkey; (B) any agent of the Government of Turkey, or any unincorporated association that purports to discharge any function of a nation-state under the auspices of the Government of Turkey, including, but not limited to, the unincorporated association known as the Turkish Republic of Northern Cyprus ; and (C) any political subdivision, agency, or instrumentality of Turkey, including, but not limited to, the Turkish Armed Forces; and (D) any organization that purports to be a political subdivision, agency, or instrumentality of the unincorporated association known as the Turkish Republic of Northern Cyprus.", "id": "HCCDCDFD5867C498990B2A05368B7D2D", "header": "Definitions" }, { "text": "803. Commencement of negotiations by the Secretary of State \nThe President is urged to authorize the Secretary of State to commence negotiations with Turkey and to continue such negotiations until an agreement is reached with respect to the payment by Turkey of claims certified under section 807. The Commission shall receive claims, determine the validity of claims, and make awards under section 804 as of the effective date of this title without regard to whether or not the President authorizes the Secretary of State to commence such negotiations and without regard to whether or not the Secretary of State commences such negotiations if authorized.", "id": "HAD317F54B0734366AA33C6E64904F994", "header": "Commencement of negotiations by the Secretary of State" }, { "text": "804. Receipt and determination of claims \n(a) Determination of claims \nThe Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims by nationals of the United States against Turkey arising on or after July 20, 1974, for the fair rental market value of the use and continued occupation by Turkey of property located in the territory of Cyprus which— (1) is owned by such nationals under the laws of Cyprus, and (2) at the time the exclusion from or occupation of the property began, was owned, under the laws of Cyprus, wholly or partially, directly or indirectly, by nationals of the United States, to the extent restoration or adequate compensation for such use and occupation has not been made. (b) Rights in property retained \nA claimant shall not be required or deemed, either directly or indirectly, to transfer, waive, or otherwise forfeit any right of ownership in or to the property that the claimant owns under the laws of Cyprus as a condition of or as the result of filing a claim under this title, having the claim determined, or accepting an award based on the claim. (c) Submission of claims \nAny claim under subsection (a) may not be considered unless it is submitted to the Commission within the period specified by the Commission by notice published in the Federal Register within 60 days after the date of the enactment of this title or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this title, whichever date is later. The period specified by the Commission shall not be more than a period of 24 consecutive calendar months beginning on the last day of the month in which the notice is published.", "id": "HB1C0B71FE132435E86EAEFFF2DD69FCC", "header": "Receipt and determination of claims" }, { "text": "805. Ownership of claims \nA claim may be favorably considered under section 804— (1) only if the property right on which the claim is based was owned, wholly or partially, directly or indirectly, by a national of the United States under the laws of Cyprus on the date on which the exclusion from or occupation of the property began; and (2) only to the extent that the claim has been held by one or more nationals of the United States continuously from that date until the date the claim is filed with the Commission.", "id": "H047AE9BA7E8E477AADCBE957CCE5D38", "header": "Ownership of claims" }, { "text": "806. Offsets \nIn determining the amount of any claim under this title, the Commission shall deduct all amounts the claimant has received from any source on account of the same loss or losses for which the claim is filed.", "id": "H183D54D838A449D3BDB052B8489257BB", "header": "Offsets" }, { "text": "807. Certification; assigned claims \n(a) Certification of claims \n(1) To the claimant \nThe Commission shall certify to each claimant who files a claim under this title— (A) the amount determined by the Commission to be the loss suffered by the claimant which is covered by this title; and (B) if, on the date on which the certification under subparagraph (A) is made, Turkey is excluding the claimant from the claimant’s property, a mathematical basis determined by the Commission for calculating the loss suffered by the claimant for the continued use and occupation of the property by Turkey after the date of the award. (2) To the Secretary of State \nThe Commission shall certify to the Secretary of State— (A) the amount of each claim certified under paragraph (1)(A); (B) any mathematical basis certified under paragraph (1)(B) in connection with that claim; and (C) a statement of the evidence relied upon and the reasoning employed in making the Commission’s determination of the amount referred to in subparagraph (A) and the mathematical basis referred to in subparagraph (B). (b) Assigned claims \nIn any case in which a claim under this title is assigned by purchase before the Commission determines the amount due on that claim, the amount so determined shall not exceed the amount of actual consideration paid by the last such assignee.", "id": "H5A23BCA113D4401884A73522C7EF210", "header": "Certification; assigned claims" }, { "text": "808. Consolidated awards \nWith respect to any claim under section 804 which, at the time of the award, is vested in persons other than the person by whom the original loss was sustained, the Commission shall issue a consolidated award in favor of all claimants then entitled to the award. The award shall indicate the respective interests of such claimants in the award, and all such claimants shall participate, in proportion to their indicated interests, in any payments that may be made under this title in all respects as if the award had been in favor of a single person.", "id": "H0AEDC6AE12F645858D35E1F0E47E4451", "header": "Consolidated awards" }, { "text": "809. Claims Fund \n(a) Establishment \nThe Secretary of the Treasury may establish in the Treasury of the United States the Claims Fund for the payment of unsatisfied claims of nationals of the United States against Turkey, as authorized by this title. (b) Deduction for administrative expenses \nThe Secretary of the Treasury shall deduct from any amounts covered into the Claims Fund an amount equal to 5 percent thereof as reimbursement to the Government of the United States for expenses incurred by the Commission and by the Department of the Treasury in the administration of this title. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts.", "id": "H42806E94C58B4428A18C46E65EACC623", "header": "Claims Fund" }, { "text": "810. Award payment procedures \n(a) Certification of awards to Secretary of the Treasury \nThe Commission shall certify to the Secretary of the Treasury, in terms of United States currency, each award made pursuant to section 804. (b) Payment of awards \n(1) Principal amounts \nUpon certification of each award made under section 804, the Secretary of the Treasury shall, out of the sums covered into the Claims Fund, make payments on account of such awards as follows, and in the following order of priority: (A) Payment in the amount of $5,000 or the principal amount of the award (excluding any calculations made under any mathematical basis certified under section 807(a)(1)(B)), whichever is less. (B) Thereafter, payments from time to time, in ratable proportions, on account of the unpaid balance of the principal amounts of all awards (including any calculations made under any mathematical basis certified under section 807(a)(1)(B)) according to the proportions which the unpaid balance of such awards bear to the total amount in the Claims Fund available for distribution at the time such payments are made. (2) Subsequent payments \nAfter payment has been made in full of the principal amounts of all awards pursuant to paragraph (1), pro rata payments may be made on account of any interest that may be allowed on such awards. (c) Regulations \nPayments or applications for payments under subsection (b) shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe.", "id": "H092F686D9B324D96B02D146EB4002C86", "header": "Award payment procedures" }, { "text": "811. Settlement period \nThe Commission shall complete its affairs in connection with the settlement of claims under this title not later than 3 years after the final date for the filing of claims as provided in section 804.", "id": "HD1D0D1A645D34E358FEABF3495D7634E", "header": "Settlement period" }, { "text": "812. Transfer of records \nThe Secretary of State, the Secretary of the Treasury, and the Secretary of Defense shall transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this title as may be required by the Commission in carrying out its functions under this title.", "id": "H4D5C1539A5B747E4B11451C516DB84F0", "header": "Transfer of records" }, { "text": "813. Authorization of appropriations \nThere are authorized to be appropriated for any fiscal year beginning on or after October 1, 2004, such sums as may be necessary to enable the Commission and the Department of the Treasury to pay their respective administrative expenses incurred in carrying out their functions under this title. Amounts appropriated under this section may remain available until expended.", "id": "H083F92475665446EA91E7C738F35F6E9", "header": "Authorization of appropriations" }, { "text": "814. Fees for services \n(a) Limitation on fees \n(1) Limitation \nNo remuneration on account of services rendered on behalf of any claimant, in connection with any claim filed with the Commission under this title, may exceed 10 percent of the total amount paid pursuant to any award certified under the provisions of this title on account of such claim. (2) Notification of agreements \nAny agreement contrary to the limitation set forth in paragraph (1) shall be unlawful and void. (b) Penalty for violation \nWhoever, in the United States or elsewhere, demands or receives, on account of services rendered to which paragraph (1) applies, any remuneration in excess of the maximum permitted by subsection (a), shall be fined not more than $5,000, or imprisoned not more than 12 months, or both.", "id": "H2249B771DBC84E2281AF00BF4BC8FD27", "header": "Fees for services" }, { "text": "815. Application of other provisions \n(a) In general \nTo the extent they are not inconsistent with the provisions of this title, the following provisions of title I of this Act shall apply to this title: subsections (b), (c), (d), (e), and (h) of section 4 and subsections (c), (d), (e), and (f) of section 7. Any reference in such provisions to this title shall be deemed to be a reference to those provisions and to this title. (b) Applicability of administrative procedure \nExcept as otherwise provided in this title and in those provisions of title I referred to in subsection (a), the Commission shall comply with the provisions of subchapter II of chapter 5, and the provisions of chapter 7, of title 5, United States Code.", "id": "HAE053553EE96496AB31215F1E768F632", "header": "Application of other provisions" }, { "text": "816. Separability \nIf any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title or the application of such provision to other persons or circumstances shall not be affected.", "id": "H499FB35D4B724DF2BDD3D74EE6999179", "header": "Separability" }, { "text": "3. Jurisdiction of U.S. district courts \n(a) In general \nChapter 85 of title 28, United States Code, is amended by adding at the end the following new section: 1370. Civil actions against private persons by nationals of the United States who own real property in Cyprus \n(a) In general \nThe district courts shall have original jurisdiction of any civil action brought by a national of the United States— (1) who holds title to any property under the laws of Cyprus that is located in that portion of the territory of Cyprus that is occupied by Turkey as the result of the invasion of Cyprus by Turkey on July 20, 1974, and (2) who has been excluded from the property by reason of such occupation, against any private person who for any purpose and in any way uses, occupies, or benefits from that property at any time during the period of such exclusion, for the fair rental value of the property during the period of such use, occupation, or benefit. (b) Definitions \nAs used in this section— (1) the term Cyprus means the Republic of Cyprus; (2) the term national of the United States means— (A) a natural person who is a citizen of the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 percent or more of the outstanding capital stock or other beneficial interest of such corporation or entity; (3) the term private person means any natural person or legal entity other than Turkey; (4) the term property means any real property or any right or interest in any real property, including any lease to which a national of the United States holds title under the laws of Cyprus; and (5) the term Turkey means— (A) the Republic of Turkey; (B) any agent of the Government of Turkey, or any unincorporated association that purports to discharge any function of a nation-state under the auspices of the Government of Turkey, including, but not limited to, the unincorporated association known as the Turkish Republic of Northern Cyprus ; (C) any political subdivision, agency, or instrumentality of the Republic of Turkey, including but not limited to the Turkish Armed Forces; and (D) any organization that purports to be a political subdivision, agency, or instrumentality of the unincorporated association known as the Turkish Republic of Northern Cyprus ; (c) Special rules \nIn any civil action brought under this section— (1) process shall be deemed served if service is accomplished in any manner provided under this title; (2) the district court shall not consider the doctrine of forum non conveniens and shall refuse to hear any motion or request by any person or party that the civil action be dismissed on the grounds of forum non conveniens; (3) in determining whether the person or party asserting the civil action has lawful title, the district court shall apply only the laws of Cyprus in making that determination; (4) in determining the amount of any award in the civil action, the district court shall consider only evidence of the fair rental market value of the property for the period of occupation, use, or benefit by the person against whom the action is brought, as that value would have been calculated in Cyprus if the plaintiff had not been excluded from the property; and (5) the court shall deduct the amount of any award paid to the plaintiff under title VIII of the International Claims Settlement Act of 1949, or the amount of any judgment for the plaintiff under section 5 of the American-Owned Property in Occupied Cyprus Claims Act on account of the same use, occupation, or benefit that is the basis of the action under this section. (d) Limitation of action \nAny civil action against a private person under this section may not be brought later than 36 consecutive calendar months after the last day of the month in which the private person ceases to use, occupy, or benefit from the property. This subsection applies in lieu of section 1658 of this title.. (b) Conforming amendment \nThe table of sections for chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: 1370. Civil actions against private persons by nationals of the United States who own real property in Cyprus.", "id": "H63325B91166F463F909700F4A544623F", "header": "Jurisdiction of U.S. district courts" }, { "text": "1370. Civil actions against private persons by nationals of the United States who own real property in Cyprus \n(a) In general \nThe district courts shall have original jurisdiction of any civil action brought by a national of the United States— (1) who holds title to any property under the laws of Cyprus that is located in that portion of the territory of Cyprus that is occupied by Turkey as the result of the invasion of Cyprus by Turkey on July 20, 1974, and (2) who has been excluded from the property by reason of such occupation, against any private person who for any purpose and in any way uses, occupies, or benefits from that property at any time during the period of such exclusion, for the fair rental value of the property during the period of such use, occupation, or benefit. (b) Definitions \nAs used in this section— (1) the term Cyprus means the Republic of Cyprus; (2) the term national of the United States means— (A) a natural person who is a citizen of the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 percent or more of the outstanding capital stock or other beneficial interest of such corporation or entity; (3) the term private person means any natural person or legal entity other than Turkey; (4) the term property means any real property or any right or interest in any real property, including any lease to which a national of the United States holds title under the laws of Cyprus; and (5) the term Turkey means— (A) the Republic of Turkey; (B) any agent of the Government of Turkey, or any unincorporated association that purports to discharge any function of a nation-state under the auspices of the Government of Turkey, including, but not limited to, the unincorporated association known as the Turkish Republic of Northern Cyprus ; (C) any political subdivision, agency, or instrumentality of the Republic of Turkey, including but not limited to the Turkish Armed Forces; and (D) any organization that purports to be a political subdivision, agency, or instrumentality of the unincorporated association known as the Turkish Republic of Northern Cyprus ; (c) Special rules \nIn any civil action brought under this section— (1) process shall be deemed served if service is accomplished in any manner provided under this title; (2) the district court shall not consider the doctrine of forum non conveniens and shall refuse to hear any motion or request by any person or party that the civil action be dismissed on the grounds of forum non conveniens; (3) in determining whether the person or party asserting the civil action has lawful title, the district court shall apply only the laws of Cyprus in making that determination; (4) in determining the amount of any award in the civil action, the district court shall consider only evidence of the fair rental market value of the property for the period of occupation, use, or benefit by the person against whom the action is brought, as that value would have been calculated in Cyprus if the plaintiff had not been excluded from the property; and (5) the court shall deduct the amount of any award paid to the plaintiff under title VIII of the International Claims Settlement Act of 1949, or the amount of any judgment for the plaintiff under section 5 of the American-Owned Property in Occupied Cyprus Claims Act on account of the same use, occupation, or benefit that is the basis of the action under this section. (d) Limitation of action \nAny civil action against a private person under this section may not be brought later than 36 consecutive calendar months after the last day of the month in which the private person ceases to use, occupy, or benefit from the property. This subsection applies in lieu of section 1658 of this title.", "id": "H84D85CAF8173467D82DEDAFE54702583", "header": "Civil actions against private persons by nationals of the United States who own real property in Cyprus" }, { "text": "4. Venue \n(a) In general \nChapter 87 of title 28, United States Code, is amended by adding at the end the following new section: 1408. Venue for civil actions against private persons brought by nationals of the United States who own real property in Cyprus \nA civil action under section 1370 may be brought only in the United States District Court for the District of Columbia and the United States District Court for the Southern District of New York.. (b) Conforming amendment \nThe table of sections for chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: 1408. Venue for civil actions against private persons brought by nationals of the United States who own real property in Cyprus.", "id": "HD91CCD29B1E544D681AC61D08B00E62D", "header": "Venue" }, { "text": "1408. Venue for civil actions against private persons brought by nationals of the United States who own real property in Cyprus \nA civil action under section 1370 may be brought only in the United States District Court for the District of Columbia and the United States District Court for the Southern District of New York.", "id": "HB2D3C9F17F0F4294A8044DC1236BFB00", "header": "Venue for civil actions against private persons brought by nationals of the United States who own real property in Cyprus" }, { "text": "5. Action against Turkish Government \n(a) Jurisdiction of U.S. courts \nThe Government of Turkey shall not be immune from the jurisdiction of the courts of the United States or of the States in any case in which— (1) rights in property of a national of the United States that is occupied by the Government of Turkey in violation of international law are in issue; and (2) that property or any property exchanged for such property— (A) is present in the United States in connection with a commercial activity carried on by the Government of Turkey in the United States; or (B) is owned or operated by an agency or instrumentality of the Government of Turkey and that agency or instrumentality— (i) is engaged in a commercial activity in the United States; or (ii) purchases or otherwise acquires any good or service for which the approval, authorization, or consent of the United States is required by law, by the President, or by any department, agency, or instrumentality of the United States Government. (b) Applicability of and relationship to foreign sovereign immunities Act \n(1) Applicability \nThe provisions of chapter 97 of title 28, United States Code, apply to a civil action brought under subsection (a) as if the action were brought under such chapter. (2) Assertion of independent jurisdiction \nThe jurisdiction conferred by subsection (a) is in addition to any jurisdiction conferred by chapter 97 of title 28, United States Code. (c) Deductions of other awards \nIn any action brought under subsection (a), the court shall deduct from the amount of any judgment the amount of any award paid to the plaintiff under title VIII of the International Claims Settlement Act of 1949, or the amount of any judgment for the plaintiff under section 1370 of title 28, United States Code, on account of the same subject matter that is the basis of the action under this section. (d) Definitions \nIn this section— (1) the term Government of Turkey includes all the entities described in subparagraphs (B), (C), and (D) of section 802(7) of the International Claims Settlement Act of 1949; (2) the term agency or instrumentality of the Government of Turkey means any of the entities described in subparagraphs (B), (C), and (D) of section 802(7) of the International Claims Settlement Act of 1949; (3) the term court of the United States has the meaning given that term in section 451 of title 28, United States Code; and (4) the terms national of the United States and property have the meanings given those terms in section 802 of the International Claims Settlement Act of 1949.", "id": "H282D6785CD1A438EA861CC806C00005C", "header": "Action against Turkish Government" }, { "text": "6. Effective date \nThis Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.", "id": "H5741446A5AFB4EEA87D35EBE473D5971", "header": "Effective date" } ]

[ { "text": "1. Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs \n(a) In General \nChapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2015. United States nationals: agreement to become citizen before completion of precommissioning program.", "id": "HE2034D151AB7468CAD7B1BEF27CEF3E", "header": "Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs" }, { "text": "2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).", "id": "HF617ED4E27E54A429DAF0058933D6D49", "header": "United States nationals: agreement to become citizen before completion of precommissioning program" } ]

[ { "text": "1. Contributions to the Thrift Savings Fund \n(a) Elimination of provisions limiting election opportunities \nSection 8432(b) of title 5, United States Code, is amended— (1) by striking paragraphs (2), (3), and (4); (2) by redesignating paragraph (1)(A) as paragraph (1) and paragraph (1)(B) as paragraph (2); (3) in paragraph (1) (as so redesignated), by striking shall be afforded a reasonable period every 6 months and inserting shall, in any pay period, be allowed ; and (4) in paragraph (2) (as so redesignated), by striking subparagraph (A) (or any election allowable by virtue of paragraph (4)) and inserting paragraph (1). (b) Simplification of provisions relating to agency automatic 1 percent contributions generally \nSection 8432(c)(1) of title 5, United States Code, is amended— (1) by striking (c)(1)(A) and inserting (c)(1) ; (2) by striking subparagraphs (B) and (C); and (3) by striking At the time and all that follows through the employing agency and inserting At the time prescribed by the Executive Director in regulations, but no later than 12 days after the end of each pay period that applies with respect to an employee or Member, the employing agency. (c) Simplification of provisions relating to agency matching contributions generally \nSection 8432(c)(2) of title 5, United States Code, is amended by striking subparagraph (C). (d) Elimination of obsolete provisions relating to certain makeup 1 percent contributions \nSection 8432 of title 5, United States Code, is amended— (1) by striking paragraph (3) of subsection (c); and (2) by striking the second sentence of subsection (d).", "id": "HB17619F87B884DB18272C1B79C8C961F", "header": "Contributions to the Thrift Savings Fund" }, { "text": "2. Technical and conforming amendments \n(a) Provisions relating to retroactive USERRA makeup contributions \nSection 8432(i) of title 5, United States Code, is amended— (1) in paragraph (1)(B), by striking all that follows as referred to in and inserting section 8432b(b)(2)(B)), is eligible to make an election described in subsection (b)(1). ; and (2) in paragraph (2), by striking all that follows would be allowable and inserting under subsection (b).. (b) Provisions relating to timely dissemination of information \nSection 8439(c)(2) of title 5, United States Code, is amended— (1) in the first sentence, by striking at least 30 calendar days before the beginning of each election period under section 8432(b)(1)(A) of this title, and ; and (2) by striking the second sentence. (c) Provisions relating to certain groups of participants \n(1) Civilian personnel \nSections 8351, 8440a, 8440b, 8440c, and 8440d of title 5, United States Code, are each amended in subsection (a)— (A) by striking paragraph (2); and (B) by striking (a)(1) and inserting (a). (2) Members of the uniformed services \nSection 8440e of title 5, United States Code, is amended in subsection (b)— (A) by striking paragraph (2); and (B) by striking (b)(1) and inserting (b).", "id": "H673E4D7D58A54E8C000629AB00F98700", "header": "Technical and conforming amendments" }, { "text": "3. Effective date; savings provisions \n(a) Effective date \nThis Act shall take effect as of such date as the Executive Director may by regulation prescribe, but in no event later than 1 year after the date of the enactment of this Act. (b) Savings provisions \nThe Executive Director shall prescribe regulations to ensure that provisions comparable to those repealed by subsections (b)(2), (c), and (d) of section 1 remain in effect for as long as necessary so that no person will be denied any benefit for which such person would have been eligible had those provisions not been so repealed. (c) Definition \nFor purposes of this section, the term Executive Director means the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474 of title 5, United States Code.", "id": "H66DB0ADE380E42939FBC8720C8D81200", "header": "Effective date; savings provisions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Job Retention and Creation Act of 2004.", "id": "H4423EFC30A224D96898D3EFEEC18ABF9", "header": "Short title" }, { "text": "2. Assistant Secretary of Commerce for Job Retention and Creation \n(a) Establishment \n(1) In general \nThere shall be in the Department of Commerce, in addition to the Assistant Secretaries of Commerce provided by law as of the date of enactment of this Act, one additional Assistant Secretary of Commerce, to be known as the Assistant Secretary of Commerce for Job Retention and Creation, who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; and (B) be compensated at the rate of pay provided for under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Conforming amendment \nSection 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of Commerce (11) and inserting Assistant Secretaries of Commerce (12). (3) Deadline for appointment \nThe appointment of the Assistant Secretary of Commerce for Job Retention and Creation shall be made no later than 1 year after the date of the enactment of this Act. (b) Duties \nThe Assistant Secretary of Commerce for Job Retention and Creation shall— (1) gather and maintain information about economic development assistance, including the type of assistance available, eligibility requirements, and application procedures; (2) make the information publicly available; (3) establish and maintain a searchable Internet site providing public access to the information gathered and maintained by the office; and (4) perform other such duties as the Secretary of Commerce may prescribe. (c) Other departments and agencies \nEach Federal department and agency responsible for economic development assistance, as identified by the Assistant Secretary of Commerce for Job Retention and Creation, shall provide the Secretary with information required to be gathered and maintained under subsection (a) with respect to the economic development assistance for which it is responsible. (d) Economic development assistance \nThe term economic development assistance means any Federal assistance available for economic development within the United States which is identified by the Assistant Secretary of Commerce for Job Retention and Creation for the purposes of this Act.", "id": "H65BBBAA1B0F64E83B086CE45A263CBEB", "header": "Assistant Secretary of Commerce for Job Retention and Creation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Comprehensive Peace in Sudan Act.", "id": "H6F0CFAAC96B4456F813787ACA0D4BBB3", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) JEM \nThe term JEM means the Justice and Equality Movement. (3) SPLM \nThe term SPLM means the Sudan People’s Liberation Movement. (4) SLA \nThe term SLA means the Sudan Liberation Army. (5) Government of sudan \nThe term Government of Sudan means the National Islamic Front government in Khartoum, Sudan, or any successor government formed on or after the date of the enactment of this Act (other than the coalition government agreed upon in the Nairobi Declaration on the Final Phase of Peace in the Sudan).", "id": "HB949C8BF115F4011ACB9E111F35E5379", "header": "Definitions" }, { "text": "3. Findings \nCongress makes the following findings: (1) Since seizing power through a military coup in 1989, the Government of Sudan has repeatedly attacked and dislocated civilian populations in southern Sudan in a coordinated policy of ethnic cleansing that cost the lives of over 2,000,000 people and displaced more than 4,000,000 people. (2) The Governments of the United States, the United Kingdom, and Norway have each committed significant resources to promote an internationally supported peace process between the Government of Sudan and the Sudan People’s Liberation Movement (SPLM), under the auspices of the Inter-Governmental Authority on Development. (3) Following the signing of the Machakos Agreement in July 2002, the Government of Sudan and the SPLM reached a number of important agreements on issues such as self-determination, security arrangements, and wealth and power sharing, culminating in the final framework agreement, the Nairobi Declaration on the Final Phase of Peace in the Sudan, signed on June 6, 2004. (4) Despite efforts to negotiate a settlement between the Government of Sudan and the SPLM, a conflict between forces of the Government of Sudan, including militia forces backed by the Government, and rebel forces (the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM)) in the impoverished Darfur region of western Sudan, began in early 2003 and has resulted in attacks by ground and air forces of the Government of Sudan against innocent civilians and undefended villages in the region. (5) The United Nations estimates that 2,200,000 people are conflict-affected in the Darfur region and neighboring Chad, 1,200,000 people have been internally displaced, 200,000 people have fled into Chad, and 50,000 people have been killed. (6) The United States Agency for International Development projects that the violence and the obstruction of the delivery of food, shelter, and medical care to people of Darfur will result in the death of an estimated 320,000 people between April 1, 2004, and December 31, 2004. (7) Sudanese Government forces and government supported militia forces have also engaged in the use of rape as a weapon of war, the abduction of children, the destruction of food and water sources, and the deliberate and systematic manipulation and denial of humanitarian assistance for the people of the Darfur region. (8) The United Nations High Commissioner for Human Rights identified massive human rights violations in Darfur perpetrated by the Government of Sudan and the Janjaweed, which may constitute war crimes and/or crimes against humanity. (9) The United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in a recent report to the United Nations Sub-Commission on Human Rights that [i]t is beyond doubt that the [G]overnment of Sudan is responsible for extrajudicial and summary executions of large numbers of people over the last several months in the Darfur region , and that [t]he current humanitarian disaster unfolding in Darfur, for which the government is largely responsible, has put millions of civilians at risk. (10) The Department of State, in a press briefing on June 24, 2004, stated, as of the time of the briefing: 301 villages in Darfur have been destroyed and 76 have been damaged. There have been crops burned, killed or stolen cattle, and destroyed irrigation systems.. (11) Attacks on civilians in the Darfur region continue despite an April 8, 2004, temporary cease-fire agreement reached between the Government of Sudan and the JEM and SLA rebel groups in N’Djamena, Chad. (12) On July 22, 2004, the United States House of Representatives and Senate both declared that the atrocities unfolding in Darfur, Sudan are genocide. (13) On September 9, 2004, Secretary of State Colin L. Powell stated before the Senate Committee on Foreign Relations: When we reviewed the evidence compiled by our team, along with other information available to the State Department, we concluded that genocide has been committed in Darfur and that the Government of Sudan and the jinjaweid bear responsibility—and genocide may still be occurring. (14) On July 30, 2004, the United Nations Security Council passed Resolution 1556, calling upon the Government of Sudan to disarm the Janjaweed militias, apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, as well as other atrocities in the Darfur region. (15) The cooperation and mediation of the SPLM is critical to bringing about a political settlement between the Government of Sudan, the SLA, and the JEM. (16) Practical implementation of a comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act (50 12 U.S.C. 1701 note), and in the Machakos Protocol of 2002, is hampered by the ongoing violence in the Darfur region and by the Government of Sudan’s complicity in the violence. (17) The final framework peace agreement between the Government of Sudan and the SPLM is at great risk of collapse. Since the signing of the Nairobi Declaration on the Final Phase of Peace in the Sudan, the Government of Sudan has frustrated the process of the Inter-Governmental Authority on Development by pursuing delay tactics and raising new issues in the negotiations. (18) Moreover, the Government of Sudan’s complicity in the atrocities in the Darfur region raises fundamental questions about the Government of Sudan’s commitment to peace and stability in Sudan.", "id": "H8CC8089936424193B296BB36FDB43C73", "header": "Findings" }, { "text": "4. Sense of Congress regarding genocide and the conflict in Darfur, Sudan \n(a) Sudan Peace Act \nIt is the sense of Congress that the Sudan Peace Act ( 50 U.S.C. 1701 note) remains relevant and should be extended to include the Darfur region of Sudan. (b) Actions to address genocide and the conflict in darfur \nIt is the sense of Congress that— (1) the atrocities unfolding in the Darfur region of Sudan are genocide; (2) the Government of Sudan has violated the Convention on the Prevention and Punishment of the Crime of Genocide, signed at Paris on December 9, 1948, to which it is a contracting party, as a result of its complicity in the violence in the Darfur region; (3) a legitimate countrywide peace in Sudan will only be possible if the principles enumerated in the 1948 Universal Declaration of Human Rights, the Machakos Protocol of 2002, and the Nairobi Declaration on the Final Phase of Peace in the Sudan are applied to all of Sudan, including the Darfur region; (4) the parties to the Humanitarian Ceasefire on the Conflict in Darfur (the Government of Sudan, the SLA, and the JEM), signed in N'Djamena, Chad, on April 8, 2004, must meet their obligations under that agreement, including— (A) to give up the use of force as a means of settling the conflict in the Darfur region; (B) to allow safe and immediate access of all humanitarian assistance throughout the Darfur region; (C) to allow the deployment of and cooperate with international monitors and security forces; and (D) to expedite the conclusion of a political agreement to end the conflict in the Darfur region; (5) the President should impose targeted sanctions on the assets and activities of those Sudanese Government officials and other individuals who are determined to be involved in carrying out or otherwise involved in the policy of genocide in the Darfur region, as well as on the assets and activities of businesses controlled by the Government of Sudan and the National Congress Party; (6) the United States Government should not normalize relations with Sudan, including through the lifting of any sanctions, until the Government of Sudan agrees to and implements a comprehensive peace agreement for all areas of Sudan, including the Darfur region; (7) the United States and the international community should use all necessary means to assist international monitors and security forces in the Darfur region, particularly the African Union monitoring team, in order to ensure an appropriate international humanitarian response to, and the protection of human life and human rights in, the Darfur region; (8) the United States should continue to provide humanitarian assistance to the areas of Sudan to which the United States has access; (9) the member states of the United Nations, particularly the member states from the African Union, the Arab League, and the Organization of the Islamic Conference, should undertake measures to prevent the genocide in the Darfur region from escalating further, including the imposition of targeted sanctions against those responsible for the atrocities; (10) in the areas of Sudan to which humanitarian access by the United States is obstructed or denied, the United States should provide humanitarian assistance through nongovernmental organizations, regardless of opposition to such assistance by the Government of Sudan; and (11) the international community, including African, Arab, and Muslim nations, should immediately provide logistical, financial, in-kind, and personnel resources necessary to save the lives of hundreds of thousands of individuals in the Darfur crisis;", "id": "H609688B782EB466B86A31586E4738B14", "header": "Sense of Congress regarding genocide and the conflict in Darfur, Sudan" }, { "text": "5. Disclosure of business activities in Sudan \n(a) Annual report to Congress \nThe Secretary of the Treasury shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 1-year period thereafter, submit to the Congress a report that includes— (1) the identity of all entities that are engaged in commercial activity in Sudan; (2) the nature and extent of that commercial activity in Sudan, including any plans for expansion or diversification; (3) the identity of all agencies of the Sudanese Government with which any such entity is doing business; and (4) the relationship of the commercial activity to any violations of religious freedom and other human rights in Sudan. (b) Disclosure to the public \nThe Secretary of the Treasury shall publish or otherwise make available to the public each report submitted under subsection (a).", "id": "HD60B483C537041B2BEC3ECF14F96D89D", "header": "Disclosure of business activities in Sudan" }, { "text": "6. Prohibition on trading in United States capital markets \n(a) Prohibition \nThe President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to the requirements set forth in section 202 of that Act) to prohibit any entity engaged in any commercial activity in Sudan— (1) from raising capital in the United States; or (2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States. (b) Penalties \nThe penalties under section 206 of the International Emergency Economic Powers Act shall apply to violations under subsection (a) to the same extent as such penalties apply to violations under that Act.", "id": "H0405594667374176A316C9444000B5A", "header": "Prohibition on trading in United States capital markets" }, { "text": "7. Sanctions in support of peace in Darfur \n(a) Sanctions \n(1) Sudan peace act \nBeginning on the date of the enactment of this Act, the President shall, notwithstanding paragraph (1) of section 6(b) of the Sudan Peace Act ( 50 U.S.C. 1701 note), implement the measures set forth in subparagraphs (A) through (D) of paragraph (2) of such section. (2) Homeland security act of 2002 \nBeginning on the date of the enactment of this Act, the Secretary of State shall, notwithstanding section 428(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(b) ), prohibit the granting of a visa to— (A) a senior member of the Government of Sudan; (B) a senior official of the military of Sudan; or (C) a family member of an individual described in subparagraph (A) or (B). (b) Suspension of sanctions \nThe President may suspend the application of paragraph (1) or (2) of subsection (a), or both, if the President determines and certifies to the appropriate congressional committees that the Government of Sudan has— (1) taken demonstrable steps to ensure that the armed forces and the militias, known as the Janjaweed, are not attacking civilians; (2) taken significant demonstrable and verifiable steps to demobilize and disarm the Janjaweed in the Darfur region; (3) ceased harassment of aid workers, including those who report human rights abuses, and allowed unfettered humanitarian access to the Darfur region; (4) fully cooperated with the deployment and operation of international monitors and security forces, particularly the African Union monitoring team, for the Darfur region; (5) is taking demonstrable steps to ensure the safe return of displaced persons and refugees to their homes, and rebuilding the communities destroyed in the violence; (6) implemented the Nairobi Declaration on the Final Phase of Peace in the Sudan; and (7) installed a new coalition government based on the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan and is otherwise accommodating the new coalition government formed as a result of the agreement. (c) Reinstatement of Sanctions \nThe President shall reinstate the sanctions listed in paragraph (1) or (2) of subsection (a), or both, that have been suspended under subsection (b) (as the case may be) if at any time the President determines that the Government of Sudan is no longer in compliance with any of the criteria listed in paragraphs (1) through (8) of such subsection. (d) Waiver \nThe President may waive the application of paragraph (1) or (2) of subsection (a), or both, if the President determines and certifies to the appropriate congressional committees that exceptional circumstances in support of peace in Sudan necessitate such a waiver.", "id": "H72C3544C326846228F5B99DBE9F731C7", "header": "Sanctions in support of peace in Darfur" }, { "text": "8. Multilateral efforts \nThe Secretary of State should direct the United States Permanent Representative to the United Nations to— (1) press the United Nations Security Council to pursue accountability for those who are found responsible for orchestrating and carrying out the atrocities in the Darfur region, which shall include advocating for an ad hoc international criminal tribunal for the prosecution of war crimes, crimes against humanity, and genocide; (2) encourage member states of the United Nations to— (A) freeze the assets of senior members of the Government of Sudan and their families held in each such member state; (B) cease to import Sudanese oil; (C) restrict the entry or transit of senior members of the Government of Sudan and their families through each such member; and (D) deny permission for any aircraft registered in Sudan to take off from, land in, or overfly each such member state; and (3) urge member states of the United Nations to cease selling arms to the Government of Sudan, including by— (A) taking the necessary measures to prevent the sale or supply, to the Government of Sudan and its mercenaries, including the Janjaweed and the Popular Defense Forces, operating in the states of North Darfur, South Darfur and West Darfur, by the nationals of such member states, from the territories of such member states, or through the use of flag vessels or aircraft of such member states, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the Government of Sudan and its mercenaries, as well as technical training or assistance related to the provision, manufacture, maintenance or use of such items, whether or not originating in the territories of such member states; and (B) ensuring that the measures imposed in subparagraph (A) shall not apply to— (i) supplies and related technical training and assistance to monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties; (ii) supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical training and assistance; and (iii) supplies of protective clothing, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel.", "id": "H876A6080069F47A2B2A025FB2B5791F2", "header": "Multilateral efforts" }, { "text": "9. Amendments to the Sudan Peace Act \n(a) Assistance for the crisis in Darfur and for comprehensive peace in Sudan \n(1) In general \nThe Sudan Peace Act ( 50 U.S.C. 1701 note) is amended by adding at the end the following new section: 12. Assistance for the crisis in Darfur and for comprehensive peace in Sudan \n(a) Assistance to support a comprehensive final peace agreement in Sudan and to respond to the humanitarian crisis in Darfur \n(1) Authority \nSubject to the requirements of this section, the President is authorized to provide assistance for Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad. (2) Requirement for certification \nNotwithstanding section 501(a) of the Assistance for International Malaria Control Act ( Public Law 106–570 ; 50 U.S.C. 1701 note), assistance authorized under this section may be provided to the Government of Sudan only if the President submits the certification described in paragraph (3). (3) Certification for the Government of Sudan \nThe certification referred to in paragraph (2) is a certification submitted by the President to the appropriate congressional committees that the Government of Sudan has taken demonstrable steps to— (A) ensure that the armed forces of Sudan and any associated militias are not committing atrocities or obstructing human rights monitors or the provision of humanitarian assistance or human rights monitors; (B) demobilize and disarm militias supported or created by the Government of Sudan; (C) allow full and unfettered humanitarian assistance to all regions of Sudan, including Darfur; (D) allow an international commission of inquiry to conduct its investigation of atrocities in the Darfur region and Khartoum, preserve evidence of atrocities and prosecute those responsible for war crimes, crimes against humanity, and genocide; (E) cooperate fully with the African Union and all other observer and monitoring missions mandated to operate in Sudan; (F) implement the Nairobi Declaration on the Final Phase of Peace in the Sudan; (G) install a new coalition government based on the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan; and (H) ensure that the parties to the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan accept the new coalition government formed as a result of the agreement. (4) Suspension of assistance \nIf, on a date after the President submits the certification described in paragraph (3), the President determines that the Government of Sudan has ceased taking the actions described in such paragraph, the President shall immediately suspend the provision of any assistance to such Government until the date on which the President certifies that the Government of Sudan has resumed taking such actions. (5) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the President to provide the assistance described in paragraph (1), $450,000,000 for fiscal year 2005, in addition to any other funds otherwise available for such purpose. Of such amount, $150,000,000 may be made available both for humanitarian assistance in the Darfur region of Sudan and eastern Chad in response to the ongoing crisis, notwithstanding any provision of law other than the provisions of this section. (B) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. (b) Government of Sudan Defined \nIn this section, the term Government of Sudan means the National Islamic Front government in Khartoum, Sudan, or any successor government formed on or after the date of the enactment of this Act (other than the coalition government agreed upon in the Nairobi Declaration on the Final Phase of Peace in the Sudan).. (2) Conforming amendment \nSection 3(2) of such Act is amended by striking The and inserting Except as provided in section 12, the. (b) Reporting requirement \nSection 8 of the Sudan Peace Act ( 50 U.S.C. 1701 note) is amended in the first sentence by striking Sudan. and inserting Sudan, including the conflict in the Darfur region..", "id": "H60899EAD89BB4D9085EAEB52D8A35FBB", "header": "Amendments to the Sudan Peace Act" }, { "text": "12. Assistance for the crisis in Darfur and for comprehensive peace in Sudan \n(a) Assistance to support a comprehensive final peace agreement in Sudan and to respond to the humanitarian crisis in Darfur \n(1) Authority \nSubject to the requirements of this section, the President is authorized to provide assistance for Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad. (2) Requirement for certification \nNotwithstanding section 501(a) of the Assistance for International Malaria Control Act ( Public Law 106–570 ; 50 U.S.C. 1701 note), assistance authorized under this section may be provided to the Government of Sudan only if the President submits the certification described in paragraph (3). (3) Certification for the Government of Sudan \nThe certification referred to in paragraph (2) is a certification submitted by the President to the appropriate congressional committees that the Government of Sudan has taken demonstrable steps to— (A) ensure that the armed forces of Sudan and any associated militias are not committing atrocities or obstructing human rights monitors or the provision of humanitarian assistance or human rights monitors; (B) demobilize and disarm militias supported or created by the Government of Sudan; (C) allow full and unfettered humanitarian assistance to all regions of Sudan, including Darfur; (D) allow an international commission of inquiry to conduct its investigation of atrocities in the Darfur region and Khartoum, preserve evidence of atrocities and prosecute those responsible for war crimes, crimes against humanity, and genocide; (E) cooperate fully with the African Union and all other observer and monitoring missions mandated to operate in Sudan; (F) implement the Nairobi Declaration on the Final Phase of Peace in the Sudan; (G) install a new coalition government based on the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan; and (H) ensure that the parties to the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan accept the new coalition government formed as a result of the agreement. (4) Suspension of assistance \nIf, on a date after the President submits the certification described in paragraph (3), the President determines that the Government of Sudan has ceased taking the actions described in such paragraph, the President shall immediately suspend the provision of any assistance to such Government until the date on which the President certifies that the Government of Sudan has resumed taking such actions. (5) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the President to provide the assistance described in paragraph (1), $450,000,000 for fiscal year 2005, in addition to any other funds otherwise available for such purpose. Of such amount, $150,000,000 may be made available both for humanitarian assistance in the Darfur region of Sudan and eastern Chad in response to the ongoing crisis, notwithstanding any provision of law other than the provisions of this section. (B) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. (b) Government of Sudan Defined \nIn this section, the term Government of Sudan means the National Islamic Front government in Khartoum, Sudan, or any successor government formed on or after the date of the enactment of this Act (other than the coalition government agreed upon in the Nairobi Declaration on the Final Phase of Peace in the Sudan).", "id": "H179CCCA41A764793A4F9BACB8723EFFE", "header": "Assistance for the crisis in Darfur and for comprehensive peace in Sudan" }, { "text": "10. Report on United States response to a comprehensive peace agreement for Sudan \n(a) Report \nNot later than 60 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report on the planned United States response to a comprehensive peace agreement for Sudan. (b) Content \nThe report required by subsection (a) shall include— (1) a description of the planned United States response to a modified peace process between the Government of Sudan and the SPLM that would account for the implementation of a peace in all regions of Sudan, in particular Darfur; (2) a contingency plan for extraordinary humanitarian assistance should the Government of Sudan continue to obstruct or delay the international humanitarian response to the crisis in Darfur, Sudan; (3) a notification and explanation of the President's intent, or lack thereof, to impose targeted sanctions on the assets and activities of those Sudanese government officials and other individuals that are involved in carrying out the policy of genocide in the Darfur region, as well as on the assets and activities of businesses controlled by the Government of Sudan and the National Congress Party; and (4) a notification and explanation of the Government of the United States' intent, or lack thereof, to normalize relations with Sudan, including through the lifting of any sanctions, until the Government of Sudan agrees to and implements a comprehensive peace agreement for all areas of Sudan, including Darfur. (c) Form of report \nThe report required by subsection (a) may be submitted in classified form.", "id": "HC580358B21D54E4E97ED4FC44536D4A4", "header": "Report on United States response to a comprehensive peace agreement for Sudan" }, { "text": "11. Additional authorities; exception to export prohibitions \n(a) Additional Authorities \nNotwithstanding any other provision of law, the President is authorized to undertake appropriate programs using Federal agencies, grants or contractual arrangements, or direct support of indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in an effort to provide emergency relief, promote economic self-sufficiency, build civil authority, provide education, enhance rule of law and the development of judicial and legal frameworks, support people-to-people reconciliation efforts, or implement any program in support of any viable peace agreement at the local, regional, or national level in Sudan. (b) Exception to Export Prohibitions \nNotwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 of November 3, 1997 (62 Fed. Reg. 59989) shall not apply to any export from an area in Sudan outside of control of the Government of Sudan, or to any necessary transaction directly related to that export, if the President determines that the export or related transaction, as the case may be, would directly benefit the economic development of that area and its people.", "id": "H03D248791E7448A29695FBEAE2B08951", "header": "Additional authorities; exception to export prohibitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Mad Cow Testing Act of 2004.", "id": "HA9F874F7CDCD48BBB31D347779B48B00", "header": "Short title" }, { "text": "2. Post mortem examination of cattle for bovine spongiform encephalopathy \n(a) Testing required \nSection 4 of the Federal Meat Inspection Act ( 21 U.S.C. 604 ) is amended— (1) by striking That for and inserting (a) Post mortem examination required.— For ; and (2) by adding at the end the following new subsection: (b) Testing for bovine spongiform encephalopathy \n(1) As part of the post-mortem examination and inspection required by subsection (a) of all cattle carcasses and parts thereof intended for use as human food, the Secretary shall require that a test be conducted to determine the presence of bovine spongiform encephalopathy. The Secretary shall specify the type of test to be used to comply with this requirement. (2) The Secretary shall use only personnel of the Animal and Plant Health Inspection Service to conduct the tests required by paragraph (1). Notwithstanding the Act of June 5, 1948 (Chapter 423; 21 U.S.C. 695 ), all costs related to the testing shall be borne by slaughtering, meat-canning, salting, packing, rendering, and other establishments subject to the testing requirement. The Secretary shall collect fees, at rates determined by the Secretary, from such establishments to cover the costs incurred or to be incurred by the Secretary to conduct the tests. Amounts collected by the Secretary under this paragraph shall remain available until expended, without further appropriation or fiscal year limitation, to carry out paragraph (1). (3) Notwithstanding paragraph (1), if the Secretary determines that a test is not available to accurately determine the presence of bovine spongiform encephalopathy in cattle under a certain age, the Secretary may delay the implementation of the testing requirement with regard to cattle under that age until such time as an accurate test for cattle of that age is readily available. The Secretary shall submit to Congress notice of any determination made under this paragraph, including the reasons why the delay in implementation is necessary. At least once each year during the course of an implementation delay granted under this paragraph, the Secretary shall evaluate whether an accurate test has been developed for the presence of bovine spongiform encephalopathy in cattle of the age covered by the delay. The Secretary shall submit to Congress the results of the evaluation.. (b) Effective date \nSection 4(b) of the Federal Meat Inspection Act, as added by subsection (a), shall apply to the slaughter of cattle in establishments subject to the such Act beginning not later than 30 days after the date of the enactment of this Act or such earlier date as the Secretary of Agriculture may prescribe.", "id": "H7F7CBC68B8094A73A2E480CEC48B19", "header": "Post mortem examination of cattle for bovine spongiform encephalopathy" } ]

[ { "text": "1. Additional authorization of appropriations for the Reclamation Safety of Dams Act of 1978 \n(a) Reimbursement of certain modification costs \nSection 4(c) of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508(c) ) is amended by striking (c) With respect to and all that follows through 2001 and inserting the following: (c) Reimbursement of certain modification costs \nWith respect to the additional amounts authorized to be appropriated by section 5. (b) Authorization of appropriations \nSection 5 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 ) is amended in the first sentence— (1) by inserting and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels), after (October 1, 2001, price levels), ; and (2) by striking $750,000 and inserting $1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,.", "id": "H7CA5A1C0E92646DB8E72A4E0001B00AC", "header": "Additional authorization of appropriations for the Reclamation Safety of Dams Act of 1978" }, { "text": "2. Participation by project beneficiaries \n(a) Cost containment; modification status \nSection 4 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508 ) is amended by adding at the end the following: (e) (1) During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification.. (b) Project beneficiaries \nThe Reclamation Safety of Dams Act of 1978 is amended by inserting after section 5 ( 43 U.S.C. 509 ) the following: 5A. (a) On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice— (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification. (b) The Secretary shall— (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1). (c) (1) Prior to submitting the reports required under section 5, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 5. (d) The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security..", "id": "H272AD9AE5324423CA4CF63D7F4377100", "header": "Participation by project beneficiaries" }, { "text": "5A. (a) On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice— (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification. (b) The Secretary shall— (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1). (c) (1) Prior to submitting the reports required under section 5, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 5. (d) The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security.", "id": "H31FA74DB89274FA9BFDB0099A3E89ED0", "header": null } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Youth Coordination Act.", "id": "H71E6F811044C454FB1A9CC876917E80", "header": "Short title" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "text": "8. Termination \nThe Council shall terminate 60 days after transmitting its fifth and final report pursuant to section 6.", "id": "H75F8386C448A40D88FBE264281428EF1", "header": "Termination" }, { "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" } ]

[ { "text": "1. Congressional findings \nThe Congress finds the following: (1) The Oyster Creek Nuclear Generating Station, operating for over 35 years, is the oldest nuclear facility in the country. (2) More than 3,500,000 people now reside within a 50-mile radius of Oyster Creek. (3) Nuclear power plants have been identified as inviting targets for terrorist attacks. (4) It is necessary to assess the safety, performance, and reliability of the Nation’s oldest operating reactor. (5) An independent assessment will help in determining if the plant can continue to maintain adequate levels of safety.", "id": "H65EE7C433B674915B3032E00007144DA", "header": "Congressional findings" }, { "text": "2. Relicensing criteria for nuclear facilities \nSection 182 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2232 ) is amended by adding at the end the following new subsection: e. In determining whether to approve an application for relicensing, the Commission shall evaluate the facility with respect to health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident..", "id": "H292F1BADD49A45C1BDAEB7CEAA0057DD", "header": "Relicensing criteria for nuclear facilities" }, { "text": "3. Independent assessment of oyster creek nuclear generating station \n(a) In general \nThe Nuclear Regulatory Commission shall not relicense the Oyster Creek Nuclear Generating Station until— (1) at least 90 days have expired after it has transmitted under subsection (e) the recommendations from the National Academy of Sciences; and (2) it has given appropriate consideration to those recommendations. (b) Assessment by national academy of sciences \nThe Nuclear Regulatory Commission shall enter into an arrangement with the National Academy of Sciences to provide, with respect to the Oyster Creek Nuclear Generating Station, an independent assessment of safety performance along with recommendations for relicensing and relicensing conditions. (c) Functions \nPursuant to guidelines provided by the Nuclear Regulatory Commission, the National Academy of Sciences shall— (1) provide an independent assessment of the conformance of Oyster Creek Nuclear Generating Station to its design and licensing bases, including appropriate reviews at the site and corporate offices; (2) provide an independent assessment of operational safety performance, identifying risk factors where appropriate; (3) provide an independent assessment of health risks, vulnerability to terrorist attack, evacuation plans, population increases, ability to store nuclear waste, safety and security record, and the impact of a nuclear accident; (4) evaluate the effectiveness of licensee self-assessments, corrective actions, and improvement plans; and (5) determine the cause or causes of safety problems and assess overall performance. (d) Access \nThe Nuclear Regulatory Commission shall issue such orders as are necessary to ensure appropriate access for the National Academy of Sciences to carry out this section. (e) Report \nNot later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress the report received from the National Academy of Sciences under this section.", "id": "HE90920F0F8A54E53A155D40E0D9FF69", "header": "Independent assessment of oyster creek nuclear generating station" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Discharged Combat Veterans Medical Care Extension Act.", "id": "H6EA97D6EC9B643F49959B8738968A01E", "header": "Short title" }, { "text": "2. Five-Year Eligibility of Veterans who Served in Recent Hostilities for Hospital Care, Medical Services, and Nursing Home Care for any Illness \nSection 1710(e)(3)(C) of title 38, United States Code, is amended by striking 2 years and inserting five years.", "id": "HFD05FE530A3840F38BE53F00AE955DD", "header": "Five-Year Eligibility of Veterans who Served in Recent Hostilities for Hospital Care, Medical Services, and Nursing Home Care for any Illness" } ]

[ { "text": "1. Expansion of new borrower eligibility for student loan forgiveness for teachers \n(a) FFEL loans \nSection 428J(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b) ) is amended by striking October 1, 1998, and inserting October 17, 1986,. (b) Direct loans \nSection 460(b)(1) of such Act ( 20 U.S.C. 1087j(b)(1) ) is amended by striking October 1, 1998, and inserting October 17, 1986,.", "id": "H6DCDA0B7C39A4387836E5DFD6C2EBF00", "header": "Expansion of new borrower eligibility for student loan forgiveness for teachers" } ]

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

[ { "text": "1. Designation of Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse \nThe annex to the E. Barrett Prettyman Federal Building and United States Courthouse located at 333 Constitution Ave. Northwest in Washington, District of Columbia, shall be known and designated as the Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse.", "id": "HB48A3E77352B46B5B7E5D35BAF51FCD4", "header": "Designation of Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the annex to the Federal building and United States Courthouse referred to in section 1 shall be deemed to be a reference to the Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse.", "id": "H5C7F0912BEA04A89B77E886017AB538D", "header": "References" } ]

[ { "text": "1. Authorization and appropriation extensions \nThe Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ) is amended— (1) in the items in the table of contents relating to title VIII of Division II, by striking Canal National Heritage Corridor each place it appears and inserting National Heritage Canalway ; and (2) in Division II— (A) in each of sections 107, 208, 310, 408, 507, 607, 707, 811, 910, by striking September 30, 2012 and inserting September 30, 2027 ; (B) in each of sections 108(a), 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 812(a), by striking a total of $10,000,000 and inserting a total of $20,000,000 ; (C) in section 909(c), by striking not more than $10,000,000 and inserting not more than $20,000,000 ; and (D) in title VIII, by striking Canal National Heritage Corridor each place it appears and inserting National Heritage Canalway.", "id": "H0509F5441884417FB7FF48317DB530C3", "header": "Authorization and appropriation extensions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Illegal Immigration Enforcement and Social Security Protection Act of 2004.", "id": "HB7E7A27FA3CB4FE0B13344EB0088F664", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The Bonner Plan, as reflected in the terms of this Act, is an appropriate response to the need to improve procedures to preclude unauthorized employment of aliens and prevent the entry of terrorists into the United States. (2) The economic disparity between the United States and other countries is a prime factor in the desire of foreign nationals to enter the United States illegally. (3) Federal law prohibits the employment of such illegal immigrants in the United States. (4) Nonetheless, illegal immigrants routinely find employment within the United States. (5) Such employment of illegal immigrants undermines our system of lawful immigration and has a negative impact on job opportunities for American workers. (6) Employers in the United States currently have difficulty establishing the veracity of the identity documents of prospective employees in order to verify their work eligibility. (7) Pilot programs undertaken by the Federal Government demonstrate that a nationwide employment verification system is feasible. (8) Social Security cards are routinely required to be presented to employers by new employees. (9) Social Security cards remain vulnerable to counterfeiting and fraud. (10) Social Security cards with improved defenses against fraudulent use would serve as the best vehicle by which to determine employment eligibility. (11) The Social Security card should not become a national identification card.", "id": "H91251B0A46B24432B6DCFBBFDB7CFC5C", "header": "Findings" }, { "text": "3. Amendments to the Social Security Act relating to identification of individuals \n(a) Antifraud measures for social security cards \nSection 205(c)(2)(G) of the Social Security Act ( 42 U.S.C. 405(c)(2)(G) ) is amended— (1) by inserting (i) after (G) ; (2) by striking banknote paper and inserting durable plastic or similar material ; and (3) by adding at the end the following new clauses: (ii) Each Social Security card issued under this subparagraph shall include an encrypted electronic identification strip which shall be unique to the individual to whom the card is issued. The Commissioner shall develop such electronic identification strip in consultation with the Secretary of Homeland Security, so as to enable employers to use such strip in accordance with section 5(b) of Illegal Immigration Enforcement and Social Security Protection Act of 2004 to obtain access to the Employment Eligibility Database established by such Secretary pursuant to section 4 of such Act with respect to the individual to whom the card is issued. (iii) The Commissioner shall provide for the issuance (or reissuance) to each individual who— (I) has been assigned a Social Security account number under subparagraph (B), (II) has attained the minimum age applicable, in the jurisdiction in which such individual engages in employment, for legally engaging in such employment, and (III) files application for such card under this clause in such form and manner as shall be prescribed by the Commissioner, a Social Security card which meets the preceding requirements of this subparagraph and which includes a recent photograph of the individual to whom the card is issued. (iv) The Commissioner shall maintain an ongoing effort to develop measures in relation to the Social Security card and the issuance thereof to preclude fraudulent use thereof.. (b) Sharing of information with the Secretary of Homeland Security \nSection 205(c)(2) of such Act is amended by adding at the end the following new subparagraph: (I) Upon the issuance of a Social Security account number under subparagraph (B) to any individual or the issuance of a Social Security card under subparagraph (G) to any individual, the Commissioner of Social Security shall transmit to the Secretary of Homeland Security such information received by the Commissioner in the individual’s application for such number or such card as such Secretary determines necessary and appropriate for administration of the Illegal Immigration Enforcement and Social Security Protection Act of 2004. Such information shall be used solely for inclusion in the Employment Eligibility Database established pursuant to section 4 of the Illegal Immigration Enforcement and Social Security Protection Act of 2004.. (c) Effective dates \nThe amendment made by subsection (a) shall apply with respect to Social Security cards issued after 2 years after the date of the enactment of this Act. The amendment made by subsection (b) shall apply with respect to the issuance of Social Security account numbers and Social Security cards after 2 years after the date of the enactment of this Act.", "id": "H2977467FAEEA4C1EA43B23DD2EC8DC1B", "header": "Amendments to the Social Security Act relating to identification of individuals" }, { "text": "4. Employment eligibility database \n(a) In general \nThe Secretary of Homeland Security shall establish and maintain an Employment Eligibility Database. The Database shall include data comprised of the citizenship status of individuals and the work and residency eligibility information (including expiration dates) with respect to individuals who are not citizens or nationals of the United States but are authorized to work in the United States. Such data shall include all such data maintained by the Department of Homeland Security as of the date of the establishment of such database and information obtained from the Commissioner of Social Security pursuant to section 205(c)(2)(I) of the Social Security Act. The Secretary shall maintain ongoing consultations with the Commissioner to ensure efficient and effective operation of the Database. (b) Incorporation of ongoing pilot programs \nTo the extent that the Secretary determines appropriate in furthering the purposes of subsection (a), the Secretary may incorporate the information, processes, and procedures employed in connection with the Citizen Attestation Verification Pilot Program and the Basic Pilot Program into the operation and maintenance of the Database under subsection (a). (c) Confidentiality \nNo officer or employee of the Department of Homeland Security shall have access to any information contained in the Database for any purpose other than the establishment of a system of records necessary for the effective administration of this Act. The Secretary shall restrict access to such information to officers and employees of the United States whose duties or responsibilities require access for the administration or enforcement of the provisions of this Act. The Secretary shall provide such other safeguards as the Secretary determines to be necessary or appropriate to protect the confidentiality of information contained in the Database. (d) Deadline for meeting requirements \nThe Secretary shall complete the establishment of the Database and provide for the efficient and effective operation of the Database in accordance with this section not later than 2 years after the date of the enactment of this Act.", "id": "H5D51F7829DC94164B784E011668C0016", "header": "Employment eligibility database" }, { "text": "5. Requirements relating to individuals commencing work in the United States \n(a) Requirements for employees \nNo individual may commence employment with an employer in the United States unless such individual has— (1) obtained a Social Security card issued by the Commissioner of Social Security meeting the requirements of section 205(c)(2)(G)(iii) of the Social Security Act, and (2) displayed such card to the employer pursuant to the employer’s request for purposes of the verification required under subsection (b). (b) Requirements for employers \n(1) In general \nNo employer may hire for employment an individual in the United States in any capacity unless such employer verifies under this subsection that such individual has in his or her possession a Social Security card issued to such individual pursuant to section 205(c)(2)(G) of the Social Security Act which bears a photograph of such individual and that such individual is authorized to work in the United States in such capacity. Such verification shall be made in accordance with procedures prescribed by the Secretary for the purposes of ensuring against fraudulent use of the card and accurate and prompt verification of the authorization of such individual to work in the United States in such capacity. (2) Verification procedures \nSuch procedures shall include use of— (A) a phone verification system which shall be established by the Secretary, or (B) a card-reader device approved by the Secretary as capable of reading the electronic identification strip borne by the card so as to verify the identity of the card holder and the card holder’s authorization to work. (3) Access to Database \nThe Secretary shall ensure that, by means of such procedures, the employer will have such access to the Employment Eligibility Database maintained by the Secretary as to enable the employer to obtain information, relating to the citizenship, residency, and work eligibility of the individual seeking employment by the employer in any capacity, which is necessary to inform the employer as to whether the individual is authorized to work for the employer in the United States in such capacity. (c) Effective date \nThe requirements of this section shall apply with respect to the employment of any individual in any capacity commencing after 2 years after the date of the enactment of this Act.", "id": "H942BACA91A624E0CAD94FCD5AF602231", "header": "Requirements relating to individuals commencing work in the United States" }, { "text": "6. Enforcement \n(a) Civil penalties \nThe Secretary may assess a penalty, payable to the Secretary, against any employer who— (1) hires an individual for employment in the United States in any capacity who is known by the employer not to be authorized to work in the United States in such capacity, or (2) fails to comply with the procedures prescribed by the Secretary pursuant to section 5 in connection with the employment of any individual. Such penalty shall not exceed $50,000 for each occurrence of a violation described in paragraph (1) or (2) with respect to the individual, plus, in the event of the removal or deportation of such individual from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government in connection with such removal or deportation. (b) Actions by the Secretary \nIf any person is assessed under subsection (a) and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this Act, the Secretary may bring a civil action in any district court of the United States within the jurisdiction of which such person’s assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this section, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Secretary without regard to the amount in controversy. (c) Criminal penalty \nAny person who— (1) hires for employment any individual in the United States in any capacity who such person knows not to be authorized to work in the United States in such capacity, or (2) hires for employment any individual in the United States and fails to comply with the procedures prescribed by the Secretary pursuant to section 5(b) in connection with the hiring of such individual, shall upon conviction be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.", "id": "HBEA8C122504B47B4A7CCDCCD35BD78E", "header": "Enforcement" }, { "text": "7. Authorizations of appropriations \n(a) Department of Homeland Security \nThere are authorized to be appropriated to the Department of Homeland Security for each fiscal year beginning on or after October 1, 2004, such sums as are necessary to carry out the provisions of this Act, including not to exceed $100,000,000 to enforce the provisions of this Act. (b) Social Security Administration \nThere are authorized to be appropriated to the Social Security Administration for each fiscal year beginning on or after October 1, 2004, such sums as are necessary to carry out the amendments made by section 3.", "id": "H7DB1E2BBB5104A229DF6F8C534438AA", "header": "Authorizations of appropriations" }, { "text": "8. Integration of fingerprinting databases \nThe Secretary of Homeland Security and the Attorney General of the United States shall jointly undertake to integrate the border-patrol fingerprinting identification system maintained by the Department of Homeland Security with the fingerprint database maintained by the Federal Bureau of Investigation. The integration of databases pursuant to this section shall be completed not later than 2 years after the date of the enactment of this Act.", "id": "H99D0247D1AA34EAC9C70A6B945F080F6", "header": "Integration of fingerprinting databases" }, { "text": "9. Additional authorization for hiring of border patrol agents \nIn addition to such sums as are otherwise authorized, there is authorized to be appropriated to the Department of Homeland Security for each fiscal year beginning on or after October 1, 2004, $50,000,000 for employment of border patrol agents.", "id": "H4F33D932D8DA4B17A3CD6D59C9B283D", "header": "Additional authorization for hiring of border patrol agents" }, { "text": "10. Rule of construction \nNothing in this Act shall be construed to establish a national identification card, and it is the policy of the United States that the Social Security card shall not be used as a national identification card.", "id": "H5F42DA5D24BF4E448E5B7045193D2CAB", "header": "Rule of construction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Corporate Advance Disclosure Act of 2004.", "id": "H14332550E98D40419820BD3EF4005E5C", "header": "Short title" }, { "text": "2. Advance disclosure for creation or increase in non-qualified pension plans \nSection 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (m) Advance disclosure for creation or increase in non-qualified pension plans \n(1) Disclosure required \nAny issuer that creates, substantially increases, or funds any non-qualified pension plan for which any director or executive officer of the issuer is the beneficiary shall provide not less than 60 days notice in advance of such action by filing, in accordance with such rules as the Commission shall prescribe, such information as the Commission may require. Such rules shall require that the disclosure separately state each creation, increase, or funding with respect to each such director or officer. (2) Definitions \nFor purposes of this subsection: (A) Director or executive officer \nThe Commission shall define the term director or executive officer by rule. (B) Non-qualified pension plan \nThe term non-qualified pension plan means— (i) an excess benefit plan; (ii) a top-hat plan; or (iii) any other benefit plan that the Commission determines by rule, consistent with the protection of investors and the public interest, to treat as a non-qualified pension plan. (C) Excess benefit plan \nThe term excess benefit plan has the meaning provided such term by section 3(36) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(36) ). (D) Top-hat plan \nThe term top-hat plan means any pension plan (as such term is defined in section 3(2) of such Act), or any separable part of a pension plan, that is— (i) maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees; and (ii) unfunded. (E) Unfunded \nA plan shall be considered to be unfunded if its benefits must be paid as needed solely— (i) from the employer's general assets, rather than from a separate trust or account that has been set aside to hold the funds in question; (ii) through insurance contracts the premiums for which are paid directly by the employer from its general assets; or (iii) through both the assets described in subparagraph (B) and the contracts described in subparagraph (C). (F) Substantially increase; funding \nThe Commission shall, by rule, define the terms substantially increase and to fund. Such rules may provide that an action may be treated as within either such term even if there is not a constructive receipt by the officer or director..", "id": "HCAB3AC72B22345FB8580D44EE374FE40", "header": "Advance disclosure for creation or increase in non-qualified pension plans" } ]

[ { "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, $1,500,000 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" }, { "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" }, { "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" } ]

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

[ { "text": "1. Requirement for TRICARE program to have reimbursement rules and cost sharing requirements equivalent to Blue Cross/Blue Shield Standard Plan \n(a) Requirement \nThe Secretary of Defense shall take such actions as are necessary to change the reimbursement rules and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rules and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code. (b) Definition \nIn this section, the term TRICARE program has the meaning provided under section 1072(7) of title 10, United States Code. (c) Implementation \nThe Secretary of Defense shall implement the requirement under subsection (a) not later than October 1, 2005.", "id": "H4D022618CFE44CB09F6C5CC62C74F6E2", "header": "Requirement for TRICARE program to have reimbursement rules and cost sharing requirements equivalent to Blue Cross/Blue Shield Standard Plan" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.", "id": "HA97BF5C1195545F98BAE9E1E723893F0", "header": "Short title" }, { "text": "2. Mission of Department of Homeland Security \nSection 101(b)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 111(b)(1) ) is amended— (1) in subparagraph (F), by striking and after the semicolon; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and.", "id": "HC47C61DA6CD949C7B575C3996B1D1F00", "header": "Mission of Department of Homeland Security" }, { "text": "3. Officer for civil rights and civil liberties \nSection 705(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 345(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting report directly to the Secretary and shall after who shall ; (2) in paragraph (1)– (A) by striking alleging and inserting concerning ; (B) by striking racial and ethnic ; (C) by inserting on the basis of race, ethnicity, or religion, after profiling ; and (D) by striking and after the semicolon at the end; (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities; (4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department; (5) coordinate with the official appointed under section 222 to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) the Congress receives appropriate reports regarding such programs, policies, and procedures; and (6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General..", "id": "HB23E951D06DB4B40B62480066954271D", "header": "Officer for civil rights and civil liberties" }, { "text": "4. Protection of civil rights and civil liberties by Office of Inspector General \n(a) Designation and functions of senior official \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after section 812 the following: 813. Protection of civil rights and civil liberties by Office of Inspector General \n(a) Designation of senior official \nThe Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b). (b) Functions \nThe senior official designated under subsection (a) shall–— (1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; (2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; (5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding— (A) alleged abuses of civil rights or civil liberties; and (B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; (6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; (7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; (8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— (A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and (B) the status of investigations initiated in response to public complaints; and (9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.. (b) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 812 the following: Sec. 813. Protection of civil rights and civil liberties by Office of Inspector General.", "id": "H47B697C152B34502AA133DB600C6B21F", "header": "Protection of civil rights and civil liberties by Office of Inspector General" }, { "text": "813. Protection of civil rights and civil liberties by Office of Inspector General \n(a) Designation of senior official \nThe Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b). (b) Functions \nThe senior official designated under subsection (a) shall–— (1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; (2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; (5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding— (A) alleged abuses of civil rights or civil liberties; and (B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; (6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; (7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; (8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— (A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and (B) the status of investigations initiated in response to public complaints; and (9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.", "id": "H760B9C8EA9194D7E92608FF407948B70", "header": "Protection of civil rights and civil liberties by Office of Inspector General" }, { "text": "5. Privacy officer \nSection 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ) is amended— (1) in the matter preceding paragraph (1), by inserting , who shall report directly to the Secretary, after in the Department ; (2) in paragraph (4), by striking and after the semicolon at the end; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: (5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) the Congress receives appropriate reports on such programs, policies, and procedures; and.", "id": "H4E81EEA09DC246C8969D1F892FFE643B", "header": "Privacy officer" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Foundation for Nevada’s Veterans Land Transfer Act of 2004.", "id": "H7ECEFE603B8541EFB5B800CF094BE42B", "header": "Short title" }, { "text": "2. Transfer of administrative jurisdiction, Bureau of Land Management land, Clark County, Nevada \n(a) In general \nAdministrative jurisdiction over the land described in subsection (b) is transferred from the Secretary of the Interior to the Secretary of Veterans Affairs. (b) Description of land \nThe parcel of land referred to in subsection (a) is the approximately 150 acres of Bureau of Land Management land in Clark County, Nevada, as generally depicted on the map entitled Veterans Administration Conveyance and dated September 24, 2004. (c) Use of land \nThe parcel of land described in subsection (b) shall be used by the Secretary of Veterans Affairs for the construction and operation of medical and related facilities, as determined to be appropriate by the Secretary of Veterans Affairs.", "id": "HD51A29B6C4224BD9ACE074C0B954A7CF", "header": "Transfer of administrative jurisdiction, Bureau of Land Management land, Clark County, Nevada" } ]

[ { "text": "1. Educational assistance for certain reserve component members who perform active service \n(a) Establishment of program \nPart IV of subtitle E of title 10, United States Code, is amended by inserting after chapter 1606 the following new chapter: 1607 Educational assistance for reserve component members supporting contingency operations and certain other operations \nSec 16161. Purpose 16162. Educational assistance program 16163. Eligibility for educational assistance 16164. Time limitation for use of entitlement 16165. Termination of assistance 16166. Administration of program 16161. Purpose \nThe purpose of this chapter is to provide educational assistance to members of the reserve components who have been called or ordered to active service in response to a war or national emergency declared by the President or the Congress, in recognition of the sacrifices that those members make in answering the call to duty. 16162. Educational assistance program \n(a) Program establishment \nThe Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program as prescribed in this chapter to provide educational assistance to members of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned. (b) Authorized education programs \nEducational assistance may be provided under this chapter for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of title 38. (c) Benefit amount \n(1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, an educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a program of education authorized under subsection (b). (2) The educational assistance allowance provided under this chapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under section 3015 of title 38 for a member whose entitlement is based on completion of an obligated period of active duty of three years. (3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be further adjusted by the applicable percent specified in paragraph (4). (4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be— (A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but less than one continuous year; (B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but less than two continuous years; or (C) 80 percent in the case of a member of a reserve component who performed active service for two continuous years or more. (d) Maximum months of assistance \n(1) Subject to section 3695 of title 38, the maximum number of months of educational assistance that may be provided to any member under this chapter is 36 (or the equivalent thereof in part-time educational assistance). (2) (A) Notwithstanding any other provision of this chapter or chapter 36 of title 38, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not— (i) be charged against the entitlement of any individual under this chapter; or (ii) be counted toward the aggregate period for which section 3695 of title 38 limits an individual’s receipt of assistance. (B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to the individual for pursuit of a course or courses under this chapter if the Secretary of Veterans Affairs finds that the individual— (i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title; and (ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individual’s course pursuit. (C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of title 38 shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii). 16163. Eligibility for educational assistance \n(a) Eligibility \nOn or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under section 502(f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. (b) Disabled members \nNotwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in section 16162(b)(2)(A) of this title. (c) Written notification \n(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of sections 16165 and 16166 of this title as such sections may apply to the member. (2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary. (d) Bar from dual eligibility \nA member who qualifies for educational assistance under this chapter may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited. (e) Bar from duplication of educational assistance allowance \n(1) Except as provided in paragraph (2), an individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, or 35 of title 38, or under the Hostage Relief Act of 1980 ( Public Law 96–449 ; 5 U.S.C. 5561 note) may not receive assistance under more than one such programs and shall elect (in such form and manner as the Secretary concerned may prescribe) under which program the member elects to receive educational assistance. (2) The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under section 16131(i) of this title. 16164. Time limitation for use of entitlement \n(a) Duration of entitlement \nExcept as provided in subsection (b), a member remains entitled to educational assistance under this chapter while serving— (1) in the Selected Reserve of the Ready Reserve, in the case of a member was called or ordered to active service while serving in the Selected Reserve; or (2) in the Ready Reserve, in the case of a member was ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve). (b) Duration of entitlement for disabled members \n(1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance. (2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1). 16165. Termination of assistance \nEducational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated— (1) if the member is receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers' Training Corps program; or (2) when the member separates from the Ready Reserve, as provided under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title. 16166. Administration of program \n(a) Administration \nEducational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter. (b) Program management \nExcept as otherwise provided in this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term eligible veteran and the term person , as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter. (c) Flight training \nThe Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of title 38) by an individual entitled to educational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and (3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. (d) Trust fund \nAmounts for payments for benefits under this chapter shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title.. (b) Conforming amendments \n(1) Section 2006(b) of such title is amended— (A) in paragraph (1), by striking chapter 1606 and inserting chapters 1606 and 1607, including funds provided by the Secretary of Homeland Security for education liabilities for the Coast Guard when it is not operating as a service in the Department of the Navy ; and (B) in paragraph (2)(C), by striking for educational assistance under chapter 1606 and inserting (including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607. (2) Section 3695(a)(5) of title 38, United States Code, is amended by inserting 1607, after 1606,. (c) Clerical amendment \nThe tables of chapters at the beginning of subtitle E of title 10, United States Code, and at the beginning of part IV of such subtitle, are amended by inserting after the item relating to chapter 1606 the following new item: 1607. Educational Assistance for Reserve Component Members Supporting Contingency Operations and Certain Other Operations 16161.", "id": "H730855AB7D5F4E228F2B224019CDFC10", "header": "Educational assistance for certain reserve component members who perform active service" }, { "text": "16161. Purpose \nThe purpose of this chapter is to provide educational assistance to members of the reserve components who have been called or ordered to active service in response to a war or national emergency declared by the President or the Congress, in recognition of the sacrifices that those members make in answering the call to duty.", "id": "H95182E9DD7C44A5385EFF31082F30865", "header": "Purpose" }, { "text": "16162. Educational assistance program \n(a) Program establishment \nThe Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program as prescribed in this chapter to provide educational assistance to members of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned. (b) Authorized education programs \nEducational assistance may be provided under this chapter for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of title 38. (c) Benefit amount \n(1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, an educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a program of education authorized under subsection (b). (2) The educational assistance allowance provided under this chapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under section 3015 of title 38 for a member whose entitlement is based on completion of an obligated period of active duty of three years. (3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be further adjusted by the applicable percent specified in paragraph (4). (4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be— (A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but less than one continuous year; (B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but less than two continuous years; or (C) 80 percent in the case of a member of a reserve component who performed active service for two continuous years or more. (d) Maximum months of assistance \n(1) Subject to section 3695 of title 38, the maximum number of months of educational assistance that may be provided to any member under this chapter is 36 (or the equivalent thereof in part-time educational assistance). (2) (A) Notwithstanding any other provision of this chapter or chapter 36 of title 38, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not— (i) be charged against the entitlement of any individual under this chapter; or (ii) be counted toward the aggregate period for which section 3695 of title 38 limits an individual’s receipt of assistance. (B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to the individual for pursuit of a course or courses under this chapter if the Secretary of Veterans Affairs finds that the individual— (i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title; and (ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individual’s course pursuit. (C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of title 38 shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii).", "id": "H66FA184A6B7C462E82EB36492CBD68ED", "header": "Educational assistance program" }, { "text": "16163. Eligibility for educational assistance \n(a) Eligibility \nOn or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under section 502(f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. (b) Disabled members \nNotwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in section 16162(b)(2)(A) of this title. (c) Written notification \n(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of sections 16165 and 16166 of this title as such sections may apply to the member. (2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary. (d) Bar from dual eligibility \nA member who qualifies for educational assistance under this chapter may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited. (e) Bar from duplication of educational assistance allowance \n(1) Except as provided in paragraph (2), an individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, or 35 of title 38, or under the Hostage Relief Act of 1980 ( Public Law 96–449 ; 5 U.S.C. 5561 note) may not receive assistance under more than one such programs and shall elect (in such form and manner as the Secretary concerned may prescribe) under which program the member elects to receive educational assistance. (2) The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under section 16131(i) of this title.", "id": "H5AA3E77AB7E34A219DB8EF7CE0698810", "header": "Eligibility for educational assistance" }, { "text": "16164. Time limitation for use of entitlement \n(a) Duration of entitlement \nExcept as provided in subsection (b), a member remains entitled to educational assistance under this chapter while serving— (1) in the Selected Reserve of the Ready Reserve, in the case of a member was called or ordered to active service while serving in the Selected Reserve; or (2) in the Ready Reserve, in the case of a member was ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve). (b) Duration of entitlement for disabled members \n(1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance. (2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1).", "id": "H12F5E35B9A81435796F2581E7E66E270", "header": "Time limitation for use of entitlement" }, { "text": "16165. Termination of assistance \nEducational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated— (1) if the member is receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers' Training Corps program; or (2) when the member separates from the Ready Reserve, as provided under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.", "id": "H310A85A7AF79453CB34F94160878F983", "header": "Termination of assistance" }, { "text": "16166. Administration of program \n(a) Administration \nEducational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter. (b) Program management \nExcept as otherwise provided in this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term eligible veteran and the term person , as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter. (c) Flight training \nThe Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of title 38) by an individual entitled to educational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and (3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. (d) Trust fund \nAmounts for payments for benefits under this chapter shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title.", "id": "H2D63F9E38B514A20A475328785510833", "header": "Administration of program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Montana Water Contracts Extension Act of 2004.", "id": "H90F9070963FA4F8DAAC4363874E6BE74", "header": "Short title" }, { "text": "2. Extension of water contracts \n(a) Authority to extend \nThe Secretary of the Interior may extend each of the water contracts listed in subsection (b) until the earlier of— (1) the expiration of the 2-year period beginning on the date on which the contract would expire but for this section; or (2) the date on which a new long-term water contract is executed by the parties to the contract listed in subsection (b). (b) Extended contracts \nThe water contracts referred to in subsection (a) are the following: (1) Contract Number 14–06-600-2078, as amended, for purchase of water between the United States of America and the City of Helena, Montana. (2) Contract Number 14–06-600-2079, as amended, between the United States of America and the Helena Valley Irrigation District for water service. (3) Contract Number 14–06-600-8734, as amended, between the United States of America and the Toston Irrigation District for water service. (4) Contract number 14–06-600-3592, as amended, between the United States and the Clark Canyon Water Supply Company, Inc., for water service and for a supplemental supply. (5) Contract number 14–06-600-3593, as amended, between the United States and the East Bench Irrigation District for water service.", "id": "H928926D0FD584FA19FE417672CA5D66E", "header": "Extension of water contracts" } ]

[ { "text": "1. Removal of certain restrictions on property \nNotwithstanding Public Law 90–171 ( 16 U.S.C. 484a ; 81 Stat. 531), the approximately 25 acres patented to the Mammoth County Water District (known as the Mammoth Community Water District ) by Patent No. 04-87-0038, on June 26, 1987, and recorded in Volume 482, at page 517 of the official records of the Recorder’s Office, Mono County, California, may be used for purposes other than the purpose for which those lands were being used prior to the conveyance to the Mammoth County Water District and such lands may be transferred as authorized under State law.", "id": "H7AF460BF357A4F609BB3003E82FBDEA9", "header": "Removal of certain restrictions on property" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Providing Resources and Education for Kids Act (Pre-K).", "id": "H04B03D24B7C244718154A98E783BF60", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) Kindergarten teachers estimate that 1 in 3 children enters the classroom unprepared to meet the challenges of school. (2) A 1998 report regarding the prevention of reading difficulties in young children found that— (A) preschool children need high quality language and literacy environments in and out of their homes; and (B) children need to arrive in the first grade with strong language and cognitive skills and the motivation to learn to read in order to benefit from classroom instruction. (3) The first 5 years is a very critical time in a child’s development, and a child’s brain development is far more susceptible to adverse influences than had been previously realized. (4) High quality prekindergarten programs can affect a child’s long-term success in areas such as school achievement, higher earnings as adults, and decreased involvement with the criminal justice system. (5) Studies of several State prekindergarten initiatives offer convincing evidence of the benefits of early education for children at risk of school failure. These benefits include higher mathematics and reading achievement, stronger learning skills, increased creativity, better school attendance, improved health, and greater involvement by parents in their children’s education. (6) Only 1 State, Georgia, currently has a prekindergarten initiative that is universally available to all children in the State. (b) Purpose \nThe purpose of this Act is to improve school readiness for young children by providing grants to States to assist in the creation or expansion of early childhood education programs for children ages 5 and under.", "id": "H3D5595F6A1054F21AFA0D217FAB71BFF", "header": "Findings and purpose" }, { "text": "2. Program authorized \n(a) In general \nThe Secretary, in consultation with the Secretary of the Department of Health and Human Services, is authorized to provide grants to State educational agencies, or their equivalent, to allow such agencies to establish or expand prekindergarten early learning programs. (b) Eligibility \n(1) In general \nTo be eligible to receive a grant award under this Act, a State shall submit an application to the Secretary at such time and in such form and manner as the Secretary may reasonably require and include the information described in paragraph (2). (2) Application \nThe application referred to in paragraph (1) shall include, at a minimum— (A) a description of the prekindergarten early learning program that the State will establish; (B) a statement regarding how the State educational agency will administer funds to local educational agencies; (C) a description of the methods to be used to reach out to local educational agencies to promote this new program and ensure that information is distributed on an equitable basis to all local educational agencies; (D) a description of the goals in implementing a prekindergarten early learning program and how such goals will be achieved; (E) a description regarding how public schools and community partnerships may work together to reach the maximum number of children; (F) a description regarding how the State educational agency will share information with other local educational agencies regarding successful and innovative programs; and (G) a description of the long-term strategies for financing prekindergarten early learning programs. (c) Federal share \n(1) In general \nThe Federal share of the cost of projects funded under this Act shall not exceed— (A) 50 percent for the first fiscal year; (B) 45 percent for the second fiscal year; (C) 40 percent for the third fiscal year; (D) 30 percent for the fourth fiscal year; and (E) 25 percent for the fifth fiscal year and each subsequent year. (2) Supplement, not supplant \nA State educational agency or local educational agency shall use funds received under this Act only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of children participating in programs assisted under this Act, and not to supplant such funds.", "id": "HCFF78E86CA54409D8EBC07D3150857E", "header": "Program authorized" }, { "text": "3. Distribution of funds \n(a) Reservation for outlying areas \nFrom the amount made available under section 7 to carry out this Act, the Secretary shall reserve a total of 1 percent to provide assistance to the outlying areas on the basis of their respective need for such assistance according to such criteria as the Secretary determines will best carry out the purpose of this Act. (b) State distribution \nThe Secretary shall allocate the remainder of the amount made available under section 7 (after the reservation in subsection (a)) among eligible State educational agencies as follows: (1) 50 percent of such amount which bears the same ratio as the number of children ages 5 and under, inclusive, in the State bears to the number of such children in all States. (2) 50 percent of such amount shall be distributed according to each State’s share of allocations under part A of title I of the Elementary and Secondary Education Act of 1965. (c) Administrative funds \nOf the amount made available to a State educational agency under subsection (b), such agency may use not more than 5 percent of such amount for administrative purposes.", "id": "HB119D07149AF469C9659CA44CB170553", "header": "Distribution of funds" }, { "text": "4. Local activities \n(a) Local application \nTo be eligible to receive a grant award under this Act, a local educational agency shall submit an application to the State educational agency that includes— (1) a description of its proposed prekindergarten early learning program; (2) the goals and standards for such a program; (3) a description of how the agency may work in conjunction with child care providers outside of the public schools to provide community-based kindergarten early learning programs; and (4) any other information the State educational agency may reasonably require. (b) General uses of funds \nA local educational agency that receives a grant award under this Act shall use such funds to establish or expand a prekindergarten early learning program for children ages 5 and under in accordance with subsection (c). (c) Requirements \nEach local educational agency that receives funds under this Act for a prekindergarten early learning program shall— (1) make available transportation for children to participate in such programs; and (2) ensure that the ratio of children to staff for a prekindergarten early learning program does not exceed 18:2. (d) Permissible uses of funds \nA local educational agency that receives funds under this Act may use such funds— (1) for professional development for prekindergarten teachers and teacher assistants; (2) to provide health care services, such as primary preventative health and safety programs and health screening programs, and to promote enrollment in health insurance programs; (3) to work in conjunction with child care providers outside of the public schools to provide community-based prekindergarten early learning programs; and (4) to increase salaries for child care providers who work in prekindergarten early learning programs; (5) to provide funds to community partnerships.", "id": "H3579F835920C465BA7F8D818244EB61", "header": "Local activities" }, { "text": "5. Accountability \n(a) Local reports \nEach local educational agency that receives a grant award under this Act shall submit a report to the State educational agency every 2 years that— (1) describes the agency’s activities; (2) reports the number of children being served by new or expanded prekindergarten early learning programs; (3) describes any improvements in student achievement and school readiness; and (4) describes how the agency has reached the goals set forth in its application under section 4(a)(1) in providing early learning programs for children ages 5 and under. (b) State reports \nEach State educational agency that receives a grant award under this Act shall submit to the Secretary, not less than once every 2 years, a detailed summary of the information submitted under subsection (a). Such report shall also include a description regarding— (1) how the State educational agency administered funds to the local educational agencies; (2) the measures taken and the effectiveness of such efforts of the State educational agency in reaching out to local educational agencies to promote the program and ensuring information was distributed on an equitable basis; (3) how the State educational agency shared information with other local educational agencies regarding successful and innovative programs; and (4) the status of the State educational agency in developing long-term strategies for financing pre-K early learning programs.", "id": "H39D78F4DE9484738B6DADD3DC79524BE", "header": "Accountability" }, { "text": "6. Definitions \nFor purposes of this Act: (1) The term community partnership means an alliance between a local educational agency and 1 or more of the following entities: (A) Child care agency. (B) Special education provider. (C) Community-based organization. (2) The term outlying area means the Commonwealth of Puerto Rico and the United States Virgin Islands. (3) The term Secretary means the Secretary of Education. (4) The term State means each of the 50 States and the District of Columbia.", "id": "H4CF2387861E64815987313D468C11060", "header": "Definitions" }, { "text": "7. Authorization of appropriations \nThere are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2005 through 2009.", "id": "HB0EA449D9FD44E7E8419D8E9D3FDE8C", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Guard and Reserve Retirement Retainer Act of 2004.", "id": "HECF5C9398386440688A0E3F92D3B4607", "header": "Short title" }, { "text": "2. Eligibility for reduced non-regular service retired pay before age 60 \n(a) Eligibility beginning at age 55 \nSection 12731(a)(1) of title 10, United States Code, is amended by striking 60 years of age and inserting 55 years of age. (b) Reduced retired pay when commenced before age 60 \nSection 12739 of such title is amended— (1) in subsection (a), by inserting , subject to subsection (d), after this chapter is ; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following new subsection (d): (d) In the case of a person to whom payment of retired pay under this chapter commences after the person attains 55 years of age and before the person attains 60 years of age, the total amount of the monthly retired pay computed under subsections (a), (b), and (c) shall be reduced by the percentage specified for the age of the person when payment of the retired pay commences, as follows: Age (in years) when payment of retired pay commences: Percentage by which retired pay is to be reduced: 55 12.5 56 9.0 57 6.0 58 3.5 59 1.5..", "id": "HF9141EAA9BCD4247A4A5392C09BDCF00", "header": "Eligibility for reduced non-regular service retired pay before age 60" }, { "text": "3. Continuation of age 60 as minimum age for eligibility of non-regular service retirees for health care \nSection 1074(b) of title 10, United States Code, is amended— (1) by inserting (1) after (b) ; and (2) by adding at the end the following new paragraph: (2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age..", "id": "H27ED164ED27B4E49B600F4E3F512FAF0", "header": "Continuation of age 60 as minimum age for eligibility of non-regular service retirees for health care" }, { "text": "4. Effective date and applicability \nThis Act and the amendments made by this Act shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.", "id": "HFFEC6CF6961C4A63B15FF790232942D2", "header": "Effective date and applicability" } ]

[ { "text": "1. Eligibility for grants under rural and low-income school program \nThe Big Spring Independent School District in the State of Texas shall be eligible to receive a grant under subpart 2 of part B of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351 et seq. ; commonly referred to as the Rural and Low-Income School Program ) for any fiscal year in which the Big Spring Independent School District— (1) meets the eligibility criterion of section 6221(b)(1)(A) of such Act ( 20 U.S.C. 7351(b)(1)(A) ); and (2) would meet the eligibility criterion of section 6221(b)(1)(B) of such Act ( 20 U.S.C. 7351(b)(1)(A) ), but for the inclusion of the Federal prison population in the calculation of the school locale codes described in that section.", "id": "H2E3FE2E82184495E87205760A3AF1762", "header": "Eligibility for grants under rural and low-income school program" } ]

[ { "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" }, { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Freedom of the Press Reinforcement Act.", "id": "HA0C3F95F262440DBAEB564179BCC005C", "header": "Short title" }, { "text": "2. Application of visa waiver program to representatives of foreign press \n(a) Application of program \nSection 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended by adding at the end the following new subsection: (i) Special rule for foreign press \nAn alien may be classified as a nonimmigrant under section 101(a)(15)(B) for purposes of this section, notwithstanding that the alien is a representative of foreign press, radio, film, or other foreign information media seeking to enter the United States to engage in such vocation.. (b) Conforming amendment \nSection 101(a)(15)(B) of such Act ( 8 U.S.C. 1101(a)(15)(B) ) is amended by inserting after unskilled labor or the following: , except as provided in section 217(i),.", "id": "HC2EB5763DAC54F8F9D52DB2FD523985D", "header": "Application of visa waiver program to representatives of foreign press" } ]

[ { "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" }, { "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" } ]

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

[ { "text": "1. Monthly bonus for Individual Ready Reserve members ordered to active duty without the consent of the members \n(a) Involuntary duty bonus \nChapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 327. Special pay: monthly bonus for members of Individual Ready Reserve ordered to active duty without their consent \n(a) Monthly bonus required \nThe Secretary concerned shall pay a bonus under this section to each member of the Individual Ready Reserve who is ordered, without the consent of the member, to active duty for a period of more than 30 days. The bonus shall be paid for each month during which the member serves on active duty pursuant to that order. (b) Amount of bonus \n(1) The monthly rate of the bonus under this section is $500. (2) If a member entitled to a bonus under this section does not serve on active duty for an entire month, the Secretary concerned shall pay the member a pro rata portion of the bonus for those days of the month on which the member served on active duty. (c) Relationship to other pay or allowances \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 327. Special pay: monthly bonus for members of Individual Ready Reserve ordered to active duty without their consent. (c) Effective date \nSection 327 of title 37, United States Code, as added by subsection (a), shall apply to months beginning on or after October 1, 2004.", "id": "HE46EE9EC2A93416B9C0496B7C664DF0", "header": "Monthly bonus for Individual Ready Reserve members ordered to active duty without the consent of the members" }, { "text": "327. Special pay: monthly bonus for members of Individual Ready Reserve ordered to active duty without their consent \n(a) Monthly bonus required \nThe Secretary concerned shall pay a bonus under this section to each member of the Individual Ready Reserve who is ordered, without the consent of the member, to active duty for a period of more than 30 days. The bonus shall be paid for each month during which the member serves on active duty pursuant to that order. (b) Amount of bonus \n(1) The monthly rate of the bonus under this section is $500. (2) If a member entitled to a bonus under this section does not serve on active duty for an entire month, the Secretary concerned shall pay the member a pro rata portion of the bonus for those days of the month on which the member served on active duty. (c) Relationship to other pay or allowances \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.", "id": "HA47EEA1554614609914F0686EA90D985", "header": "Special pay: monthly bonus for members of Individual Ready Reserve ordered to active duty without their consent" }, { "text": "2. Preservation of veterans disability compensation benefits for members of the Individual Ready Reserve ordered to active duty \n(a) Title 38, United States Code \nSection 5304(c) of title 38, United States Code, is amended by adding at the end the following new sentence: The preceding sentence shall not apply to with respect to payment of compensation to a person who is a member of the Individual Ready Reserve of any of the reserve components for any period during which that person is on active duty after being released from the period of active duty during which that person incurred the disease or disability for which compensation is paid.. (b) Title 10, United States Code \nSection 12316(b) of title 10, United States Code, is amended— (1) by inserting (1) after (b) ; and (2) by adding at the end the following: (2) Notwithstanding subsection (a) and paragraph (1), a member of the Individual Ready Reserve who is entitled to disability compensation because of earlier military service and who is ordered to active duty without the consent of the member for a period of more than 30 days is entitled during that period of active duty both to that disability compensation and to the compensation described in subsection (a)(2).. (c) Effective date \nThe amendments made by subsections (a) and (b) shall apply to payment of compensation under title 38, United States Code, for months after December 2002.", "id": "HDEF5F6D39BC6478000F6007FABF8677C", "header": "Preservation of veterans disability compensation benefits for members of the Individual Ready Reserve ordered to active duty" } ]

[ { "text": "1. Extension of medicare cost-sharing for the medicare part b premium for qualifying individuals \n(a) In general \nSection 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) ) is amended by striking 2004 and inserting 2005. (b) Total amount available for allocation \nSection 1933(g) of the Social Security Act ( 42 U.S.C. 1396u–3(g) ) is amended to read as follows: (g) Special rules \n(1) In general \nWith respect to each period described in paragraph (2), a State shall select qualifying individuals, subject to paragraph (3), and provide such individuals with assistance, in accordance with the provisions of this section as in effect with respect to calendar year 2003, except that for such purpose— (A) references in the preceding subsections of this section to a year, whether fiscal or calendar, shall be deemed to be references to such period; and (B) the total allocation amount under subsection (c) for such period shall be the amount described in paragraph (2) for that period. (2) Periods and total allocation amounts described \nFor purposes of this subsection— (A) for the period that begins on January 1, 2004, and ends on September 30, 2004, the total allocation amount is $300,000,000; (B) for the period that begins on October 1, 2004, and ends on December 31, 2004, the total allocation amount is $100,000,000; and (C) for the period that begins on January 1, 2005, and ends on September 30, 2005, the total allocation amount is $300,000,000. (3) Rules for periods that begin after January 1 \nFor any specific period described in subparagraph (B) of paragraph (2), the following applies: (A) The specific period shall be treated as a continuation of the immediately preceding period in that calendar year for purposes of applying subsection (b)(2) and qualifying individuals who received assistance in the last month of such immediately preceding period shall be deemed to be selected for the specific period (without the need to complete an application for assistance for such period). (B) The limit to be applied under subsection (b)(3) for the specific period shall be the same as the limit applied under such subsection for the immediately preceding period. (C) The ratio to be applied under subsection (c)(2) for the specific period shall be the same as the ratio applied under such subsection for the immediately preceding period..", "id": "HCF5706727E0B4DB88BACE3EB315E132B", "header": "Extension of medicare cost-sharing for the medicare part b premium for qualifying individuals" } ]

[ { "text": "1. Suspension of duty on 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.07 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates (CAS No. 68187-22-4) (provided for in subheading 3908.90.70) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HF85AF22FB6FD4DCD97AE77CCB9FC90", "header": "Suspension of duty on 1,4-Benzenedicarboxylic acid, polymer with N,N’-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, methyl sulfates" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Stand By Your Internet Ad Act of 2004.", "id": "HBB64D2FD58104AE79DC8CD5F07BBB327", "header": "Short Title" }, { "text": "2. Clarification of Presentation of Identifying Information Within Authorized Printed Campaign Communications \n(a) Application to Communications Transmitted Through the Internet \nSection 318(c) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(c) ) is amended in the matter preceding paragraph (1) by striking subsection (a) and inserting the following: subsection (a), including the text of any communication described in such subsection which is transmitted through the Internet,. (b) Inclusion of Clearly Readable Identifying Statement \nSection 318(c) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(c) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) in the case of a communication described in paragraph (1) or (2) of such subsection, include a clearly readable statement identifying the candidate and stating that the candidate has approved the communication which occupies not less than 10 percent of the total area of the communication (or, in the case of the text of a communication transmitted through the Internet, is continuously visible and occupies such portion of the visible screen as may be necessary to be clearly legible based on the Internet connection of the recipient of the communication)..", "id": "H6CD7CEF66AB14B4FA67E43ABE65F978E", "header": "Clarification of Presentation of Identifying Information Within Authorized Printed Campaign Communications" }, { "text": "3. Application of Disclosure Requirements For Audio and Video Communications to Audio and Video Portions of Communications Transmitted Through Internet \nSection 318(d)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(d)(1) ) is amended by adding at the end the following new subparagraph: (C) Audio and video portions of communications transmitted through Internet \nIn the case of a communication described in paragraph (1) or (2) of subsection (a) which is transmitted through the Internet— (i) any audio portion of the communication shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio; and (ii) any video portion of the communication shall meet the requirements applicable under subparagraph (B) to communications transmitted through television..", "id": "H14D0FEB46619413CA0C8E0492F56C0C", "header": "Application of Disclosure Requirements For Audio and Video Communications to Audio and Video Portions of Communications Transmitted Through Internet" }, { "text": "4. Disclosure Requirements For Campaign Communications Made Through Prerecorded Telephone Calls \n(a) Application of Requirements \nSection 318(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(a) ) is amended by inserting after mailing, each place it appears the following: telephone call which consists in substantial part of a prerecorded audio message,. (b) Treatment as Audio Communication \nSection 318(d)(1) of such Act ( 2 U.S.C. 441d(d)(1) ), as amended by section 3, is further amended by adding at the end the following new subparagraph: (D) Prerecorded telephone calls \nAny communication described in paragraph (1) or (2) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio, except that the statement required under such subparagraph shall be made at the beginning of the telephone call..", "id": "H6B9F37C606B44E2386A44409FA9E0017", "header": "Disclosure Requirements For Campaign Communications Made Through Prerecorded Telephone Calls" }, { "text": "5. Effective Date \nThe amendments made by this Act shall apply with respect to communications made on or after January 1, 2005.", "id": "HB283886BE52E462DB126F40024798755", "header": "Effective Date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Bald Eagle Recovery and National Emblem Commemorative Coin Act", "id": "HBFE12867A9C14DBEB4A914E700495C00", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) The bald eagle was designated as the national emblem of the United States on June 20, 1782, by our country’s Founding Fathers at the Second Continental Congress. (2) The bald eagle is the greatest visible symbol of the spirit of freedom and democracy in the world. (3) The bald eagle species is unique to North America and represents the American values and attributes of freedom, courage, strength, spirit, loyalty, justice, equality, democracy, quality, and excellence. (4) The bald eagle is the central image used in the Great Seal of the United States and the seal of many branches and departments of the United States Government, including the President and the Vice President of the United States, the United States Congress, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal Service. (5) The bald eagle’s image and symbolism have played a profound role in establishing and honoring American beliefs and traditions. (6) The bald eagle’s image and symbolism have influenced American art, music, history, literature, commerce, and culture since the founding of our Nation. (7) The bald eagle species was once threatened with possible extinction in the lower 48 States but is now making a gradual, encouraging recovery within America’s lands, waterways, and skies. (8) The bald eagle was federally classified as an endangered species in 1973 under the Endangered Species Act of 1973, and, in 1995, was removed from the endangered species list and upgraded to the less imperiled threatened status under such Act. (9) The administration is likely to officially delist the bald eagle from both the endangered and threatened species lists under the Endangered Species Act of 1973 by no later than 2008. (10) The initial recovery of the bald eagle population in the United States was accomplished by the vigilant efforts of numerous caring agencies, corporations, organizations, and citizens. (11) The continued caring and concern of the American people and the further restoration and protection of the bald eagle and its habitat is necessary to guarantee the full recovery and survival of this precious national treasure for future generations. (12) Since the Endangered Species Act of 1973 requires that delisted species be administratively monitored for a 5-year period, the bald eagle nests in 49 States will require continual monitoring after the bald eagle is removed from the protection of such Act; and such efforts will require substantial funding to the Federal and State agencies and private organizations that will conduct such monitoring. (13) Due to Federal and State budget cutting and balancing trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished annually. (14) In anticipation of the nationwide observance of the official removal, by 2008, of the bald eagle from the threatened species list under the Endangered Species Act of 1973, and the 35th anniversary, in 2008, of the Endangered Species Act of 1973 and the designation of the bald eagle as an endangered species under such Act, Congress wishes to offer the opportunity for all persons to voluntarily participate in raising funds for future bald eagle recovery, monitoring, and preservation efforts and to contribute to a special American Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of Tennessee in the United States, in cooperation with fund management experts. (15) It is appropriate for Congress to authorize coins— (A) celebrating the recovery and restoration of the bald eagle, the living symbol of freedom in the United States, to America’s lands, waterways, and skies; (B) commemorating the removal of the bald eagle from the endangered and threatened species lists under the Endangered Species Act of 1973; and (C) commemorating the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the designation of the bald eagle as an endangered species under such Act.", "id": "H1050F58730E84CF2954E70F95DB589C2", "header": "Findings" }, { "text": "3. Coin specifications \n(a) Denominations \nIn celebration of the recovery of the bald eagle, the national living symbol of freedom, to America’s lands, waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the placement of the bald eagle on the endangered species list under such Act, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins \nNot more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins \nNot more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins \nNot more than 750,000 half dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H647777275978433D95FF206D5E84D6D4", "header": "Coin specifications" }, { "text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the bald eagle and its history, natural biology, and national symbolism. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2008 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "HD10D926990C948C88161372C33A154BB", "header": "Design of coins" }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008.", "id": "H50AD2C60DD2449CFB7F53E853DB85DD", "header": "Issuance of coins" }, { "text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "H9F3CCAD470624228865E12C251C00B", "header": "Sale of coins" }, { "text": "7. Surcharges \n(a) In general \nAll sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States for use solely for the following purposes: (1) To establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States, including the following: (A) Public education activities and events. (B) Habitat purchases and cooperative land agreements. (C) Raptor rehabilitation and captive breeding and hacking. (D) Behavior and migration research and wintering migration counts. (E) Facilitate the enforcement of laws protecting the bald eagle. (F) Nest-watch monitoring and eaglet banding. (G) Public viewing areas and visitor centers. (2) To make annual grants, in an amount not to exceed 10 percent of the annual income of the American Eagle Fund, to Federal, State, and private eagle restoration, protection, and enhancement projects within the 5 bald eagle recovery regions established by the United States Fish and Wildlife Service, in accordance with recommendations made by an advisory committee of recognized eagle experts which the Foundation shall establish. (3) To administer the American Eagle Fund, including contracting for necessary services, in an annual amount not to exceed the lesser of— (A) 10 percent of the annual income of the American Eagle Fund; or (B) $250,000. (4) To provide financial support for capital projects related to the restoration and protection of bald eagles in Tennessee and in the United States, in general. (5) To provide financial support for the continuation and expansion of the efforts of the American Eagle Foundation of Tennessee in the United States to educate the American people nationally about the livelihood, symbolism, and protection of the bald eagle, the national symbol of the United States, through the dissemination of information regarding bald eagles and their habitat at special events and through the media (including newspapers, magazines, radio, television, the Internet, and billboards). (c) Audits \nThe American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b).", "id": "H6B201534DB43459BABE8A4B328B4111B", "header": "Surcharges" } ]

[ { "text": "1. Amendment to Foreign Agents Registration Act \nSection 1(c) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(c) ), is amended— (1) in paragraph (1)(iv), by striking and after the semicolon; (2) in paragraph (2), by striking the period and inserting ; and ; and (3) by adding at the end the following: (3) any Senator or Member of the House of Representatives (as defined in section 205(j)(2) of title 18, United States Code) who enters into any written agreement with any foreign person to modify any law or regulation of the United States that would result in easing any restriction imposed on any country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism..", "id": "H81BB4C6AA37E403F88D6FEA9437E75C9", "header": "Amendment to Foreign Agents Registration Act" }, { "text": "2. Trade Sanctions Reform and Export Enhancement Act of 2000 \nSection 908(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7207(a) ) is amended by adding at the end the following new paragraph: (4) Certain agreements \nAny agreement or action on behalf of a foreign person or a business concern which is prohibited under section 205(j) of title 18, United States Code, shall be deemed to be United States export assistance prohibited under paragraph (1)..", "id": "HB87E1BB71E8E4D43A711F02CC87074B", "header": "Trade Sanctions Reform and Export Enhancement Act of 2000" }, { "text": "3. Sense of Congress regarding ethics violations \nIt is the sense of the Congress that any Senator or Member of the House of Representatives who violates section 205(j) of title 18, United States Code, should be sanctioned under the rules of the Senate or the House of Representatives, as the case may be.", "id": "HCD24671AA8BF4ED9933C3BBAE02C34DF", "header": "Sense of Congress regarding ethics violations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Veterans' Adjustable Rate Home Loan Extension Act of 2004.", "id": "HB03B2EFD1FF5499CAB4889EA01732E88", "header": "Short title" }, { "text": "2. Four-year extension of hybrid adjustable rate mortgage guarantee demonstration program \nSubsection (a) of section 3707A of title 38, United States Code, is amended by striking during fiscal years 2004 and 2005 and inserting during fiscal years 2004 through 2009.", "id": "HA92FD52E7E094C96BD6CF6DD3DB357F9", "header": "Four-year extension of hybrid adjustable rate mortgage guarantee demonstration program" } ]

[ { "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" }, { "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" }, { "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" } ]

[ { "text": "1. Suspension of duty on Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl- \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: 9902.33.71 Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl- (CAS Nos. 69563-51-5 and 81-68-5) (provided for in subheading 3204.11.35) 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 Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl-" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Respecting Our Leaders in Education Model Act of 2004 or ROLE Model Act of 2004.", "id": "HAF1B884284424521BC025C973DD081DA", "header": "Short title" }, { "text": "2. Full funding of part b of the Individuals with Disabilities Education Act \n(a) Waiver authority \nSubject to subsection (c), section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) (relating to the identification of schools for school improvement, corrective action, or restructuring) shall not apply in a State if— (1) for any fiscal year the Federal Government appropriates for the purpose of carrying out part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) an amount that is less than the amount determined under subsection (b); and (2) the State chooses to waive the application of such section 1116(b). (b) Amount \nThe amount referred to in subsection (a)(1) is the product of— (1) the number of children with disabilities in all States who are receiving special education and related services— (A) aged 3 through 5 if the State is eligible for a grant under section 619; and (B) aged 6 through 21; and (2) 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States. (c) Limitation \nFor any fiscal year described in subsection (a)(1), a State may waive the application of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) for not more than 3 consecutive school years, beginning with the school year that commences during the fiscal year involved. (d) Continued funding \nA State’s decision under this section to waive the provisions of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) shall not affect the State’s eligibility for, or receipt of, funds under such Act. (e) State \nFor purposes of this section, the term State has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "HC7F1CB84D6BF458D83349EE200BA787", "header": "Full funding of part b of the Individuals with Disabilities Education Act" } ]

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

[ { "text": "That (a) Chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters \n(a) Offenses \n(1) Sale \nWhoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession \nWhoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both. (b) Definitions \nIn this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase.. (b) The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following: 39. Traffic signal preemption transmitters.", "id": "H285A5BD8F4204751BB77BFA1B964D4CC", "header": null }, { "text": "39. Traffic signal preemption transmitters \n(a) Offenses \n(1) Sale \nWhoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a person who is not a government approved user of such a transmitter shall be fined under this title or imprisoned not more than 1 year, or both. (2) Possession \nWhoever, not being a government approved user of a traffic signal preemption transmitter, knowingly possesses a traffic signal preemption transmitter in or affecting interstate or foreign commerce shall be fined under this title or imprisoned not more than 6 months, or both. (b) Definitions \nIn this section, the term traffic signal preemption transmitter means any device or mechanism that can change a traffic signal’s phase.", "id": "H5377742445E0482C98F1BBD0FA8496A9", "header": "Traffic signal preemption transmitters" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Democracy in Congress Act of 2004.", "id": "HAA50A71355C547338C49A52EEE69E471", "header": "Short title" }, { "text": "101. Same-day consideration of Rules Committee reports \nIn rule XIII of the Rules of the House of Representatives, clause 6(a) is amended by striking the same day and inserting the same calendar day or less than 17 hours after that.", "id": "H6DB2BFEFA4984F3BBE3E6264EA00D940", "header": "Same-day consideration of Rules Committee reports" }, { "text": "102. Maximum voting time \n(a) Electronic Voting \nIn rule XX of the Rules of the House of Representatives, the last sentence of clause 2(a) is amended by inserting and the maximum time shall be 30 minutes before the period. (b) Teller votes \nIn rule XX of the Rules of the House of Representatives, the last sentence of clause 4(a) is amended by inserting and the maximum time shall be 30 minutes before the period. (c) Postponing Record Votes \nIn rule XX of the Rules of the House of Representatives, clause 8(c) is amended by inserting and the maximum time is 30 minutes before the period.", "id": "HA907A1C1267242829B3DFD30A9EAE9B9", "header": "Maximum voting time" }, { "text": "103. Restriction of late night voting \nRule XX of the Rules of the House of Representatives is amended by adding at the end the following new clause: 12. Except for a motion to adjourn, it shall not be in order to conduct a vote on any measure or matter after midnight or before 7 a.m. on any calendar day unless, on the previous calendar day, the House has approved such late night voting on such calendar day by an affirmative vote of two-thirds of those voting, a quorum being present..", "id": "HEE123583992B45C5A196C4C2C5C0F65E", "header": "Restriction of late night voting" }, { "text": "104. Restrictive rule limitation \nClause 6 of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (h) It shall not be in order to consider any rule or order reported from the Committee on Rules providing for the consideration of any bill or resolution otherwise subject to amendment under House rules if that resolution limits the right of Members to offer germane amendments to such bill or resolution unless at least one amendment in the nature of a substitute and two additional amendments, if requested in writing by the minority leader, are allowed to be offered by the minority leader (or the minority leader’s designee) to such bill or resolution by such rule or order..", "id": "H3354A07CDAC64DCB94403F1F68BFC16", "header": "Restrictive rule limitation" }, { "text": "105. Two-thirds requirement for certain waivers under the Rules of the House \n(a) Two-thirds Requirement \nClause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period and inserting a semicolon at the end of subparagraph (2) and by adding at the end the following new subparagraph: (3) a rule or order which would waive the layover requirement of clause 8 of rule XXII concerning the availability of reports, would waive the three-day layover requirement or the three-day Internet availability requirement of clause 4(a)(1) of this rule or of clause 8(a)(1) of rule XXII, or would waive the scope requirement of the last sentence of clause 9 of rule XXII by a vote of less than two-thirds of the Members voting, a quorum being present.. (b) Conforming Amendment \nClause 6(a) of rule XIII of the Rules of the House of Representatives is amended by striking subparagraph (2), by inserting or after the semicolon at the end of subparagraph (1), and by redesignating subparagraph (3) as subparagraph (2).", "id": "H626C0CC13AEA4B2FAA4DED0246B93F2D", "header": "Two-thirds requirement for certain waivers under the Rules of the House" }, { "text": "106. Two-thirds requirement for availability of certain measures on the Internet \n(a) Committee Reports \nClause 4(a)(1) of rule XIII of the Rules of the House of Representatives is amended by inserting and until the third such calendar day on which the underlying measure or matter has been made available by the Committee on Rules on its Internet site before the period. (b) Conference Reports \nClause 8(a)(1)(A) of rule XXII of the Rules of the House of Representatives is amended by inserting and until the third such calendar day on which such conference report and joint explanatory statement have been made available by the standing committee of the House with subject matter jurisdiction over the underlying legislation on its Internet site before the semicolon.", "id": "HD64F59F09CCB4F7BB048E49429EBDD9B", "header": "Two-thirds requirement for availability of certain measures on the Internet" }, { "text": "107. Committee on House Administration \nIn rule X of the Rules of the House of Representatives, clause 5(a) is amended by adding at the end the following new subparagraph: (5) (A) One-half of the members of the Committee on House Administration shall be from the majority party and one-half shall be from the minority party. (B) In the case of the Committee on House Administration, subpoenas may be authorized and issued as provided by clause 2(m) of rule XI, except that either the chairman or ranking minority party member of that committee may authorize and issue subpoenas under that clause..", "id": "H61D8B019F80F41D9B04252BF5622E437", "header": "Committee on House Administration" }, { "text": "108. Control of Committee on Government Reform \nIn rule X, clause 5(a) (as amended by section 107) is further amended by adding the following new subparagraph: (6) Notwithstanding the provisions of paragraph (c)(1), the majority of the membership, including the chairman, of the Committee on Government Reform, shall be composed of Members of a major political party other than the political party of which the President of the United States is a member..", "id": "HB7FD25829E284B1686C9CEDED2B04A5", "header": "Control of Committee on Government Reform" }, { "text": "109. Conference committee disclosure requirement \n(a) Clear Identification of New Material in Conference Reports \nIn rule XXII, clause 7(e) is amended by adding at the end the following new sentence: The joint explanatory statement shall separately identify and explain each provision of the report which was not contained in the bill or resolution (or House or Senate amendment thereto, as applicable) for which the committee of conference was held, and, if possible, identify the Member who proposed such provision.. (b) Sense of the Congress on Conference Committee Protocols \nIt is the sense of the Congress that— (1) conference committees should hold regular, formal meetings of all conferees; (2) all conferees should be given adequate notice of the time and place of all such meetings; and (3) all conferees should be afforded an opportunity to participate in full and complete debates of the matters that such conference committees may recommend to their respective Houses.", "id": "H5ED6BCAE5564494FB53C314D275C00D4", "header": "Conference committee disclosure requirement" }, { "text": "110. Creation of bipartisan blue-ribbon Commission on House oversight \n(a) Establishment of Commission \nThere is established a Commission to assess the extent to which the House of Representatives has upheld its constitutional responsibility to oversee the executive branch and suggest structural and procedural changes to improve the oversight processes. (b) Membership and Appointment \n(1) The Commission shall be composed of 10 members of whom 5 shall be appointed by the Speaker of the House and 5 by the minority leader of the House from among individuals who have significant knowledge or experience in the matters to be studied by the Commission. (2) Of the members appointed by the Speaker and by the minority leader, one appointed by each shall be a former member of the House of Representatives and one appointed by each shall be a former officer or employee of the executive branch. (3) A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Six members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (5) The Commission shall have 2 co-chairs. One shall be designated by the Speaker and one by the minority leader from among the members of the Commission appointed by such individual. (6) The Commission shall meet at the call of the co-chairmen. (7) Each member of the Commission who is not an officer or employee of the Government 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. The 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 services for the Commission. (c) Director and Staff \nThe Director and staff of the Commission shall be appointed without regard to the civil service laws and regulations. The Director shall be compensated at the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The co-chairmen may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Powers \nThe Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (e) Report \nThe Commission shall transmit a final report to the House of Representatives not later than one year after the date of enactment of this Act. The final report shall contain a detailed report of the findings and conclusions of the Commission, together with its recommendations for such legislation as it considers appropriate. (f) Termination \nThe Commission shall cease to exist 30 days after submitting its final report pursuant to subsection (e).", "id": "H501C60156E9D49AFBC868B5125B9EDDD", "header": "Creation of bipartisan blue-ribbon Commission on House oversight" }, { "text": "201. Extension of certain post-employment lobbying restrictions \n(a) Senior executive personnel \nSection 207(c)(1) of title 18, United States Code, is amended by striking within 1 year after and inserting within 3 years after. (b) Members of congress \nSection 207(e)(1) of such title is amended by adding at the end the following new subparagraph: (E) (i) Any person who is a Member of Congress and who, within 3 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of a committee described in clause (ii) on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress seeks action by a Member, officer, or employee of that committee, in his or her official capacity, shall be punished as provided in section 216 of this title. (ii) A committee referred to in clause (i) is any committee of which the former Member of Congress was a Member within 1 year before leaving office..", "id": "HCABD1050933E4C978C07FE81C5E8A08C", "header": "Extension of certain post-employment lobbying restrictions" }, { "text": "202. Electronic filing of lobbying disclosure reports \nSection 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) is amended by adding at the end the following new subsection: (d) Electronic filing required \nA report required to be filed under this section shall be filed in electronic form, in addition to any other form that may be required by the Secretary of the Senate or the Clerk of the House of Representatives..", "id": "H36988EA333C349AC8EB520B806EEC3F7", "header": "Electronic filing of lobbying disclosure reports" }, { "text": "203. Public database of lobbying disclosure information \n(a) Database required \nSection 6 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605 ) is amended— (1) in paragraph (7) by striking and at the end; (2) in paragraph (8) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (9) maintain, and make available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, an electronic database that— (A) includes the information contained in registrations and reports filed under this Act; (B) directly links the information it contains to the information disclosed in reports filed with the Federal Election Commission under section 304 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434 ); and (C) is searchable and sortable to the maximum extent practicable, including searchable and sortable by each of the categories of information described in section 4(b) or 5(b).. (b) Availability of reports \nSection 6 of such Act is further amended in paragraph (4) by inserting before the semicolon at the end the following: and, in the case of a report filed in electronic form pursuant to section 5(d), shall make such report available for public inspection over the Internet not more than 48 hours after the report is so filed. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out paragraph (9) of section 6 of such Act, as added by subsection (a).", "id": "H14C60350BFC34B4200EAC291533BFCA6", "header": "Public database of lobbying disclosure information" }, { "text": "204. Quarterly filing of lobbying disclosure reports \n(a) Quarterly filing required \nSection 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) is further amended— (1) in subsection (a)— (A) by striking Semiannual and inserting Quarterly ; (B) by striking the semiannual period and all that follows through July of each year and insert the quarterly period beginning on the first days of January, April, July, and October of each year ; and (C) by striking such semiannual period and insert such quarterly period ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking semiannual report and inserting quarterly report ; (B) in paragraph (2), by striking semiannual filing period and inserting quarterly period ; (C) in paragraph (3), by striking semiannual period and inserting quarterly period ; and (D) in paragraph (4), by striking semiannual filing period and inserting quarterly period. (b) Conforming amendments \n(1) Definition \nSection 3 of such Act ( 2 U.S.C. 1602 ) is amended in paragraph (10) by striking six month period and inserting three-month period. (2) Registration \nSection 4 of such Act ( 2 U.S.C. 1603 ) is amended— (A) in subsection (a)(3)(A) by striking semiannual period and inserting quarterly period ; and (B) in subsection (b)(3)(A) by striking semiannual period and inserting quarterly period. (3) Enforcement \nSection 6 of such Act ( 2 U.S.C. 1605 ) is amended in paragraph (6) by striking semiannual period and inserting quarterly period. (4) Estimates \nSection 15 of such Act ( 2 U.S.C. 1610 ) is amended— (A) in subsection (a)(1) by striking semiannual period and inserting quarterly period ; and (B) in subsection (b)(1) by striking semiannual period and inserting quarterly period. (5) Dollar amounts \n(A) Section 4 of such Act ( 2 U.S.C. 1603 ) is further amended— (i) in subsection (a)(3)(A)(i), by striking $5,000 and inserting $2,500 ; (ii) in subsection (a)(3)(A)(ii), by striking $20,000 and inserting $10,000 ; (iii) in subsection (b)(3)(A), by striking $10,000 and inserting $5,000 ; and (iv) in subsection (b)(4), by striking $10,000 and inserting $5,000. (B) Section 5 of such Act ( 2 U.S.C. 1604 ) is further amended— (i) in subsection (c)(1), by striking $10,000 and $20,000 and inserting $5,000 and $10,000 , respectively; and (ii) in subsection (c)(2), by striking $10,000 both places such term appears and inserting $5,000.", "id": "HFC436BFABECD4635A624B4E896ECCF92", "header": "Quarterly filing of lobbying disclosure reports" }, { "text": "205. Disclosure of grassroots activities by paid lobbyists \nSection 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ) is amended— (1) in paragraph (8) by adding at the end the following new subparagraph: (C) Grassroots activities \nNotwithstanding subparagraph (B), the term lobbying contact also includes a grassroots lobbying communication. ; and (2) by adding at the end the following new paragraph: (17) Grassroots lobbying communication \nThe term grassroots lobbying communication means an attempt to influence legislation or executive action through the use of mass communications (except mass communications through the Internet) directed to the general public and designed to encourage recipients to take specific action with respect to specific legislation or executive action, except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders. For purposes of this paragraph, a communication is designed to encourage a recipient if any of the following applies: (A) The communication states that the recipient should contact a legislator, or should contact an officer or employee of an executive agency. (B) The communication provides the address, phone number, and contact information of a legislator or of an officer or employee of an executive agency. (C) The communication provides a petition, tear-off postcard, or similar material for the recipient to send to a legislator or to an officer or employee of an executive agency. (D) (i) Subject to clause (ii), the communication specifically identifies an individual who— (I) is in a position to consider or vote on the legislation; (II) represents the recipient in Congress; or (III) is an officer or employee of the executive agency to which the legislation or executive action relates. (ii) A communication described in clause (i) is a grassroots lobbying communication only if it is a communication that cannot meet the full and fair exposition test as nonpartisan analysis, study, or research..", "id": "H1DD857700D77400BB22C41D719E0C67D", "header": "Disclosure of grassroots activities by paid lobbyists" }, { "text": "206. Identification of officials with whom lobbying contacts are made \nSection 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) is further amended in subsection (b)(2)— (1) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: (B) for each specific issue listed pursuant to subparagraph (A), a list identifying each covered executive branch official and each Member of Congress with whom a lobbyist employed by the registrant engaged in a lobbying contact with respect to that issue;.", "id": "H2FF797310D5F44EDAFB2B90117461EC6", "header": "Identification of officials with whom lobbying contacts are made" }, { "text": "207. Disclosure of lobbying activities by certain coalitions and associations \n(a) In general \nParagraph (2) of section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ) is amended to read as follows: (2) Client \n(A) In general \nThe term client means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. (B) Treatment of coalitions and associations \n(i) In general \nExcept as provided in clauses (ii) and (iii), in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association (and not the coalition or association) is the client. For purposes of section 4(a)(3), the preceding sentence shall not apply, and only the coalition or association shall be treated as the client. (ii) Exception for certain tax-exempt associations \nIn case of an association— (I) which is described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or (II) which is described in any other paragraph of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code and which has substantial exempt activities other than lobbying with respect to the specific issue for which it engaged the person filing the registration statement under section 4, the association (and not its members) shall be treated as the client. (iii) Exception for certain members \n(I) In general \nInformation on a member of a coalition or association need not be included in any registration under section 4 if the amount reasonably expected to be contributed by such member toward the activities of the coalition or association of influencing legislation is less than $500 per any quarterly period. (II) Exception \nSubclause (I) shall not apply with respect to any member who unexpectedly makes aggregate contributions of more than $500 in any quarterly period, and the date the aggregate of such contributions first exceeds $500 in such period shall be treated as the date of first employment or retention to make a lobbying contact for purposes of section 4. (iv) Look-through rules \nIn the case of a coalition or association which is treated as a client under the first sentence of clause (i)— (I) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a client under clause (i), and (II) information on such coalition or association need not be included in any registration under section 4 of the coalition or association with respect to which it is treated as a client under clause (i).. (b) Effective date \n(1) In general \nThe amendments made by this section shall apply to— (A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 after the date of the enactment of this Act, and (B) coalitions and associations for whom any lobbying contact is made after the date of the enactment of this Act. (2) Special rule \nIn the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the person required by such section 4 to file a registration statement with respect to such coalition or association shall file a new registration statement within 30 days after the date of the enactment of this section.", "id": "HE7010C6EA87B47618EBB8648DF02FF10", "header": "Disclosure of lobbying activities by certain coalitions and associations" }, { "text": "208. Reform of waiver process for acts affecting a personal financial interest \nSection 208 of title 18, United States Code, is amended— (1) in subsection (b)(1)— (A) by inserting after the Government official responsible for appointment to his or her position the following: and the Office of Government Ethics ; and (B) by striking a written determination made by such official and inserting a written determination made by the Office of Government Ethics, after consultation with such official, ; and (2) in subsection (b)(3), by striking the official responsible for the employee’s appointment, after review of and inserting the Office of Government Ethics, after consultation with the official responsible for the employee’s appointment and after review of ; and (3) in subsection (d)(1)— (A) by striking Upon request and all that follows through Ethics in Government Act of 1978. and inserting In each case in which the Office of Government Ethics makes a determination granting an exemption under subsection (b)(1) or (b)(3) to a person, the Office shall, not later than 3 business days after making such determination, make available to the public pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978, and publish in the Federal Register, such determination and the materials submitted by such person in requesting such exemption. ; and (B) strike the agency may withhold and insert the Office of Government Ethics may withhold.", "id": "HFD40724977FA4D4492520067528155F2", "header": "Reform of waiver process for acts affecting a personal financial interest" }, { "text": "209. Public Disclosure by Members of Congress of Employment Negotiations \n(a) House of Representatives \nThe Code of Official Conduct set forth in rule XXIII of the Rules of the House of Representatives is amended by redesignating clause 14 as clause 15 and by inserting after clause 13 the following new clause: 14. A Member, Delegate, or Resident Commissioner shall publicly disclose the fact that he or she is negotiating or has any arrangement concerning prospective employment if a conflict of interest or the appearance of a conflict of interest may exist.. (b) Senate \n[Text to be supplied by the Senate].", "id": "H9B1B523CA1494DBDABB770078CE43284", "header": "Public Disclosure by Members of Congress of Employment Negotiations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Redistricting Integrity Act.", "id": "H1CCFD844D33F4C26A94D6870C2942C66", "header": "Short title" }, { "text": "2. Limit on congressional redistricting after an apportionment \nThe Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), may not be redistricted again until after the next apportionment of Representatives under such section, unless a Federal court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. )..", "id": "H2E8C27D2DA894BE99EFC30A606DBE348", "header": "Limit on congressional redistricting after an apportionment" } ]

[ { "text": "1. WAIVER OF NUMERICAL LIMITATION FOR CERTAIN H2B NONIMMIGRANTS \n(a) In General \nNotwithstanding section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ), the numerical limitation contained in such section shall not apply, in fiscal year 2004, to an alien for whom an employer described in subsection (b) files a petition described in section 214(c)(1) of such Act ( 8 U.S.C. 1184(c)(1) ). (b) Employers Described \nAn employer described in this subsection is an employer who lawfully employed, in fiscal year 2003, a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ). (c) Limitation \nSubsection (a) shall cease to apply to an alien when the number of petitions under section 214(c)(1) of such Act approved in fiscal year 2004 for the employer petitioning for such alien, with respect to the importation of aliens as nonimmigrants under section 101(a)(15)(H)(ii)(b) of such Act, exceeds the number of such nonimmigrants lawfully employed by the employer in fiscal year 2003.", "id": "HFD130DA9BB714CE7B671641076E342C4", "header": "WAIVER OF NUMERICAL LIMITATION FOR CERTAIN H2B NONIMMIGRANTS" } ]

[ { "text": "1. Short title \nThis Act may be cited as the International Remittance Consumer Protection Act of 2004.", "id": "H26B7E55309B54BC5001B35152D00CD42", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) In 2003, worker remittances from the United States to Latin America reached $31,000,000,000 and that volume is expected to rise as the region is both the fastest growing remittance market in the world and has the highest volume of remittances in the world. (2) Of the $31,000,000,000 in remittances to Latin America, $14,000,000,000 went to Mexico: an amount exceeding the country’s total revenues from tourism, and representing more than 2/3 of the value of petroleum exports and roughly 180 percent of the amount of agricultural exports. (3) Remittances account for at least 10 percent of the gross domestic product of 6 countries in Latin America: Haiti, Nicaragua, El Salvador, Jamaica, the Dominican Republic, and Guyana. (4) The Declaration of Nuevo León from the January 2004 Special Summit of the Americas recognized that … remittances are an important source of capital in many countries of the Hemisphere …. (5) The Declaration of Nuevo León also committed the countries of the Americas to … take concrete actions to promote the establishment, as soon as possible, of necessary conditions, in order to achieve the goal of reducing by at least half the regional average cost of these transfers no later than 2008. (6) Studies have shown that that, on average, around 10 percent of remittances received are saved or invested by the recipients which supports 2 conclusions: that some percentage of recipients are therefore in a position to use remittance money to create new businesses and that financial institutions can also use remittances as the basis of credit for entrepreneurs starting small or micro-enterprises. (7) Since affordable, long-term mortgages are not widely available in many countries of the Western Hemisphere, financial institutions can increase the number of mortgages they provide to poor people in the region by using remittances as the basis for credit. (8) The Multilateral Investment Fund of the Inter-American Development Bank estimates that in February of 2004, the average cost in the United States of sending a remittance to a Latin American country was roughly 8 percent of the amount remitted. (9) The Multilateral Investment Fund also estimates that roughly 61 percent of adult foreign-born Hispanic persons living in the United States, about 10,000,000 people, send remittances to their countries of origin in Latin America and that the amount of the average remittance to Latin America ranges between $200 and $300. (10) The Multilateral Investment Fund estimates that the States of California, New York, Texas, Florida, Illinois, and New Jersey each remit more than $1,000,000,000 annually to Latin America, and will account for $21,700,000,000, or roughly 70 percent of the $31,000,000,000 in remittances going to Latin America in 2004. (11) Recent surveys show that nearly 80 percent of individuals sending remittances use international money transfer companies, and fewer than 10 percent use banks and credit unions. (12) Roughly 1/2 of Latin American immigrants in the United States hold bank accounts, and only 10 percent of the recipients in Latin America of remittances from the United States hold bank accounts. (13) Individuals and families without access to the banking system, in the United States and elsewhere in the Americas, pay higher fees, have difficulty conducting financial transactions, and lack the ability to establish credit records or obtain other benefits from financial institutions. (14) The Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) recently agreed to notify financial institutions that the remittances services they offer to consumers can receive consideration in any evaluation under the Community Reinvestment Act of 1977 as both a retail service, and as a community development service if remittances serve to increase access to financial services by low- and moderate-income individuals. (15) The Federal banking agencies also agreed that current regulations under the Community Reinvestment Act of 1977 provide for a distinction between the mere provision of remittances services by a financial institution and the responsiveness of such services to the financial services needs of low- and moderate-income individuals—thereby allowing for the consideration of lower cost remittances services in an evaluation under such Act. (16) The increased participation of regulated financial institutions, such as banks, savings associations, and credit unions, holds the potential for reducing the costs of remittances while at the same time offering the opportunity to bank the unbanked in Latin American immigrant communities in the United States.", "id": "H80CCD8ADB651461BAE70C156B200009B", "header": "Findings" }, { "text": "3. Treatment of remittance transfers \n(a) In general \nThe Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. ) is amended— (1) in section 902(b), by inserting and remittance after electronic fund ; (2) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (3) by inserting after section 917 the following: 918. Remittance transfers \n(a) Disclosures required for remittance transfers \n(1) In general \nEach remittance transfer provider shall make disclosures to consumers, as specified by this section and augmented by regulation of the Board. (2) Specific disclosures \nIn addition to any other disclosures applicable under this title, a remittance transfer provider shall clearly and conspicuously disclose, in writing and in a form that the consumer may keep, to each consumer requesting a remittance transfer— (A) at the time at which the consumer makes the request, and prior to the consumer making any payment in connection with the transfer— (i) the total amount of currency that will be required to be tendered by the consumer in connection with the remittance transfer; (ii) the amount of currency that will be sent to the designated recipient of the remittance transfer, using the values of the currency into which the funds will be exchanged; (iii) the total remittance transfer cost, identified as the Total Cost ; and (iv) an itemization of the charges included in clause (iii), as determined necessary by the Board; and (B) at the time at which the consumer makes payment in connection with the remittance transfer, if any— (i) a receipt showing— (I) the information described in subparagraph (A); (II) the promised date of delivery; (III) the name and telephone number or address of the designated recipient; and (ii) a notice containing— (I) information about the rights of the consumer under this section to resolve errors; and (II) appropriate contact information for the remittance transfer provider and its State licensing authority and Federal or State regulator, as applicable. (3) Exemption authority \nThe Board may, by rule, and subject to subsection (d)(3), permit a remittance transfer provider— (A) to satisfy the requirements of paragraph (2)(A) orally if the transaction is conducted entirely by telephone; (B) to satisfy the requirements of paragraph (2)(B) by mailing the documents required under such paragraph to the consumer not later than 1 business day after the date on which the transaction is conducted, if the transaction is conducted entirely by telephone; and (C) to satisfy the requirements of subparagraphs (A) and (B) of paragraph (2) with 1 written disclosure, but only to the extent that the information provided in accordance with paragraph (2)(A) is accurate at the time at which payment is made in connection with the subject remittance transfer. (b) Foreign language disclosures \nThe disclosures required under this section shall be made in English and in the same languages principally used by the remittance transfer provider, or any of its agents, to advertise, solicit, or market, either orally or in writing, at that office, if other than English. (c) Remittance transfer errors \n(1) Error resolution \n(A) In general \nIf a remittance transfer provider receives oral or written notice from the consumer within 365 days of the promised date of delivery that an error occurred with respect to a remittance transfer, including that the full amount of the funds to be remitted was not made available to the designated recipient in the foreign country, the remittance transfer provider shall resolve the error pursuant to this subsection. (B) Remedies \nNot later than 90 days after the date of receipt of a notice from the consumer pursuant to subparagraph (A), the remittance transfer provider shall, as applicable to the error and as designated by the consumer— (i) refund to the consumer the total amount of funds tendered by the consumer in connection with the remittance transfer which was not properly transmitted; (ii) make available to the designated recipient, without additional cost to the designated recipient or to the consumer, the amount appropriate to resolve the error; (iii) provide such other remedy, as determined appropriate by rule of the Board for the protection of consumers; or (iv) demonstrate to the consumer that there was no error. (2) Regulations \nThe Board shall establish, by regulation, clear and appropriate standards for remittance transfer providers with respect to error resolution relating to remittance transfers, to protect consumers from such errors. (d) Applicability of other provisions of law \n(1) Applicability of title 18 and title 31 provisions \nA remittance transfer provider may only provide remittance transfers if such provider is in compliance with the requirements of section 5330 of title 31, United States Code, and section 1960 of title 18, United States Code, as applicable. (2) Applicability of this title \n(A) Exclusions for certain remittances \nA remittance transfer that is not an electronic fund transfer, as defined in section 903, shall not be subject to any of sections 905 through 913. (B) Full applicability for certain remittances \nA remittance transfer that is an electronic fund transfer, as defined in section 903, shall be subject to all provisions of this title that are otherwise applicable to electronic fund transfers under this title. (3) Rule of construction \nNothing in this section shall be construed— (A) to affect the application to any transaction, to any remittance provider, or to any other person of any of the provisions of subchapter II of chapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act , or chapter 2 of title I of Public Law 91–508 , or any regulations promulgated thereunder; or (B) to cause any fund transfer that would not otherwise be treated as such under paragraph (2) to be treated as an electronic fund transfer, or as otherwise subject to this title, for the purposes of any of the provisions referred to in subparagraph (A) or any regulation prescribed under such subparagraph. (e) Publication of exchange rates \nThe Secretary of the Treasury shall make available to the public in electronic form, not later than noon on each business day, the dollar exchange rate for all foreign currencies, using any methodology that the Secretary determines appropriate, which may include the methodology used pursuant to section 613(b) of the Foreign Assistance Act of 1961. (f) Agents and subsidiaries \nA remittance transfer provider shall be liable for any violation of this section by any agent or subsidiary of that remittance transfer provider. (g) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Exchange rate fee \nThe term exchange rate fee means the difference between the total dollar amount transferred, valued at the exchange rate offered by the remittance transfer provider, and the total dollar amount transferred, valued at the exchange rate posted by the Secretary of the Treasury in accordance with subsection (e) on the business day prior to the initiation of the subject remittance transfer. (2) Remittance transfer \nThe term remittance transfer means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act) transfer of funds at the request of a consumer located in any State to a person in another country that is initiated by a remittance transfer provider, whether or not the consumer is an account holder of the remittance transfer provider or whether or not the remittance transfer is also an electronic fund transfer, as defined in section 903. (3) Remittance transfer provider \nThe term remittance transfer provider means any person or financial institution that provides remittance transfers on behalf of consumers in the normal course of its business, whether or not the consumer is an account holder of that person or financial institution. (4) State \nNotwithstanding the definition contained in section 903, the term State means any of the several States, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. (5) Total remittance transfer cost \nThe term total remittance transfer cost means the total cost of a remittance transfer expressed in dollars, including all fees charged by the remittance transfer provider, including the exchange rate fee.. (b) Effect on State laws \nSection 919 of the Electronic Fund Transfer Act ( 12 U.S.C. 1693q ) is amended— (1) in the 1st sentence, by inserting or remittance transfers (as defined in section 918) after transfers ; and (2) in the 2nd sentence, by inserting , or remittance transfer providers (as defined in section 918), in the case of remittance transfers, after financial institutions.", "id": "H02D8D123C1C44019AE1000E76697253C", "header": "Treatment of remittance transfers" }, { "text": "918. Remittance transfers \n(a) Disclosures required for remittance transfers \n(1) In general \nEach remittance transfer provider shall make disclosures to consumers, as specified by this section and augmented by regulation of the Board. (2) Specific disclosures \nIn addition to any other disclosures applicable under this title, a remittance transfer provider shall clearly and conspicuously disclose, in writing and in a form that the consumer may keep, to each consumer requesting a remittance transfer— (A) at the time at which the consumer makes the request, and prior to the consumer making any payment in connection with the transfer— (i) the total amount of currency that will be required to be tendered by the consumer in connection with the remittance transfer; (ii) the amount of currency that will be sent to the designated recipient of the remittance transfer, using the values of the currency into which the funds will be exchanged; (iii) the total remittance transfer cost, identified as the Total Cost ; and (iv) an itemization of the charges included in clause (iii), as determined necessary by the Board; and (B) at the time at which the consumer makes payment in connection with the remittance transfer, if any— (i) a receipt showing— (I) the information described in subparagraph (A); (II) the promised date of delivery; (III) the name and telephone number or address of the designated recipient; and (ii) a notice containing— (I) information about the rights of the consumer under this section to resolve errors; and (II) appropriate contact information for the remittance transfer provider and its State licensing authority and Federal or State regulator, as applicable. (3) Exemption authority \nThe Board may, by rule, and subject to subsection (d)(3), permit a remittance transfer provider— (A) to satisfy the requirements of paragraph (2)(A) orally if the transaction is conducted entirely by telephone; (B) to satisfy the requirements of paragraph (2)(B) by mailing the documents required under such paragraph to the consumer not later than 1 business day after the date on which the transaction is conducted, if the transaction is conducted entirely by telephone; and (C) to satisfy the requirements of subparagraphs (A) and (B) of paragraph (2) with 1 written disclosure, but only to the extent that the information provided in accordance with paragraph (2)(A) is accurate at the time at which payment is made in connection with the subject remittance transfer. (b) Foreign language disclosures \nThe disclosures required under this section shall be made in English and in the same languages principally used by the remittance transfer provider, or any of its agents, to advertise, solicit, or market, either orally or in writing, at that office, if other than English. (c) Remittance transfer errors \n(1) Error resolution \n(A) In general \nIf a remittance transfer provider receives oral or written notice from the consumer within 365 days of the promised date of delivery that an error occurred with respect to a remittance transfer, including that the full amount of the funds to be remitted was not made available to the designated recipient in the foreign country, the remittance transfer provider shall resolve the error pursuant to this subsection. (B) Remedies \nNot later than 90 days after the date of receipt of a notice from the consumer pursuant to subparagraph (A), the remittance transfer provider shall, as applicable to the error and as designated by the consumer— (i) refund to the consumer the total amount of funds tendered by the consumer in connection with the remittance transfer which was not properly transmitted; (ii) make available to the designated recipient, without additional cost to the designated recipient or to the consumer, the amount appropriate to resolve the error; (iii) provide such other remedy, as determined appropriate by rule of the Board for the protection of consumers; or (iv) demonstrate to the consumer that there was no error. (2) Regulations \nThe Board shall establish, by regulation, clear and appropriate standards for remittance transfer providers with respect to error resolution relating to remittance transfers, to protect consumers from such errors. (d) Applicability of other provisions of law \n(1) Applicability of title 18 and title 31 provisions \nA remittance transfer provider may only provide remittance transfers if such provider is in compliance with the requirements of section 5330 of title 31, United States Code, and section 1960 of title 18, United States Code, as applicable. (2) Applicability of this title \n(A) Exclusions for certain remittances \nA remittance transfer that is not an electronic fund transfer, as defined in section 903, shall not be subject to any of sections 905 through 913. (B) Full applicability for certain remittances \nA remittance transfer that is an electronic fund transfer, as defined in section 903, shall be subject to all provisions of this title that are otherwise applicable to electronic fund transfers under this title. (3) Rule of construction \nNothing in this section shall be construed— (A) to affect the application to any transaction, to any remittance provider, or to any other person of any of the provisions of subchapter II of chapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act , or chapter 2 of title I of Public Law 91–508 , or any regulations promulgated thereunder; or (B) to cause any fund transfer that would not otherwise be treated as such under paragraph (2) to be treated as an electronic fund transfer, or as otherwise subject to this title, for the purposes of any of the provisions referred to in subparagraph (A) or any regulation prescribed under such subparagraph. (e) Publication of exchange rates \nThe Secretary of the Treasury shall make available to the public in electronic form, not later than noon on each business day, the dollar exchange rate for all foreign currencies, using any methodology that the Secretary determines appropriate, which may include the methodology used pursuant to section 613(b) of the Foreign Assistance Act of 1961. (f) Agents and subsidiaries \nA remittance transfer provider shall be liable for any violation of this section by any agent or subsidiary of that remittance transfer provider. (g) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Exchange rate fee \nThe term exchange rate fee means the difference between the total dollar amount transferred, valued at the exchange rate offered by the remittance transfer provider, and the total dollar amount transferred, valued at the exchange rate posted by the Secretary of the Treasury in accordance with subsection (e) on the business day prior to the initiation of the subject remittance transfer. (2) Remittance transfer \nThe term remittance transfer means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act) transfer of funds at the request of a consumer located in any State to a person in another country that is initiated by a remittance transfer provider, whether or not the consumer is an account holder of the remittance transfer provider or whether or not the remittance transfer is also an electronic fund transfer, as defined in section 903. (3) Remittance transfer provider \nThe term remittance transfer provider means any person or financial institution that provides remittance transfers on behalf of consumers in the normal course of its business, whether or not the consumer is an account holder of that person or financial institution. (4) State \nNotwithstanding the definition contained in section 903, the term State means any of the several States, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. (5) Total remittance transfer cost \nThe term total remittance transfer cost means the total cost of a remittance transfer expressed in dollars, including all fees charged by the remittance transfer provider, including the exchange rate fee.", "id": "HA2EC729C8BF246C5AC193300D1001DE0", "header": "Remittance transfers" }, { "text": "4. Federal Credit Union Act amendment \nParagraph (12) of section 107 of the Federal Credit Union Act ( 12 U.S.C. 1757(12) ) is amended to read as follows: (12) in accordance with regulations prescribed by the Board— (A) to provide remittance transfers, as defined in section 918(h) of the Electronic Fund Transfer Act , to persons in the field of membership; and (B) to cash checks and money orders for persons in the field of membership for a fee;.", "id": "H926B7F5CCB3444998D57CE74A8364094", "header": "Federal Credit Union Act amendment" }, { "text": "5. Automated clearinghouse system \n(a) Expansion of system \nThe Board of Governors of the Federal Reserve System shall work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries, with a focus on countries that receive significant remittance transfers from the United States, based on— (1) the number, volume, and sizes of such transfers; (2) the significance of the volume of such transfers, relative to the external financial flows of the receiving country; and (3) the feasibility of such an expansion. (b) Report to Congress \nBefore the end of the 180-day period beginning on the date of the enactment of this Act, and on April 30 biannually thereafter, the Board of Governors of the Federal Reserve System shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the status of the automated clearinghouse system and its progress in complying with the requirements of this section.", "id": "H22D95D8A74834E999E51D0A793E32DCF", "header": "Automated clearinghouse system" }, { "text": "6. Expansion of financial institution provision of remittance transfers \n(a) Provision of guidelines to institutions \nEach of the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act ) and the National Credit Union Administration shall provide guidelines to financial institutions under the jurisdiction of the agency regarding— (1) the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts; (2) the availability of agency services to remittance transfer providers; and (3) specific options for financial institutions to use to take advantage of automated clearing systems, including the FedACH International Services offered by the Board of Governors of the Federal Reserve System and the Federal reserve banks, to transmit remittances at low cost. (b) Content of guidelines \nGuidelines provided to financial institutions under this section shall include— (1) information as to the methods of providing remittance transfer services; (2) the potential economic opportunities in providing low-cost remittance transfers; and (3) the potential value to financial institutions of broadening their financial bases to include persons that use remittance transfers. (c) Assistance to financial literacy Commission \nThe Secretary of the Treasury and each agency referred to in subsection (a) shall, as part of their duties as members of the Financial Literacy and Education Commission, assist that Commission in improving the financial literacy and education of consumers who send remittances. (d) Multimedia campaign \nThe Secretary of the Treasury shall, as part of the national public service multimedia campaign established under section 518(a) of the Fair and Accurate Credit Transactions Act of 2003, undertake a multilingual multimedia campaign to inform populations that are remittance users of the low-cost options for remittance transfers available to them, such as services provided by depository institutions and credit unions.", "id": "H92FCA74E94194B36886C120816A1CEEA", "header": "Expansion of financial institution provision of remittance transfers" }, { "text": "7. AID assistance to increase capital and lower remittance transfer costs \n(a) In general \nPart I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by adding at the end the following: 13 Social Investment and Economic Development for the Americas \n499H. Facilitating flows of personal remittances \n(a) In general \nThe President, acting through the Administrator of the United States Agency for International Development, shall provide assistance to leverage personal remittances and reduce the cost of remittances sent to Latin America and the Caribbean by— (1) increasing access to financial institutions for the poor and working with local financial institutions to reduce fees and other costs associated with sending or receiving remittances; (2) working with local financial institutions to develop programs whereby personal remittances could be used as the basis of credit for mortgages and loans for small business, microenterprises, housing, and other enterprises; and (3) providing matching funds for United States’ private entities that send remittances for development projects in Latin America and the Caribbean. (b) Implementation \nThe United States Agency for International Development shall follow the best practices of the Inter-American Development Bank and other appropriate organizations when designing and implementing programs that leverage personal remittances and reduce the cost of remittances sent to Latin America and the Caribbean.. (b) GAO study regarding the effectiveness and success of pilot projects implemented by the United States Agency for International Development \n(1) Study \nThe Comptroller General of the United States shall conduct a study on the effectiveness and success of the pilot projects that have been implemented by the United States Agency for International Development’s missions in Mexico, El Salvador, and Jamaica, and through the United States Agency for International Development’s Global Development Alliance. (2) Report \nBefore the end of the 1-year period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress on the findings and conclusions resulting from the study conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate.", "id": "HDD4A4C3C5404468B85259BC5D2EDB1D5", "header": "AID assistance to increase capital and lower remittance transfer costs" }, { "text": "499H. Facilitating flows of personal remittances \n(a) In general \nThe President, acting through the Administrator of the United States Agency for International Development, shall provide assistance to leverage personal remittances and reduce the cost of remittances sent to Latin America and the Caribbean by— (1) increasing access to financial institutions for the poor and working with local financial institutions to reduce fees and other costs associated with sending or receiving remittances; (2) working with local financial institutions to develop programs whereby personal remittances could be used as the basis of credit for mortgages and loans for small business, microenterprises, housing, and other enterprises; and (3) providing matching funds for United States’ private entities that send remittances for development projects in Latin America and the Caribbean. (b) Implementation \nThe United States Agency for International Development shall follow the best practices of the Inter-American Development Bank and other appropriate organizations when designing and implementing programs that leverage personal remittances and reduce the cost of remittances sent to Latin America and the Caribbean.", "id": "HB2A63ADBB6C84A33ACC654FAA5A506B6", "header": "Facilitating flows of personal remittances" }, { "text": "8. Inter-American Development Bank assistance to facilitate flows of personal remittances \nThe Inter-American Development Bank Act (22 U.S.C. 283—283z–10) is amended by adding at the end the following new section: 39. Facilitating flows of personal remittances \nThe Secretary of the Treasury shall instruct the United States Executive Director at the Bank to use the voice, vote, and influence of the United States to urge the Bank to provide assistance to— (1) increasing access to financial institutions for the poor and working with local financial institutions to reduce fees and other costs associated with sending or receiving remittances; (2) working with local financial institutions to develop programs whereby personal remittances could be used as the basis of credit for mortgages and loans for small business, microenterprises, housing, and other enterprises; and (3) providing matching funds for United States’ private entities that send remittances for development projects in Latin America and the Caribbean..", "id": "H717F3A9DFD7E4FF7AE755048A269D3C6", "header": "Inter-American Development Bank assistance to facilitate flows of personal remittances" }, { "text": "39. Facilitating flows of personal remittances \nThe Secretary of the Treasury shall instruct the United States Executive Director at the Bank to use the voice, vote, and influence of the United States to urge the Bank to provide assistance to— (1) increasing access to financial institutions for the poor and working with local financial institutions to reduce fees and other costs associated with sending or receiving remittances; (2) working with local financial institutions to develop programs whereby personal remittances could be used as the basis of credit for mortgages and loans for small business, microenterprises, housing, and other enterprises; and (3) providing matching funds for United States’ private entities that send remittances for development projects in Latin America and the Caribbean.", "id": "HEFEC1DCF5ABE41A58D969D4F6738BF34", "header": "Facilitating flows of personal remittances" }, { "text": "9. Study and report on remittances \n(a) Study \nThe Comptroller General of the United States shall conduct a study and analysis of the remittance transfer system, including an analysis of its impact on consumers. (b) Areas of consideration \nThe study conducted under this section shall include, to the extent that information is available— (1) an estimate of the total amount, in dollars, transmitted from individuals in the United States to other countries, including per country data, historical data, and any available projections concerning future remittance levels; (2) a comparison of the amount of remittance funds, in total and per country, to the amount of foreign trade, bilateral assistance, and multi-development bank programs involving each of the subject countries; (3) an analysis of the methods used to remit the funds, with estimates of the amounts remitted through each method and descriptive statistics for each method, such as market share, median transaction size, and cost per transaction, including through— (A) depository institutions; (B) postal money orders and other money orders; (C) automatic teller machines; (D) wire transfer services; and (E) personal delivery services; (4) an analysis of advantages and disadvantages of each remitting method listed in subparagraphs (A) through (E) of paragraph (3); (5) an analysis of the types and specificity of disclosures made by various types of remittance transaction providers to consumers who send remittances; and (6) if reliable data are unavailable, recommendations concerning options for the Congress to consider to improve the state of information on remittances from the United States. (c) Report to Congress \nBefore the end of the 1-year period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study conducted under this section.", "id": "HFEB2CF40994C46F0B49BE85C32C44441", "header": "Study and report on remittances" } ]

[ { "text": "1. Special counter-cyclical payment rate for 2003 crop year for producers operating in declared disaster areas \nSection 1104 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7914) is amended by adding at the end the following new subsection: (g) Special payment rate for certain declared disaster areas \n(1) 2003 rate based on projected payment rate \nIn the case of the counter-cyclical payments that were required to be made under this section for the 2003 crop year to producers on a farm located in a federally declared disaster area for any of the 2001 through 2004 crop years, the Secretary shall use as the payment rate for that crop year the payment rate that was used to make partial payments under subsection (f) for that crop year, rather than the final payment rate determined for that crop year. (2) Prompt payment of additional amounts \nAs soon as practicable after the date of the enactment of this subsection, the Secretary shall pay to producers described in paragraph (1) any additional counter-cyclical payment amount due the producers for the 2003 crop year as a result of the revised payment rate required by paragraph (1). (3) Federally declared disaster area defined \nIn this subsection, the term federally declared disaster area means an area— (A) covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or (B) determined to be a disaster area by the Secretary under subpart A of part 1945 of title 7, Code of Federal Regulations..", "id": "HB59A3802E2DE49A2B6023F872EC898BA", "header": "Special counter-cyclical payment rate for 2003 crop year for producers operating in declared disaster areas" } ]

[ { "text": "1. Pigment Red 185 \n(a) In general \nHeading 9902.32.26 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": "H3F50EA55678A401E80743992919B1409", "header": "Pigment Red 185" } ]

[ { "text": "1. Authorization of appropriations for adjustment assistance for firms \nSection 256(b) of the Trade Act of 1974 ( 19 U.S.C. 2346(b) ) is amended by striking 2007 and inserting 2012.", "id": "HE1029ACBFCCD49739B004DB995FF7633", "header": "Authorization of appropriations for adjustment assistance for firms" }, { "text": "2. Delegation of functions to carry out the adjustment assistance for firms program \n(a) Delegation \nSection 256 of the Trade Act of 1974 ( 19 U.S.C. 2346 ) is amended— (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as redesignated) the following: (a) Except as provided in subsection (b), the Secretary shall delegate all functions of the Secretary under this chapter to the Under Secretary of Commerce for International Trade. ; and (3) in the heading, by striking to small business administration. (b) Conforming amendment \nThe item relating to section 256 in the table of contents of the Trade Act of 1974 is amended to read as follows: Sec. 256. Delegation of functions; authorization of appropriations. (c) Effective date \nThe amendments made by this section shall take effect 60 days after the date of the enactment of this Act.", "id": "H8AD572F9D6FB4AA79F766FF496D99796", "header": "Delegation of functions to carry out the adjustment assistance for firms program" } ]

[ { "text": "1. Short title and table of contents \n(a) Short title \nThis Act may be cited as the Social Security Personal Savings Guarantee and Prosperity Act of 2004. (b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Sec. 2. Establishment of Personal Social Security Investment Program Part A—Insurance Benefits Part B—Personal Social Security Savings Program Sec. 251. Definitions Sec. 252. Social Security Personal Savings Fund Sec. 253. Participation in Program Sec. 254. Personal social security savings accounts Sec. 255. Benefit credit certificates Sec. 256. Tier I Investment Fund Sec. 257. Tier II Investment Fund Sec. 258. Tier III Investment Options Sec. 259. Personal social security savings annuity and other distributions Sec. 260. Guarantee of promised benefits Sec. 261. Personal Social Security Savings Account Board Sec. 262. Executive Director Sec. 3. Adjustments to primary insurance amounts Sec. 4. General fund transfers to the Federal Old-Age and Survivors Insurance Trust Fund Sec. 5. Tax treatment of accounts Sec. 6. Self-Liquidating Social Security Transition Fund Sec. 7. Issuance of Transition Fund Bonds Sec. 8. Accounting for the Old-Age, Survivors, and Disability Insurance Program and the Personal Social Security Savings Program Sec. 9. Budgetary treatment of social security Sec. 10. Dedication of budget surpluses to saving social security Sec. 11. National spending limitation Sec. 12. Imposition of spending limitations on congressional budget resolutions Sec. 13. Reduction of FICA rates resulting from Personal Social Security Savings Program", "id": "HEFEA47A9E81B435F8F1E7B5C07A1BA21", "header": "Short title and table of contents" }, { "text": "2. Establishment of Personal Social Security Investment Program \n(a) In general \nTitle II of the Social Security Act is amended— (1) by inserting before section 201 the following: A Insurance benefits \n; and (2) by adding at the end the following new part: B Personal Social Security Savings Program \n251. Definitions \nFor purposes of this part— (1) Participating individual \nThe term participating individual has the meaning provided in section 253(a). (2) Board \nThe term Board means the Personal Social Security Savings Account Board established under section 261. (3) Executive Director \nThe term Executive Director means the Executive Director appointed under section 262. (4) Personal social security savings account \nThe term personal social security savings account means an account established under section 254(a). (5) Personal social security savings annuity \nThe term personal social security savings annuity means an annuity approved by the Board under section 259(b)(3). (6) Savings Fund \nThe term Savings Fund means the Social Security Personal Savings Fund established under section 252. (7) Tier I Investment Fund \nThe term Tier I Investment Fund means the trust fund created under section 256. (8) Tier II Investment Fund \nThe term Tier II Investment Fund means the trust fund created under section 257. (9) Tier III Investment Option \nThe term Tier III Investment Option means an investment option which is— (A) offered by an eligible entity certified by the Board under section 258(b); and (B) approved by the Board under section 258(c). 252. Social Security Personal Savings Fund \n(a) Establishment of Savings Fund \n(1) Establishment \nThere is established in the Treasury of the United States a trust fund to be known as the Social Security Personal Savings Fund. (2) Amounts in Fund \nThe Savings Fund shall consist of all amounts transferred to or deposited into the Savings Fund under subsection (b), increased by the total net earnings from investments of sums in the Savings Fund and reduced by the total net losses from investments of the Savings Fund. (3) Trustees \nThe Board shall serve as trustees of the Savings Fund. (4) Budget authority; appropriation \nThis part constitutes budget authority in advance of appropriations Acts and represents the obligation of the Board to provide for the payment of amounts provided under this part. The amounts held in the Savings Fund are appropriated and shall remain available without fiscal year limitation. (b) Deposits into Fund \n(1) In general \nDuring each calendar year, the Secretary of the Treasury shall deposit into the Savings Fund, from amounts held in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal, in the aggregate, to 100 percent of the redirected social security contribution for such calendar year of each individual who is a participating individual for such calendar year. (2) Transfers based on estimates \n(A) In general \nThe amounts deposited pursuant to paragraph (1) shall be transferred in at least weekly payments from the Federal Old-Age and Survivors Insurance Trust Fund to the Savings Fund. (B) Determination of amounts \nThe amounts transferred under subparagraph (A) shall be determined on the basis of estimates, made by the Commissioner of Social Security and certified to the Secretary of the Treasury, of the wages paid to, and self-employment income derived by, participating individuals. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than actual amounts transferred. (3) Redirected social security contributions \nFor purposes of paragraph (1)—— (A) In general \nThe term redirected social security contributions means, with respect to an individual for a calendar year, the sum of— (i) the product derived by multiplying— (I) the sum of the total wages paid to, and self-employment income derived by, such individual during such calendar year, to the extent such total wages and self-employment income do not exceed the base amount for such calendar year; by (II) 10 percent; and (ii) the product derived by multiplying— (I) the sum of the total wages paid to, and self-employment income derived by, such individual during such calendar year, to the extent such total wages and self-employment income exceed the base amount (taking into account the limits imposed by the contribution and benefit base under section 230); by (II) 5 percent. (B) Base amount \nFor purposes of subparagraph (A)— (i) Initial base amount \nThe base amount for calendar year 2005 is $10,000. (ii) Adjustments to base amount \nThe base amount for any calendar year after 2005 is the product derived by multiplying $10,000 by a fraction— (I) the numerator of which is the national average wage index (as defined in section 209(k)) for the first of the 2 preceding calendar years; and (II) the denominator of which is the national average wage index (as so defined) for 2003. (c) Availability \nThe sums in the Savings Fund are appropriated and shall remain available without fiscal year limitation— (1) to invest funds in the Tier I Investment Fund of the Savings Fund and the Tier II Investment Fund of the Savings Fund under sections 256 and 257, respectively; (2) to transfer into Tier III Investment Options under section 258; (3) to make distributions in accordance with section 259; and (4) to pay the administrative expenses of the Board in accordance with subsection (e). (d) Limitations on use of funds \n(1) In general \nSums in the Savings Fund credited to a participating individual’s personal social security savings account may not be used for, or diverted to, purposes other than for the exclusive benefit of the participating individual or the participating individual’s beneficiaries under this part. (2) Assignments \nSums in the Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. (e) Payment of administrative expenses \nAdministrative expenses incurred to carry out this part shall be paid out of net earnings in the Savings Fund in conjunction with the allocation of investment earnings and losses under section 254(c). (f) Limitation \nThe sums in the Savings Fund shall not be appropriated for any purpose other than the purposes specified in this part and may not be used for any other purpose. 253. Participation in Program \n(a) Participating individual \nFor purposes of this part, the term participating individual means any individual— (1) (A) who receives wages in any calendar year after December 31, 2004, on which there is imposed a tax under section 3101(a) of the Internal Revenue Code of 1986, or (B) who derives self-employment income for a taxable year beginning after December 31, 2004, on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986, (2) who is born on or after January 1, 1950, and (3) who has not filed an election to renounce such individual’s status as a participating individual under subsection (b) or has filed such an election and has subsequently filed an election to reinstate such individual’s status as a participating individual under subsection (c). (b) Renunciation of participation \n(1) In general \nAn individual— (A) who has not attained retirement age (as defined in section 216(l)(1)), and (B) with respect to whom no distribution has been made from amounts credited to the individual’s personal social security savings account for the purchase of a personal social security savings annuity, may elect, in such form and manner as shall be prescribed in regulations of the Board, to renounce such individual’s status as a participating individual for purposes of this part. Upon completion of the procedures provided for under paragraph (2), any such individual who has made such an election shall not be treated as a participating individual under this part, effective as if such individual had never been a participating individual. The Board shall provide for immediate notification of such election to the Commissioner of Social Security, the Secretary of the Treasury, and the Executive Director. (2) Procedure \nThe Board shall prescribe by regulation procedures governing the termination of an individual's status as participating individual pursuant to an election under this subsection. Such procedures shall include— (A) prompt closing of the individual’s personal social security savings account established under section 254, (B) revocation of any benefit credit certificate assigned to the individual’s personal social security savings account under section 255, and (C) prompt transfer to the Federal Old-Age and Survivors Insurance Trust Fund as general receipts of any amount held in the Tier II Investment Fund of the Savings Fund or under a Tier III Investment Option pursuant to section 257 or 258 and credited to such individual’s personal social security savings account. (c) Reinstatement of participation \n(1) In general \nAny individual who has filed an election under subsection (b) to renounce such individual's status as a participating individual under this part may elect, in such form and manner as shall be prescribed in regulations of the Board, to reinstate such status. Such regulations shall provide for regular, periodic opportunities for the filing of such an election. The Board shall provide for immediate notification to the Commissioner of Social Security, the Secretary of the Treasury, and the Executive Director of such election. (2) Effectiveness of reinstatement \nAn election under this subsection shall be effective with respect to wages earned, and self-employment income derived, on the earliest date on which the Board determines is practicable to make such election effective following the date of the filing of the election. The individual filing the election shall be treated as becoming a participating individual under this part on the effective date of the election as if such individual first met the requirements of subsection (a) on such date. (3) Irrevocability \nAn election under this subsection shall be irrevocable. 254. Personal social security savings accounts \n(a) Establishment of publicly administered system of personal security savings accounts \nAs soon as practicable after the later of January 1, 2005, or the date on which an individual becomes a participating individual under this part, the Executive Director shall establish a personal social security savings account for such individual. Such account shall be the means by which amounts held in the Tier I Investment Fund and the Tier II Investment Fund of the Savings Fund under sections 256 and 257 and amounts held under Tier III Investment Options under section 258 are credited to such individual, under procedures which shall be established by the Board by regulation. Each account of a participating individual shall be identified to such participating individual by means of the participating individual’s social security account number. (b) Account balance \nThe balance in a participating individual’s account at any time is the sum of— (1) the balance in the Tier I Investment Fund of the Savings Fund credited to such participating individual prior to transfer of the credited amount to the Tier II Investment Fund of the Savings Fund; plus (2) the excess of— (A) all deposits in the Tier II Investment Fund of the Savings Fund credited to such participating individual’s personal social security savings account, subject to such increases and reductions as may result from allocations made to and reductions made in the account pursuant to subsection (c)(1); over (B) amounts paid out of the Tier II Investment Fund in connection with amounts credited to such participating individual’s personal social security savings account; plus (3) the excess of— (A) the deposits in the Tier III Investment Options credited to such participating individual’s personal social security savings account, subject to such increases and reductions as may result from amounts credited to, and reductions made in, the account pursuant to subsection (c)(2); over (B) amounts paid out of the Tier III Investment Options of such participating individual. The calculation made under paragraph (3) shall be made separately for each Tier III Investment Option of the participating individual. The Board shall also hold for the participating individual any benefit credit certificate assigned to the participating individual’s personal social security savings account under section 255. (c) Allocation of earnings and losses \nPursuant to regulations which shall be prescribed by the Board, the Executive Director shall allocate to each personal social security savings account an amount equal to the net earnings and net losses from each investment of sums— (1) in the Tier I Investment Fund and the Tier II Investment Fund which are attributable to sums credited to such account reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director; and (2) in the Tier III Investment Options which are attributable to sums credited to such account reduced by the administrative expenses paid out of the net earnings. 255. Benefit credit certificates \n(a) In general \nAs soon as is practicable after a personal social security savings account is established under this part with respect to any participating individual, the Board shall certify the establishment of such account to the Secretary of the Treasury, and, upon receipt of such certification, such Secretary shall assign to the account of such individual a benefit credit certificate. The benefit credit certificate shall be evidenced by a paper instrument provided to the participating individual setting forth the terms specified in this section, and stating on its face that the certificate shall be incontestable in the hands of the bearer, that the certificate is supported by the full faith and credit of the United States, and that the United States is pledged to the satisfaction of the terms of the certificate as provided in this section. (b) Value \n(1) Face value \nThe benefit credit certificate shall have an initial face value equal to the total estimated actuarial present value of the future monthly insurance benefits under section 202 to which the participating individual would be entitled, and to which other individuals would be entitled under section 202 based on the participating individual’s wages and self-employment income, payable on or after the date on which such individual becomes entitled to old-age insurance benefits under section 202(a) (or the date of such individual’s death, if earlier) determined under current law as in effect on the date of the determination, using the assumptions provided under paragraph (2) and taking into account the reduction in the participating individual’s primary insurance amount under section 215(j). (2) Assumptions \nThe actuarial present value determined under paragraph (1) shall be determined— (A) taking into account solely wages and self-employment income credited to the participating individual as of the date of the determination (including any amounts creditable to such individual as of such date but not yet credited as of such date, as estimated in accordance with regulations which shall be prescribed by the Board), (B) assuming that the participating individual would become entitled to old-age insurance benefits under section 202(a) on the day such individual would attain retirement age (as defined in section 216(l)(1)), and (C) using reasonable actuarial and economic assumptions concerning mortality rates, discount rates, wage growth, and other relevant factors. (3) Adjustment to value \nNot less than annually, the Board shall update the face value of the benefit credit certificate to reflect any changes in the total estimated actuarial present value of the future monthly benefits described in paragraph (1), as determined under this subsection as of the date of the update. (c) Redemption \nRedemption of a benefit credit certificate assigned to a participating individual’s personal social security savings account shall be obtained only by means of the receipt of benefits under section 202 by individuals entitled to such benefits under part A, based on the wages and self-employment income of such participating individual, on or after the date on which the participating individual becomes entitled to old-age insurance benefits under section 202(a) (or the date of such individual’s death, if earlier), taking into account section 215(j). Payment of such benefits shall constitute full redemption of such certificate. 256. Tier I Investment Fund \n(a) Establishment of Tier I Investment Fund \n(1) In general \nThe Savings Fund shall include a separate fund to be known as the Tier I Investment Fund. (2) Amounts in fund \nThe Tier I Investment Fund consists of all amounts derived from payments into the Fund under section 252(b) and remaining after investment of such amounts under subsection (b), including additional amounts derived as income from such investments. (3) Use of funds \nThe amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (A) to be held for investment on behalf of participating individuals under subsection (b), (B) to pay the administrative expenses related to the Fund, and (C) to make transfers from the Fund under subsection (c)(2). (b) Investment of Fund balance \nFor purposes of investment of the Tier I Investment Fund, the Board shall contract with appropriate professional asset managers, recordkeepers, and custodians selected for investment of amounts held in the Fund, so as to provide for investment of the balance of the Fund, in a manner providing broad diversification in accordance with regulations of the Board, in— (1) insurance contracts, (2) certificates of deposit, or (3) other instruments or obligations selected by such asset managers, which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time. (c) Separate crediting to personal social security savings accounts and transfers to the Tier II Investment Fund or to Tier III Investment Options \n(1) Crediting to accounts \n(A) In general \nSubject to this paragraph, the Board shall provide for prompt, separate crediting, as soon as practicable, of the amounts deposited in the Tier I Investment Fund to the personal social security savings account of each participating individual with respect to the redirected social security contributions (as defined in section 252(b)(3)) of such participating individual. The Board shall include in such crediting, with respect to each such individual, any increases or decreases in such amounts so as to reflect the net returns and losses from investment of the balance of the Fund prior to such crediting. For purposes of determining such increases and decreases for each calendar year, the amounts deposited into the Fund in connection with such individual during such calendar year shall be deemed to have been deposited on June 30 of such year. (B) Treatment of married participating individuals \nIf the participating individual is married as of the end of the calendar year in which the amounts to be credited were deposited in the Tier I Investment Fund and the spouse is also a participating individual, the personal social security savings account of the participating individual and the personal social security savings account of his or her spouse shall each be credited with 50 percent of such amounts. (2) Transfers from the Tier I Investment Fund \nIn accordance with elections filed with the Board by a participating individual, any amount credited to the personal social security savings account of such participating individual under paragraph (1) shall be promptly transferred to the Tier II Investment Fund of the Savings Fund for investment in accordance with section 257 and, to the extent available under section 258, to Tier III Investment Options in accordance with section 258. (d) Treatment of amounts held in Tier I Investment Fund \nSubject to this part— (1) until amounts deposited into the Tier I Investment Fund during any calendar year are credited to personal social security savings accounts, such amounts shall be treated as the unallocated property of all participating individuals with respect to whom amounts were deposited in the Fund during such year, jointly held in trust for such participating individuals in the Savings Fund, and (2) amounts deposited into the Fund which are credited to the personal social security savings account of a participating individual shall be treated as property of the participating individual, held in trust for such participating individual in the Savings Fund. 257. Tier II Investment Fund \n(a) Establishment of Tier II Investment Fund \n(1) In general \nThe Savings Fund shall include a separate fund to be known as the Tier II Investment Fund. (2) Amounts in Fund \nThe Tier II Investment Fund consists of all amounts derived from payments into the Fund under section 256(c)(2) and remaining after investment of such amounts under subsection (b), including additional amounts derived as income from such investments. (3) Use of funds \nThe amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (A) to be held for investment under subsection (b), (B) to pay the administrative expenses related to the Fund, and (C) to make transfers to Tier III Investment Options under section 258 or to make payments under section 259. (b) Payments into Tier II Investment Fund \n(1) In general \nUpon the crediting under section 252 to the personal social security savings account of a participating individual of any amount held in the Tier I Investment Fund for any calendar year, the Board shall transfer from the Tier I Investment Fund into the Tier II Investment Fund any amount so credited to such participating individual’s account which is not transferred to a Tier III Investment Option pursuant to an election under section 258(a). (2) Ongoing separate crediting \nSubject to this paragraph, the Board shall provide for ongoing separate crediting to each participating individual’s personal social security savings account of the amounts deposited in the Tier II Investment Fund with respect to such participating individual, together with any increases or decreases therein so as to reflect the net returns and losses from investment thereof while held in the Fund. (c) Investment in equities and fixed income instruments in 3 alternative investment accounts \n(1) In general \nFor purposes of investment of the Tier II Investment Fund, the Board shall divide the Fund into 3 investment accounts. Such accounts shall consist of the 65/35 investment account, the 50/50 investment account, and the 80/20 investment account. The Board shall contract with appropriate investment managers, recordkeepers, and custodians selected for investment of amounts held in each investment account. (2) Rules relating to investment accounts \n(A) In general \nThe investment manager, recordkeeper, and custodian selected for investment of amounts held in each investment account referred to paragraph (1) shall invest such amounts under regulations which shall be prescribed by the Board so as to ensure, to the maximum extent practicable, that, of the total balance in the Fund credited to such account and available for investment (after allowing for administrative expenses)— (i) the prescribed equities percentage is invested in equities in accordance with paragraph (4), and (ii) the prescribed fixed income instruments percentage is invested in fixed income instruments in accordance with paragraph (5). (B) Prescribed percentages \nFor purposes of subparagraph (A)— (i) The 65/35 investment account \nIn the case of the 65/35 investment account— (I) the prescribed equities percentage is 65 percent, and (II) the prescribed fixed income instruments percentage is 35 percent. (ii) The 50/50 investment account \nIn the case of the 50/50 investment account— (I) the prescribed equities percentage is 50 percent, and (II) the prescribed fixed income instruments percentage is 50 percent. (iii) The 80/20 investment account \nIn the case of the 80/20 investment account— (I) the prescribed equities percentage is 80 percent, and (II) the prescribed fixed income instruments percentage is 20 percent. (3) Election of investment options \n(A) Default investment account \nExcept as provided in an election in effect under subparagraph (B), amounts held in the Tier II Investment Fund shall be credited to the 65/35 investment account. (B) Election of transfers between investment accounts \nIn any case in which a participating individual who has an amount in such individual’s personal social security savings account credited to any of the investment accounts in the Tier II Investment Fund files with the Secretary of the Treasury a written election under this subparagraph, not more frequently than annually and in accordance with regulations of the Board, the Secretary of the Treasury shall transfer the full amount so credited in such investment account from such investment account to any one of the other investment accounts in the Tier II Investment Fund (whichever is designated in such election). (4) Investment in equities \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by equities selected for investment of the balance of the Tier II Investment Fund pursuant to paragraph (2)(A)(i). In conformity with such standards, the Board shall select, for purposes of such investment, indices which are comprised of equities the aggregate market value of which is, in each case, a reasonably broad representation of companies whose shares are traded on the equity markets. Amounts invested in equities under an investment option shall be held in a portfolio designed to replicate the performance of one or more of such indices. (5) Investment in fixed income instruments \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by fixed income instruments selected for investment of the balance of the Tier II Investment Fund pursuant to paragraph (2)(A)(ii). Such standards shall take into account the competing considerations of risk and return. Amounts invested in fixed income instruments in an investment option shall be held in a portfolio which shall consist of a diverse range of fixed income instruments, taking into full account the opposing considerations of risk and maximization of return. (6) Disclosure of administrative costs \nThe Executive Director shall provide to each participating individual an annual disclosure of the rate of administrative costs chargeable with respect to investment in each investment account in the Tier II Investment Fund. Such disclosure shall be written in a manner calculated to be understood by the average participating individual. (d) Adjustment of prescribed percentages and allowance of additional investment accounts \n(1) In general \nThe Board may from time to time, as determined by regulation as appropriate to further the purposes of this section, shall— (A) prescribe by regulation adjustments to the prescribed percentages for each investment account, (B) establish investment accounts in the Tier II Investment Fund meeting the requirements of this section in addition to those established by this section, and (C) terminate investment accounts in the Tier II Investment Fund. (2) 80 percent limit on equities \nNo investment account in the Tier II Investment Fund, after any exercise of the Board’s authority under paragraph (1), may be invested otherwise than in a combination of equities and fixed income investments or have a prescribed equities percentage of more than 80 percent. (e) Treatment of amounts held in Tier II Investment Fund \nSubject to this part, amounts deposited into, and held and accounted for in, the Tier II Investment Fund with respect to any participating individual shall continue to be treated as property of such participating individual, held in trust for such participating individual in the Fund. 258. Tier III Investment Options \n(a) Election of Tier III Investment Options \n(1) In general \nA participating individual may elect to direct transfers from amounts in the Savings Fund credited to the personal social security savings account of such individual into 1 or more Tier III Investment Options in accordance with paragraph (2). (2) Commencement of Tier III investment options upon attainment of election threshold \nIn any case in which, as of the end of any calendar year, the total balance in the Savings Fund credited to a participating individual’s personal social security savings account exceeds for the first time the election threshold, the Board shall, by regulation, provide for an opportunity for such participating individual to make, at any time thereafter, such individual’s first election of one or more of the Tier III Investment Options for investment of an amount in the Savings Fund credited to such account. Such election may be in lieu of or in addition to investment in the options available with respect to the Tier II Investment Fund of the Savings Fund. (3) Allocation of funds \nIn the case of an election under paragraph (1), funds credited to the personal social security savings account of the participating individual and elected for transfer to one or more Tier III Investment Options shall be transferred to the Tier III Investment Options so elected for such calendar year, in percentages specified in the election by the participating individual for each applicable portfolio. (4) Election threshold \n(A) In general \nSubject to subparagraph (B), for purposes of this subsection the term `election threshold' means an amount equal to $7,000. (B) Adjustments \nThe Board shall adjust annually (effective for annual reporting months occurring after December 2005) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00. (5) Subsequent investment of amounts held in Tier III Investment Options \nAny amounts held in one or more Tier III Investment Options may be— (A) transferred at any time to one or more other Tier III Investment Options, subject to applicable regulations of the Board and the terms governing the affected Tier III Investment Options, and (B) transferred, not more frequently than annually, to the Tier II Investment Fund, for deposit in the applicable investment account then selected by the participating individual under section 257. (b) Certification of eligible entities \n(1) In general \nThe Board shall certify eligible entities to offer Tier III Investment Options under this part. (2) Application \nAny eligible entity that desires to be certified by the Board to offer a Tier III Investment Option shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (3) Requirements for approval \nThe Board shall not certify an eligible entity unless such eligible entity agrees to the following requirements: (A) Separate accounting \nEach eligible entity shall, with respect to each Tier III Investment Option offered by such eligible entity to participating individuals— (i) establish separate accounts for the contributions of each participating individual, and any earnings properly allocable to the contributions, and (ii) maintain separate recordkeeping with respect to each account. (B) Treatment of amounts held in Fund \nAmounts deposited into, and held and accounted for in, a Tier III Investment Option with respect to any participating individual shall be treated as property of such participating individual, held in trust for such participating individual. (C) Trust requirements \nAmounts held and accounted for with respect to a participating individual shall be held in a trust created or organized in the United States for the exclusive benefit of such individual or his beneficiaries. (D) Exemption from third party claims \nEach Tier III Investment Option shall be exempt from any and all third party claims against the eligible entity. (E) Disclosure of administrative costs \nEach eligible entity offering a Tier III Investment Option under this section shall provide to each participating individual an annual disclosure of the rate of administrative costs chargeable with respect to investment in such Option. Such disclosure shall be written in a manner calculated to be understood by the average participating individual. The Board shall provide for coordination of disclosures with respect to Tier III Investment Options under this subparagraph so as to assist participating individuals in comparing alternative Options based on administrative costs. (F) Reporting to the Executive Director and the Board \nEach eligible entity shall provide reports to the Executive Director and the Board at such time, in such manner, and containing such information as the Board may require. (4) Eligible entity defined \nFor purposes of this section, the term eligible entity means any investment company (as defined in section 3 of the Investment Company Act of 1940) or other person that the Board determines appropriate to offer Tier III Investment Options under this part. (c) Approval of Tier III Investment Options \n(1) In general \nNo funds may be transferred into a Tier III Investment Option unless the Board has approved an application submitted under paragraph (2) with respect to the option. (2) Application \nWith respect to each Tier III Investment Option an eligible entity certified under subsection (b)(1) seeks to offer, such entity shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (3) Qualifications for approval \nThe Board may not approve an application submitted under paragraph (2) in connection with a Tier III Investment Option unless the following requirements are met: (A) Must be offered by certified eligible entity \nThe Tier III Investment Option is offered by an eligible entity certified under subsection (b). (B) Appropriate allocation of investments between equities and fixed income instruments \nThe amount credited to a participating individual’s personal social security savings account which is held for investment in any Tier III Investment Option is invested in a combination of equities and fixed income instruments so as to ensure, to the maximum extent practicable, that the percentage of such amount invested in equities is not more than 85 percent and not less than 45 percent. (C) Quality factors met \n(i) In general \nThe Tier III Investment Option meets qualifications which shall be prescribed by the Board relating to the quality factors described in clause (ii). (ii) Quality factors \nThe quality factors described in this clause are— (I) the safety and soundness of the Tier III Investment Option's proposed investment policy; (II) the experience and record of performance of the proposed investment option, if any; (III) the experience and record of performance of the entity issuing or offering such option; and (IV) such other factors as the Board may determine appropriate. (d) Considerations for certification and approval \nIn determining whether to certify an eligible entity under subsection (b) or to approve a Tier III Investment Option under subsection (c), the Board shall— (1) act in the best interests of the participating individuals; (2) base its determination solely on considerations of balancing safety and soundness of the Tier III Investment Option with the maximization of returns of such option; and (3) not base any determination related to the entity or option on political or other extraneous considerations. (e) Sponsorship of Tier III Investment Options by Membership and Labor Organizations \n(1) In general \nA membership or labor organization (as defined by the Board) may sponsor Tier III Investment Options under contracts with eligible entities certified under subsection (b) who shall administer the investment option if such investment option is approved by the Board under subsection (c). (2) Limitation to membership \nA membership or labor organization (as so defined) may limit to the members of such organization participation in a Tier III Investment Option sponsored by such organization. (f) Distributions in case of death \nUpon the death of a participating individual, the amount of any assets held under a Tier III Investment Option credited to the personal social security savings account of such individual shall be distributed in accordance with section 259(e). 259. Personal social security savings annuity and other distributions \n(a) Date of initial distribution \nExcept as provided in subsection (e), distributions may be made to a participating individual only from amounts credited to the personal social security savings account of such individual on and after the earliest of— (1) the date the participating individual attains retirement age (as defined in section 216(l)(1)) or, if elected by the individual, early retirement age (as defined in section 216(l)(2)); or (2) the date on which the amount credited to the participating individual's personal social security savings account is sufficient to purchase a personal social security savings annuity with a monthly benefit that is at least equal to the minimum annuity payment amount (as defined in subsection (b)(2)(C)(iii)). (b) Personal social security savings annuities \n(1) Notice of available annuities \nNot later than the date determined under subsection (a), the Board shall notify each participating individual of— (A) the most recent listing of personal social security savings annuities approved by the Board under paragraph (3); and (B) the entitlement of the participating individual to purchase such an annuity. (2) Purchase of annuities \n(A) Selection of annuity \nSubject to subparagraph (C), on the date elected by the participating individual, but no earlier than the date determined under subsection (a), a participating individual may purchase a personal social security savings annuity selected from among the annuities approved by the Board under paragraph (3). (B) Transfer of assets \nUpon the selection of an annuity by a participating individual under subparagraph (A), the Board shall provide for the transfer of assets, credited to the personal social security savings account of the participating individual and held in the Tier II Investment Fund or under 1 or more Tier III Investment Options (or any combination thereof), in a total amount sufficient to purchase the annuity selected by the participating individual under such subparagraph. (C) Minimum annuity payment amount \n(i) In general \nIf, at the time a personal social security savings annuity is purchased under subparagraph (A), the assets credited to the personal social security savings account of the participating individual are sufficient to purchase a personal social security savings annuity approved by the Board under paragraph (3) with a monthly payment that is at least equal to the minimum annuity payment amount, the amount of the monthly benefit provided by such annuity may not be less then the minimum annuity payment amount. (ii) Construction \nNothing in this subparagraph shall be construed to prohibit a participating individual from using personal social security savings account assets to purchase a personal social security savings annuity which provides for a monthly payment in excess of the minimum amount required under clause (i). (iii) Minimum annuity payment amount defined \nFor purposes of this part, the term minimum annuity payment amount means, in connection with any participating individual, the excess of— (I) the deemed total part A monthly benefit amount with respect to the participating individual, determined as if section 215(j) did not apply, over (II) the deemed total part A monthly benefit amount with respect to the participating individual, determined with the application of section 215(j). (iv) Deemed total part a monthly benefit amount \n(I) In general \nFor purposes of clause (iii), the term deemed total part A monthly benefit amount means, with respect to a participating individual, the total amount which would be payable as monthly insurance benefits under section 202 for the month in which the participating individual attains or would attain early retirement age (as defined in section 216(l)(2)), based on the participating individual’s wages and self-employment income, if the participating individual applied for old-age insurance benefits under section 202(a) during such month and all other individuals who would therefore be eligible for benefits under section 202 for such month based on such wages and self-employment income applied for such benefits during such month. (II) Assumptions \nFor purposes of this clause, in the case of a participating individual with respect to whom determinations under this clause are made prior to the month described in subclause (I), the participating individual’s average indexed monthly earnings (within the meaning of section 215(b)) for such month shall be projected, under regulations which shall be prescribed by the Board, on the basis of reasonable actuarial assumptions, and the Board shall assume the survival through the end of such month of all other individuals described in subclause (I). (3) Approval of personal social security savings annuities and issuers \n(A) Certification of issuers \n(i) In general \nThe Board shall certify issuers eligible to enter into annuity contracts with participating individuals under this part. (ii) Application \nAny issuer that desires to be certified by the Board to issue a personal social security savings annuity shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Separate accounting \nAs a condition of certification under paragraph (1), each issuer shall, with respect to each personal social security savings annuity issued by such issuer to participating individuals— (I) establish a separate account for each participating individual, and (II) maintain separate recordkeeping with respect to each account. (iv) Exemption from third party claims \nEach personal social security savings annuity shall be exempt from any and all third party claims against the issuer. (B) Approval of personal social security savings annuities \n(i) In general \nNo funds may be used to purchase a personal social security savings annuity unless the Board has approved an application submitted under clause (ii) with respect to the annuity. (ii) Application \nWith respect to each personal social security savings annuity that an issuer certified under subparagraph (A)(i) seeks to issue, such issuer shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Qualifications for approval \n(I) In general \nThe Board may not approve an application under clause (i) unless the personal social security savings annuity that is the subject of the application meets qualifications which shall be prescribed by the Board relating to the quality factors described in subclause (II) and the application demonstrates that the cost-of-living protection requirement described in subclause (III) are met. (II) Quality factors \nThe quality factors described in this subparagraph include the safety and soundness of the annuity, the experience and record of performance of the issuer issuing the annuity, and such other factors as the Board may determine appropriate. (III) Cost-of-living protection requirement \nThe cost-of-living requirement of this subclause is met only if the terms governing the annuity include procedures providing for adjustments in the amount of the monthly payments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A). Nothing in this subclause shall be construed to preclude the terms governing such an annuity from providing for adjustments in the amount of monthly payments resulting in a payment for any month greater than the payment for that month that would result from adjustments required under the preceding sentence. (c) Purchase of annuities in the event of insufficient assets \nIf a participating individual desires to purchase a personal social security savings annuity under subsection (b) on or after the date determined under subsection (a)(1) and the assets of the personal social security savings account of such individual are insufficient to purchase a personal social security savings annuity that provides for a monthly payment that is at least equal to the minimum annuity payment amount (as defined in subsection (b)(2)(C)(iii)), the participating individual shall purchase the largest personal social security savings annuity that the participating individual's personal social security savings account can fund and that otherwise meets the requirements of subsection (b) (including the cost-of-living protection requirement of subsection (b)(3)(B)(iii)(III), and the Board shall provide for appropriate certification to the Secretary of the Treasury with respect to the participating individual’s eligibility for guarantee payments under section 260. (d) Right to use excess personal social security savings account assets \nTo the extent assets credited to a participating individual's personal social security savings account remain after the purchase of an annuity under subsection (b), the remaining assets shall be payable to the participating individual at such time, in such manner, and in such amounts as the participating individual may specify. (e) Distributions in case of death \nIf the participating individual dies before all amounts which are held in the Tier I Investment Fund or the Tier II Investment Fund of the Savings Fund or held under a Tier III Investment Option and which are credited to the personal social security savings account of the individual are otherwise distributed in accordance with this section, such amounts shall be distributed, under regulations which shall be prescribed by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to such individual's estate. (f) Personal social security savings annuity \nFor purposes of this part, the term `personal social security savings annuity' means an annuity that meets the following requirements: (1) The annuity starting date (as defined in section 72(c)(4) of the Internal Revenue Code of 1986) commences on the first day of the month beginning after the date of the purchase of the annuity. (2) The terms of the annuity provide, except in any case described in subsection (c), for a monthly payment to the participating individual during the life of the participating individual equal to at least the minimum annuity payment amount (as defined in subsection (b)(2)(C)(iii)). (3) The terms of the annuity include such terms and conditions as the Board requires for the protection of the annuitant (including terms meeting the cost-of-living requirement of subsection (b)(3)(B)(iii)(III)). 260. Guarantee of promised benefits \n(a) In general \nIf, for any month ending after the date on which a participating individual attains retirement age (as defined in section 216(l)(1)), the monthly payment under a participating individual's personal social security savings annuity is less than the minimum annuity payment amount (as defined in section 259(b)(2)(C)(iii)), adjusted as provided in section 259(b)(3)(B)(iii)(III), the Board shall so certify to the Secretary of the Treasury and, upon receipt of such certification, such Secretary shall provide to the participating individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a guaranty payment for such month to supplement the personal social security savings annuity and to guarantee full payment of such individual's monthly promised benefits. (b) Guaranty payment \nFor purposes of subsection (a), a participating individual's guaranty payment for any month is equal to the excess of— (1) the minimum annuity payment amount (as defined in section 259(b)(2)(C)(iii)), adjusted as provided in section 259(b)(3)(B)(iii)(III); over (2) the payment for such month of the personal social security savings annuity purchased by the participating individual. (c) Protection of part a normal retirement benefit levels \n(1) In general \nIn any case in which, for any month ending after the date on which a participating individual attains retirement age (as defined in section 216(l)(1))— (A) such individual’s assumed total normal retirement part A benefit for such month, determined without the application of section 215(j), exceeds— (B) the sum of— (i) such individual’s assumed total normal retirement part A benefit for such month, determined with the application of section 215(j), plus (ii) the monthly payment payable for such month under such individual’s personal social security savings annuity, the Secretary of the Treasury shall pay to such individual for such month, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, an additional amount (if any) equal to the excess of the amount described in subparagraph (A) over the amount described in subparagraph (B). (2) Definition \nFor purposes of this subsection, the term assumed total normal retirement part A benefit means, in connection with a participating individual, the total amount of monthly insurance benefits under section 202 based on such individual’s wages and self-employment income (adjusted by taking into account adjustments under section 215(i)) that would have been payable if such individual applied for old-age insurance benefits under section 202(a) during the month in which such individual attains retirement age (as defined in section 216(l)(1)). 261. Personal Social Security Savings Account Board \n(a) Establishment \nThere is established in the executive branch of the Government a Personal Social Security Savings Account Board. (b) Composition \nThe Board shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and (2) 2 members appointed by the President, of whom— (A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; and (B) 1 shall be appointed by the President after taking into consideration the recommendation made by the Majority Leader of the Senate in consultation with the Minority Leader of the Senate. (c) Advice and consent \nAppointments under subsection (b) shall be made by and with the advice and consent of the Senate. (d) Membership requirements \nMembers of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments \n(1) Terms \nA member of the Board shall be appointed for a term of 4 years, except that of the members first appointed under subsection (b)— (A) the Chairman shall be appointed for a term of 4 years; (B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and (C) the remaining members shall be appointed for terms of 2 years. (2) Vacancies \n(A) In general \nA vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Completion of term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (3) Expiration \nThe term of any member shall not expire before the date on which the member's successor takes office. (f) Duties \nThe Board shall— (1) administer the program established under this part; (2) establish policies for the investment and management of the Savings Fund, including the Tier I Investment Fund and the Tier II Investment Fund, and amounts held under Tier III Investment Options, including policies applicable to the asset managers, recordkeepers, and custodians with responsibility for managing the investment of amounts credited to personal social security investment accounts, and for the management and operation of personal social security savings annuities, which shall provide for— (A) prudent investments suitable for accumulating funds for payment of retirement income; (B) sound management practices; and (C) low administrative costs; (3) review the performance of investments made for the Tier I Investment Fund and the Tier II Investment Fund; (4) review the performance of investments made under Tier III Investment Options; (5) review the management and operation of personal social security savings annuities; (6) review and approve the budget of the Board; and (7) comply with the fiduciary requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (relating to fiduciary responsibility) in connection with any exercise of discretion in connection with the assets of the Savings Fund. (g) Administrative provisions \n(1) In general \nThe Board may— (A) adopt, alter, and use a seal; (B) except as provided in paragraph (4), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this part and the policies of the Board in accordance with delegations under this part; (C) upon the concurring votes of 4 members, remove the Executive Director from office for good cause shown; (D) provide to the Executive Director such resources as are necessary to carry out the duties of the Executive Director; and (E) take such other actions as may be necessary to carry out the functions of the Board. (2) Meetings \nThe Board shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (3) Exercise of powers \n(A) In general \nExcept as provided in paragraph (1)(C), the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. Three members of the Board shall constitute a quorum for the transaction of business. (B) Vacancies \nA vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board. (4) Limitations on investments \nThe Board may not direct any person to invest or to cause to be invested any sums in the Tier II Investment Fund or any personal social security investment account in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund or any such account. (h) Compensation \n(1) In general \nEach member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (2) Expenses \nA member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Board. (3) Source of funds \nPayments authorized under this subsection shall be paid from the Tier I Investment Fund or the Tier II Investment Fund, as determined appropriate by the Board. (i) Discharge of responsibilities \nThe members of the Board shall discharge their responsibilities solely in the interest of the participating individuals and their beneficiaries under this part. (j) Annual independent audit \nThe Board shall annually engage an independent qualified public accountant to audit the activities of the Board. (k) Submission of budget to Congress \nThe Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to Congress under section 1105 of title 31, United States Code. (l) Submission of legislative recommendations \nThe Board may submit to the President, and, at the same time, shall submit to each House of Congress, any legislative recommendations of the Board relating to any of its functions under this part or any other provision of law. 262. Executive Director \n(a) Appointment of Executive Director \nThe Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (b) Duties \nThe Executive Director shall, as determined appropriate by the Board— (1) carry out the policies established by the Board; (2) invest and manage the Tier I Investment Fund and the Tier II Investment Fund in accordance with the investment policies and other policies established by the Board; (3) administer the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; and (4) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this part relating to the Tier I Investment Fund and the Tier II Investment Fund. (c) Administrative authority \nThe Executive Director may, within the scope of the duties of the Executive Director as determined by the Board— (1) appoint such personnel as may be necessary to carry out the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; (2) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; (3) secure directly from an Executive agency, the United States Postal Service, or the Postal Rate Commission any information necessary to carry out the provisions of this part and the policies of the Board relating to the Tier I Investment Fund and the Tier II Investment Fund; (4) make such payments out of sums in the Tier I Investment Fund and the Tier II Investment Fund as the Executive Director determines, in accordance with regulations of the Board, are necessary to carry out the provisions of this part and the policies of the Board; (5) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (1), (2), and (6) from the Tier I Investment Fund or the Tier II Investment Fund, in accordance with regulations of the Board; (6) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, authorized by section 5703 of title 5, United States Code, including per diem as authorized by section 5702 of such title; (7) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (8) take such other actions as are appropriate to carry out the functions of the Executive Director.. (b) Effective date \nThe amendments made by this section shall apply with respect to wages paid after December 31, 2004, for pay periods ending after such date and self-employment income for taxable years beginning after such date.", "id": "HA97C4D550CF341EFAC6387C100F38BE5", "header": "Establishment of Personal Social Security Investment Program" }, { "text": "251. Definitions \nFor purposes of this part— (1) Participating individual \nThe term participating individual has the meaning provided in section 253(a). (2) Board \nThe term Board means the Personal Social Security Savings Account Board established under section 261. (3) Executive Director \nThe term Executive Director means the Executive Director appointed under section 262. (4) Personal social security savings account \nThe term personal social security savings account means an account established under section 254(a). (5) Personal social security savings annuity \nThe term personal social security savings annuity means an annuity approved by the Board under section 259(b)(3). (6) Savings Fund \nThe term Savings Fund means the Social Security Personal Savings Fund established under section 252. (7) Tier I Investment Fund \nThe term Tier I Investment Fund means the trust fund created under section 256. (8) Tier II Investment Fund \nThe term Tier II Investment Fund means the trust fund created under section 257. (9) Tier III Investment Option \nThe term Tier III Investment Option means an investment option which is— (A) offered by an eligible entity certified by the Board under section 258(b); and (B) approved by the Board under section 258(c).", "id": "H055CDF45CA2645D487CCB3D9F2B4925", "header": "Definitions" }, { "text": "252. Social Security Personal Savings Fund \n(a) Establishment of Savings Fund \n(1) Establishment \nThere is established in the Treasury of the United States a trust fund to be known as the Social Security Personal Savings Fund. (2) Amounts in Fund \nThe Savings Fund shall consist of all amounts transferred to or deposited into the Savings Fund under subsection (b), increased by the total net earnings from investments of sums in the Savings Fund and reduced by the total net losses from investments of the Savings Fund. (3) Trustees \nThe Board shall serve as trustees of the Savings Fund. (4) Budget authority; appropriation \nThis part constitutes budget authority in advance of appropriations Acts and represents the obligation of the Board to provide for the payment of amounts provided under this part. The amounts held in the Savings Fund are appropriated and shall remain available without fiscal year limitation. (b) Deposits into Fund \n(1) In general \nDuring each calendar year, the Secretary of the Treasury shall deposit into the Savings Fund, from amounts held in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal, in the aggregate, to 100 percent of the redirected social security contribution for such calendar year of each individual who is a participating individual for such calendar year. (2) Transfers based on estimates \n(A) In general \nThe amounts deposited pursuant to paragraph (1) shall be transferred in at least weekly payments from the Federal Old-Age and Survivors Insurance Trust Fund to the Savings Fund. (B) Determination of amounts \nThe amounts transferred under subparagraph (A) shall be determined on the basis of estimates, made by the Commissioner of Social Security and certified to the Secretary of the Treasury, of the wages paid to, and self-employment income derived by, participating individuals. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than actual amounts transferred. (3) Redirected social security contributions \nFor purposes of paragraph (1)—— (A) In general \nThe term redirected social security contributions means, with respect to an individual for a calendar year, the sum of— (i) the product derived by multiplying— (I) the sum of the total wages paid to, and self-employment income derived by, such individual during such calendar year, to the extent such total wages and self-employment income do not exceed the base amount for such calendar year; by (II) 10 percent; and (ii) the product derived by multiplying— (I) the sum of the total wages paid to, and self-employment income derived by, such individual during such calendar year, to the extent such total wages and self-employment income exceed the base amount (taking into account the limits imposed by the contribution and benefit base under section 230); by (II) 5 percent. (B) Base amount \nFor purposes of subparagraph (A)— (i) Initial base amount \nThe base amount for calendar year 2005 is $10,000. (ii) Adjustments to base amount \nThe base amount for any calendar year after 2005 is the product derived by multiplying $10,000 by a fraction— (I) the numerator of which is the national average wage index (as defined in section 209(k)) for the first of the 2 preceding calendar years; and (II) the denominator of which is the national average wage index (as so defined) for 2003. (c) Availability \nThe sums in the Savings Fund are appropriated and shall remain available without fiscal year limitation— (1) to invest funds in the Tier I Investment Fund of the Savings Fund and the Tier II Investment Fund of the Savings Fund under sections 256 and 257, respectively; (2) to transfer into Tier III Investment Options under section 258; (3) to make distributions in accordance with section 259; and (4) to pay the administrative expenses of the Board in accordance with subsection (e). (d) Limitations on use of funds \n(1) In general \nSums in the Savings Fund credited to a participating individual’s personal social security savings account may not be used for, or diverted to, purposes other than for the exclusive benefit of the participating individual or the participating individual’s beneficiaries under this part. (2) Assignments \nSums in the Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. (e) Payment of administrative expenses \nAdministrative expenses incurred to carry out this part shall be paid out of net earnings in the Savings Fund in conjunction with the allocation of investment earnings and losses under section 254(c). (f) Limitation \nThe sums in the Savings Fund shall not be appropriated for any purpose other than the purposes specified in this part and may not be used for any other purpose.", "id": "H5F1DF84FA6884A3DB40093E3A8068027", "header": "Social Security Personal Savings Fund" }, { "text": "253. Participation in Program \n(a) Participating individual \nFor purposes of this part, the term participating individual means any individual— (1) (A) who receives wages in any calendar year after December 31, 2004, on which there is imposed a tax under section 3101(a) of the Internal Revenue Code of 1986, or (B) who derives self-employment income for a taxable year beginning after December 31, 2004, on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986, (2) who is born on or after January 1, 1950, and (3) who has not filed an election to renounce such individual’s status as a participating individual under subsection (b) or has filed such an election and has subsequently filed an election to reinstate such individual’s status as a participating individual under subsection (c). (b) Renunciation of participation \n(1) In general \nAn individual— (A) who has not attained retirement age (as defined in section 216(l)(1)), and (B) with respect to whom no distribution has been made from amounts credited to the individual’s personal social security savings account for the purchase of a personal social security savings annuity, may elect, in such form and manner as shall be prescribed in regulations of the Board, to renounce such individual’s status as a participating individual for purposes of this part. Upon completion of the procedures provided for under paragraph (2), any such individual who has made such an election shall not be treated as a participating individual under this part, effective as if such individual had never been a participating individual. The Board shall provide for immediate notification of such election to the Commissioner of Social Security, the Secretary of the Treasury, and the Executive Director. (2) Procedure \nThe Board shall prescribe by regulation procedures governing the termination of an individual's status as participating individual pursuant to an election under this subsection. Such procedures shall include— (A) prompt closing of the individual’s personal social security savings account established under section 254, (B) revocation of any benefit credit certificate assigned to the individual’s personal social security savings account under section 255, and (C) prompt transfer to the Federal Old-Age and Survivors Insurance Trust Fund as general receipts of any amount held in the Tier II Investment Fund of the Savings Fund or under a Tier III Investment Option pursuant to section 257 or 258 and credited to such individual’s personal social security savings account. (c) Reinstatement of participation \n(1) In general \nAny individual who has filed an election under subsection (b) to renounce such individual's status as a participating individual under this part may elect, in such form and manner as shall be prescribed in regulations of the Board, to reinstate such status. Such regulations shall provide for regular, periodic opportunities for the filing of such an election. The Board shall provide for immediate notification to the Commissioner of Social Security, the Secretary of the Treasury, and the Executive Director of such election. (2) Effectiveness of reinstatement \nAn election under this subsection shall be effective with respect to wages earned, and self-employment income derived, on the earliest date on which the Board determines is practicable to make such election effective following the date of the filing of the election. The individual filing the election shall be treated as becoming a participating individual under this part on the effective date of the election as if such individual first met the requirements of subsection (a) on such date. (3) Irrevocability \nAn election under this subsection shall be irrevocable.", "id": "H24133400355E4A5200CF67BC8D1B7E74", "header": "Participation in Program" }, { "text": "254. Personal social security savings accounts \n(a) Establishment of publicly administered system of personal security savings accounts \nAs soon as practicable after the later of January 1, 2005, or the date on which an individual becomes a participating individual under this part, the Executive Director shall establish a personal social security savings account for such individual. Such account shall be the means by which amounts held in the Tier I Investment Fund and the Tier II Investment Fund of the Savings Fund under sections 256 and 257 and amounts held under Tier III Investment Options under section 258 are credited to such individual, under procedures which shall be established by the Board by regulation. Each account of a participating individual shall be identified to such participating individual by means of the participating individual’s social security account number. (b) Account balance \nThe balance in a participating individual’s account at any time is the sum of— (1) the balance in the Tier I Investment Fund of the Savings Fund credited to such participating individual prior to transfer of the credited amount to the Tier II Investment Fund of the Savings Fund; plus (2) the excess of— (A) all deposits in the Tier II Investment Fund of the Savings Fund credited to such participating individual’s personal social security savings account, subject to such increases and reductions as may result from allocations made to and reductions made in the account pursuant to subsection (c)(1); over (B) amounts paid out of the Tier II Investment Fund in connection with amounts credited to such participating individual’s personal social security savings account; plus (3) the excess of— (A) the deposits in the Tier III Investment Options credited to such participating individual’s personal social security savings account, subject to such increases and reductions as may result from amounts credited to, and reductions made in, the account pursuant to subsection (c)(2); over (B) amounts paid out of the Tier III Investment Options of such participating individual. The calculation made under paragraph (3) shall be made separately for each Tier III Investment Option of the participating individual. The Board shall also hold for the participating individual any benefit credit certificate assigned to the participating individual’s personal social security savings account under section 255. (c) Allocation of earnings and losses \nPursuant to regulations which shall be prescribed by the Board, the Executive Director shall allocate to each personal social security savings account an amount equal to the net earnings and net losses from each investment of sums— (1) in the Tier I Investment Fund and the Tier II Investment Fund which are attributable to sums credited to such account reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director; and (2) in the Tier III Investment Options which are attributable to sums credited to such account reduced by the administrative expenses paid out of the net earnings.", "id": "HF98D2FE4C8AB44B789CC008742F3696E", "header": "Personal social security savings accounts" }, { "text": "255. Benefit credit certificates \n(a) In general \nAs soon as is practicable after a personal social security savings account is established under this part with respect to any participating individual, the Board shall certify the establishment of such account to the Secretary of the Treasury, and, upon receipt of such certification, such Secretary shall assign to the account of such individual a benefit credit certificate. The benefit credit certificate shall be evidenced by a paper instrument provided to the participating individual setting forth the terms specified in this section, and stating on its face that the certificate shall be incontestable in the hands of the bearer, that the certificate is supported by the full faith and credit of the United States, and that the United States is pledged to the satisfaction of the terms of the certificate as provided in this section. (b) Value \n(1) Face value \nThe benefit credit certificate shall have an initial face value equal to the total estimated actuarial present value of the future monthly insurance benefits under section 202 to which the participating individual would be entitled, and to which other individuals would be entitled under section 202 based on the participating individual’s wages and self-employment income, payable on or after the date on which such individual becomes entitled to old-age insurance benefits under section 202(a) (or the date of such individual’s death, if earlier) determined under current law as in effect on the date of the determination, using the assumptions provided under paragraph (2) and taking into account the reduction in the participating individual’s primary insurance amount under section 215(j). (2) Assumptions \nThe actuarial present value determined under paragraph (1) shall be determined— (A) taking into account solely wages and self-employment income credited to the participating individual as of the date of the determination (including any amounts creditable to such individual as of such date but not yet credited as of such date, as estimated in accordance with regulations which shall be prescribed by the Board), (B) assuming that the participating individual would become entitled to old-age insurance benefits under section 202(a) on the day such individual would attain retirement age (as defined in section 216(l)(1)), and (C) using reasonable actuarial and economic assumptions concerning mortality rates, discount rates, wage growth, and other relevant factors. (3) Adjustment to value \nNot less than annually, the Board shall update the face value of the benefit credit certificate to reflect any changes in the total estimated actuarial present value of the future monthly benefits described in paragraph (1), as determined under this subsection as of the date of the update. (c) Redemption \nRedemption of a benefit credit certificate assigned to a participating individual’s personal social security savings account shall be obtained only by means of the receipt of benefits under section 202 by individuals entitled to such benefits under part A, based on the wages and self-employment income of such participating individual, on or after the date on which the participating individual becomes entitled to old-age insurance benefits under section 202(a) (or the date of such individual’s death, if earlier), taking into account section 215(j). Payment of such benefits shall constitute full redemption of such certificate.", "id": "HE4CA7ADD83F6474C935BCEAB54C9AEFF", "header": "Benefit credit certificates" }, { "text": "256. Tier I Investment Fund \n(a) Establishment of Tier I Investment Fund \n(1) In general \nThe Savings Fund shall include a separate fund to be known as the Tier I Investment Fund. (2) Amounts in fund \nThe Tier I Investment Fund consists of all amounts derived from payments into the Fund under section 252(b) and remaining after investment of such amounts under subsection (b), including additional amounts derived as income from such investments. (3) Use of funds \nThe amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (A) to be held for investment on behalf of participating individuals under subsection (b), (B) to pay the administrative expenses related to the Fund, and (C) to make transfers from the Fund under subsection (c)(2). (b) Investment of Fund balance \nFor purposes of investment of the Tier I Investment Fund, the Board shall contract with appropriate professional asset managers, recordkeepers, and custodians selected for investment of amounts held in the Fund, so as to provide for investment of the balance of the Fund, in a manner providing broad diversification in accordance with regulations of the Board, in— (1) insurance contracts, (2) certificates of deposit, or (3) other instruments or obligations selected by such asset managers, which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time. (c) Separate crediting to personal social security savings accounts and transfers to the Tier II Investment Fund or to Tier III Investment Options \n(1) Crediting to accounts \n(A) In general \nSubject to this paragraph, the Board shall provide for prompt, separate crediting, as soon as practicable, of the amounts deposited in the Tier I Investment Fund to the personal social security savings account of each participating individual with respect to the redirected social security contributions (as defined in section 252(b)(3)) of such participating individual. The Board shall include in such crediting, with respect to each such individual, any increases or decreases in such amounts so as to reflect the net returns and losses from investment of the balance of the Fund prior to such crediting. For purposes of determining such increases and decreases for each calendar year, the amounts deposited into the Fund in connection with such individual during such calendar year shall be deemed to have been deposited on June 30 of such year. (B) Treatment of married participating individuals \nIf the participating individual is married as of the end of the calendar year in which the amounts to be credited were deposited in the Tier I Investment Fund and the spouse is also a participating individual, the personal social security savings account of the participating individual and the personal social security savings account of his or her spouse shall each be credited with 50 percent of such amounts. (2) Transfers from the Tier I Investment Fund \nIn accordance with elections filed with the Board by a participating individual, any amount credited to the personal social security savings account of such participating individual under paragraph (1) shall be promptly transferred to the Tier II Investment Fund of the Savings Fund for investment in accordance with section 257 and, to the extent available under section 258, to Tier III Investment Options in accordance with section 258. (d) Treatment of amounts held in Tier I Investment Fund \nSubject to this part— (1) until amounts deposited into the Tier I Investment Fund during any calendar year are credited to personal social security savings accounts, such amounts shall be treated as the unallocated property of all participating individuals with respect to whom amounts were deposited in the Fund during such year, jointly held in trust for such participating individuals in the Savings Fund, and (2) amounts deposited into the Fund which are credited to the personal social security savings account of a participating individual shall be treated as property of the participating individual, held in trust for such participating individual in the Savings Fund.", "id": "HA8834543BB6F49C5954014C017FDA353", "header": "Tier I Investment Fund" }, { "text": "257. Tier II Investment Fund \n(a) Establishment of Tier II Investment Fund \n(1) In general \nThe Savings Fund shall include a separate fund to be known as the Tier II Investment Fund. (2) Amounts in Fund \nThe Tier II Investment Fund consists of all amounts derived from payments into the Fund under section 256(c)(2) and remaining after investment of such amounts under subsection (b), including additional amounts derived as income from such investments. (3) Use of funds \nThe amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (A) to be held for investment under subsection (b), (B) to pay the administrative expenses related to the Fund, and (C) to make transfers to Tier III Investment Options under section 258 or to make payments under section 259. (b) Payments into Tier II Investment Fund \n(1) In general \nUpon the crediting under section 252 to the personal social security savings account of a participating individual of any amount held in the Tier I Investment Fund for any calendar year, the Board shall transfer from the Tier I Investment Fund into the Tier II Investment Fund any amount so credited to such participating individual’s account which is not transferred to a Tier III Investment Option pursuant to an election under section 258(a). (2) Ongoing separate crediting \nSubject to this paragraph, the Board shall provide for ongoing separate crediting to each participating individual’s personal social security savings account of the amounts deposited in the Tier II Investment Fund with respect to such participating individual, together with any increases or decreases therein so as to reflect the net returns and losses from investment thereof while held in the Fund. (c) Investment in equities and fixed income instruments in 3 alternative investment accounts \n(1) In general \nFor purposes of investment of the Tier II Investment Fund, the Board shall divide the Fund into 3 investment accounts. Such accounts shall consist of the 65/35 investment account, the 50/50 investment account, and the 80/20 investment account. The Board shall contract with appropriate investment managers, recordkeepers, and custodians selected for investment of amounts held in each investment account. (2) Rules relating to investment accounts \n(A) In general \nThe investment manager, recordkeeper, and custodian selected for investment of amounts held in each investment account referred to paragraph (1) shall invest such amounts under regulations which shall be prescribed by the Board so as to ensure, to the maximum extent practicable, that, of the total balance in the Fund credited to such account and available for investment (after allowing for administrative expenses)— (i) the prescribed equities percentage is invested in equities in accordance with paragraph (4), and (ii) the prescribed fixed income instruments percentage is invested in fixed income instruments in accordance with paragraph (5). (B) Prescribed percentages \nFor purposes of subparagraph (A)— (i) The 65/35 investment account \nIn the case of the 65/35 investment account— (I) the prescribed equities percentage is 65 percent, and (II) the prescribed fixed income instruments percentage is 35 percent. (ii) The 50/50 investment account \nIn the case of the 50/50 investment account— (I) the prescribed equities percentage is 50 percent, and (II) the prescribed fixed income instruments percentage is 50 percent. (iii) The 80/20 investment account \nIn the case of the 80/20 investment account— (I) the prescribed equities percentage is 80 percent, and (II) the prescribed fixed income instruments percentage is 20 percent. (3) Election of investment options \n(A) Default investment account \nExcept as provided in an election in effect under subparagraph (B), amounts held in the Tier II Investment Fund shall be credited to the 65/35 investment account. (B) Election of transfers between investment accounts \nIn any case in which a participating individual who has an amount in such individual’s personal social security savings account credited to any of the investment accounts in the Tier II Investment Fund files with the Secretary of the Treasury a written election under this subparagraph, not more frequently than annually and in accordance with regulations of the Board, the Secretary of the Treasury shall transfer the full amount so credited in such investment account from such investment account to any one of the other investment accounts in the Tier II Investment Fund (whichever is designated in such election). (4) Investment in equities \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by equities selected for investment of the balance of the Tier II Investment Fund pursuant to paragraph (2)(A)(i). In conformity with such standards, the Board shall select, for purposes of such investment, indices which are comprised of equities the aggregate market value of which is, in each case, a reasonably broad representation of companies whose shares are traded on the equity markets. Amounts invested in equities under an investment option shall be held in a portfolio designed to replicate the performance of one or more of such indices. (5) Investment in fixed income instruments \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by fixed income instruments selected for investment of the balance of the Tier II Investment Fund pursuant to paragraph (2)(A)(ii). Such standards shall take into account the competing considerations of risk and return. Amounts invested in fixed income instruments in an investment option shall be held in a portfolio which shall consist of a diverse range of fixed income instruments, taking into full account the opposing considerations of risk and maximization of return. (6) Disclosure of administrative costs \nThe Executive Director shall provide to each participating individual an annual disclosure of the rate of administrative costs chargeable with respect to investment in each investment account in the Tier II Investment Fund. Such disclosure shall be written in a manner calculated to be understood by the average participating individual. (d) Adjustment of prescribed percentages and allowance of additional investment accounts \n(1) In general \nThe Board may from time to time, as determined by regulation as appropriate to further the purposes of this section, shall— (A) prescribe by regulation adjustments to the prescribed percentages for each investment account, (B) establish investment accounts in the Tier II Investment Fund meeting the requirements of this section in addition to those established by this section, and (C) terminate investment accounts in the Tier II Investment Fund. (2) 80 percent limit on equities \nNo investment account in the Tier II Investment Fund, after any exercise of the Board’s authority under paragraph (1), may be invested otherwise than in a combination of equities and fixed income investments or have a prescribed equities percentage of more than 80 percent. (e) Treatment of amounts held in Tier II Investment Fund \nSubject to this part, amounts deposited into, and held and accounted for in, the Tier II Investment Fund with respect to any participating individual shall continue to be treated as property of such participating individual, held in trust for such participating individual in the Fund.", "id": "H9F3D4646FD41460900D4B472A3143B86", "header": "Tier II Investment Fund" }, { "text": "258. Tier III Investment Options \n(a) Election of Tier III Investment Options \n(1) In general \nA participating individual may elect to direct transfers from amounts in the Savings Fund credited to the personal social security savings account of such individual into 1 or more Tier III Investment Options in accordance with paragraph (2). (2) Commencement of Tier III investment options upon attainment of election threshold \nIn any case in which, as of the end of any calendar year, the total balance in the Savings Fund credited to a participating individual’s personal social security savings account exceeds for the first time the election threshold, the Board shall, by regulation, provide for an opportunity for such participating individual to make, at any time thereafter, such individual’s first election of one or more of the Tier III Investment Options for investment of an amount in the Savings Fund credited to such account. Such election may be in lieu of or in addition to investment in the options available with respect to the Tier II Investment Fund of the Savings Fund. (3) Allocation of funds \nIn the case of an election under paragraph (1), funds credited to the personal social security savings account of the participating individual and elected for transfer to one or more Tier III Investment Options shall be transferred to the Tier III Investment Options so elected for such calendar year, in percentages specified in the election by the participating individual for each applicable portfolio. (4) Election threshold \n(A) In general \nSubject to subparagraph (B), for purposes of this subsection the term `election threshold' means an amount equal to $7,000. (B) Adjustments \nThe Board shall adjust annually (effective for annual reporting months occurring after December 2005) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00. (5) Subsequent investment of amounts held in Tier III Investment Options \nAny amounts held in one or more Tier III Investment Options may be— (A) transferred at any time to one or more other Tier III Investment Options, subject to applicable regulations of the Board and the terms governing the affected Tier III Investment Options, and (B) transferred, not more frequently than annually, to the Tier II Investment Fund, for deposit in the applicable investment account then selected by the participating individual under section 257. (b) Certification of eligible entities \n(1) In general \nThe Board shall certify eligible entities to offer Tier III Investment Options under this part. (2) Application \nAny eligible entity that desires to be certified by the Board to offer a Tier III Investment Option shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (3) Requirements for approval \nThe Board shall not certify an eligible entity unless such eligible entity agrees to the following requirements: (A) Separate accounting \nEach eligible entity shall, with respect to each Tier III Investment Option offered by such eligible entity to participating individuals— (i) establish separate accounts for the contributions of each participating individual, and any earnings properly allocable to the contributions, and (ii) maintain separate recordkeeping with respect to each account. (B) Treatment of amounts held in Fund \nAmounts deposited into, and held and accounted for in, a Tier III Investment Option with respect to any participating individual shall be treated as property of such participating individual, held in trust for such participating individual. (C) Trust requirements \nAmounts held and accounted for with respect to a participating individual shall be held in a trust created or organized in the United States for the exclusive benefit of such individual or his beneficiaries. (D) Exemption from third party claims \nEach Tier III Investment Option shall be exempt from any and all third party claims against the eligible entity. (E) Disclosure of administrative costs \nEach eligible entity offering a Tier III Investment Option under this section shall provide to each participating individual an annual disclosure of the rate of administrative costs chargeable with respect to investment in such Option. Such disclosure shall be written in a manner calculated to be understood by the average participating individual. The Board shall provide for coordination of disclosures with respect to Tier III Investment Options under this subparagraph so as to assist participating individuals in comparing alternative Options based on administrative costs. (F) Reporting to the Executive Director and the Board \nEach eligible entity shall provide reports to the Executive Director and the Board at such time, in such manner, and containing such information as the Board may require. (4) Eligible entity defined \nFor purposes of this section, the term eligible entity means any investment company (as defined in section 3 of the Investment Company Act of 1940) or other person that the Board determines appropriate to offer Tier III Investment Options under this part. (c) Approval of Tier III Investment Options \n(1) In general \nNo funds may be transferred into a Tier III Investment Option unless the Board has approved an application submitted under paragraph (2) with respect to the option. (2) Application \nWith respect to each Tier III Investment Option an eligible entity certified under subsection (b)(1) seeks to offer, such entity shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (3) Qualifications for approval \nThe Board may not approve an application submitted under paragraph (2) in connection with a Tier III Investment Option unless the following requirements are met: (A) Must be offered by certified eligible entity \nThe Tier III Investment Option is offered by an eligible entity certified under subsection (b). (B) Appropriate allocation of investments between equities and fixed income instruments \nThe amount credited to a participating individual’s personal social security savings account which is held for investment in any Tier III Investment Option is invested in a combination of equities and fixed income instruments so as to ensure, to the maximum extent practicable, that the percentage of such amount invested in equities is not more than 85 percent and not less than 45 percent. (C) Quality factors met \n(i) In general \nThe Tier III Investment Option meets qualifications which shall be prescribed by the Board relating to the quality factors described in clause (ii). (ii) Quality factors \nThe quality factors described in this clause are— (I) the safety and soundness of the Tier III Investment Option's proposed investment policy; (II) the experience and record of performance of the proposed investment option, if any; (III) the experience and record of performance of the entity issuing or offering such option; and (IV) such other factors as the Board may determine appropriate. (d) Considerations for certification and approval \nIn determining whether to certify an eligible entity under subsection (b) or to approve a Tier III Investment Option under subsection (c), the Board shall— (1) act in the best interests of the participating individuals; (2) base its determination solely on considerations of balancing safety and soundness of the Tier III Investment Option with the maximization of returns of such option; and (3) not base any determination related to the entity or option on political or other extraneous considerations. (e) Sponsorship of Tier III Investment Options by Membership and Labor Organizations \n(1) In general \nA membership or labor organization (as defined by the Board) may sponsor Tier III Investment Options under contracts with eligible entities certified under subsection (b) who shall administer the investment option if such investment option is approved by the Board under subsection (c). (2) Limitation to membership \nA membership or labor organization (as so defined) may limit to the members of such organization participation in a Tier III Investment Option sponsored by such organization. (f) Distributions in case of death \nUpon the death of a participating individual, the amount of any assets held under a Tier III Investment Option credited to the personal social security savings account of such individual shall be distributed in accordance with section 259(e).", "id": "H147DC9DAF57245F19DA0300F69D0091", "header": "Tier III Investment Options" }, { "text": "259. Personal social security savings annuity and other distributions \n(a) Date of initial distribution \nExcept as provided in subsection (e), distributions may be made to a participating individual only from amounts credited to the personal social security savings account of such individual on and after the earliest of— (1) the date the participating individual attains retirement age (as defined in section 216(l)(1)) or, if elected by the individual, early retirement age (as defined in section 216(l)(2)); or (2) the date on which the amount credited to the participating individual's personal social security savings account is sufficient to purchase a personal social security savings annuity with a monthly benefit that is at least equal to the minimum annuity payment amount (as defined in subsection (b)(2)(C)(iii)). (b) Personal social security savings annuities \n(1) Notice of available annuities \nNot later than the date determined under subsection (a), the Board shall notify each participating individual of— (A) the most recent listing of personal social security savings annuities approved by the Board under paragraph (3); and (B) the entitlement of the participating individual to purchase such an annuity. (2) Purchase of annuities \n(A) Selection of annuity \nSubject to subparagraph (C), on the date elected by the participating individual, but no earlier than the date determined under subsection (a), a participating individual may purchase a personal social security savings annuity selected from among the annuities approved by the Board under paragraph (3). (B) Transfer of assets \nUpon the selection of an annuity by a participating individual under subparagraph (A), the Board shall provide for the transfer of assets, credited to the personal social security savings account of the participating individual and held in the Tier II Investment Fund or under 1 or more Tier III Investment Options (or any combination thereof), in a total amount sufficient to purchase the annuity selected by the participating individual under such subparagraph. (C) Minimum annuity payment amount \n(i) In general \nIf, at the time a personal social security savings annuity is purchased under subparagraph (A), the assets credited to the personal social security savings account of the participating individual are sufficient to purchase a personal social security savings annuity approved by the Board under paragraph (3) with a monthly payment that is at least equal to the minimum annuity payment amount, the amount of the monthly benefit provided by such annuity may not be less then the minimum annuity payment amount. (ii) Construction \nNothing in this subparagraph shall be construed to prohibit a participating individual from using personal social security savings account assets to purchase a personal social security savings annuity which provides for a monthly payment in excess of the minimum amount required under clause (i). (iii) Minimum annuity payment amount defined \nFor purposes of this part, the term minimum annuity payment amount means, in connection with any participating individual, the excess of— (I) the deemed total part A monthly benefit amount with respect to the participating individual, determined as if section 215(j) did not apply, over (II) the deemed total part A monthly benefit amount with respect to the participating individual, determined with the application of section 215(j). (iv) Deemed total part a monthly benefit amount \n(I) In general \nFor purposes of clause (iii), the term deemed total part A monthly benefit amount means, with respect to a participating individual, the total amount which would be payable as monthly insurance benefits under section 202 for the month in which the participating individual attains or would attain early retirement age (as defined in section 216(l)(2)), based on the participating individual’s wages and self-employment income, if the participating individual applied for old-age insurance benefits under section 202(a) during such month and all other individuals who would therefore be eligible for benefits under section 202 for such month based on such wages and self-employment income applied for such benefits during such month. (II) Assumptions \nFor purposes of this clause, in the case of a participating individual with respect to whom determinations under this clause are made prior to the month described in subclause (I), the participating individual’s average indexed monthly earnings (within the meaning of section 215(b)) for such month shall be projected, under regulations which shall be prescribed by the Board, on the basis of reasonable actuarial assumptions, and the Board shall assume the survival through the end of such month of all other individuals described in subclause (I). (3) Approval of personal social security savings annuities and issuers \n(A) Certification of issuers \n(i) In general \nThe Board shall certify issuers eligible to enter into annuity contracts with participating individuals under this part. (ii) Application \nAny issuer that desires to be certified by the Board to issue a personal social security savings annuity shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Separate accounting \nAs a condition of certification under paragraph (1), each issuer shall, with respect to each personal social security savings annuity issued by such issuer to participating individuals— (I) establish a separate account for each participating individual, and (II) maintain separate recordkeeping with respect to each account. (iv) Exemption from third party claims \nEach personal social security savings annuity shall be exempt from any and all third party claims against the issuer. (B) Approval of personal social security savings annuities \n(i) In general \nNo funds may be used to purchase a personal social security savings annuity unless the Board has approved an application submitted under clause (ii) with respect to the annuity. (ii) Application \nWith respect to each personal social security savings annuity that an issuer certified under subparagraph (A)(i) seeks to issue, such issuer shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Qualifications for approval \n(I) In general \nThe Board may not approve an application under clause (i) unless the personal social security savings annuity that is the subject of the application meets qualifications which shall be prescribed by the Board relating to the quality factors described in subclause (II) and the application demonstrates that the cost-of-living protection requirement described in subclause (III) are met. (II) Quality factors \nThe quality factors described in this subparagraph include the safety and soundness of the annuity, the experience and record of performance of the issuer issuing the annuity, and such other factors as the Board may determine appropriate. (III) Cost-of-living protection requirement \nThe cost-of-living requirement of this subclause is met only if the terms governing the annuity include procedures providing for adjustments in the amount of the monthly payments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A). Nothing in this subclause shall be construed to preclude the terms governing such an annuity from providing for adjustments in the amount of monthly payments resulting in a payment for any month greater than the payment for that month that would result from adjustments required under the preceding sentence. (c) Purchase of annuities in the event of insufficient assets \nIf a participating individual desires to purchase a personal social security savings annuity under subsection (b) on or after the date determined under subsection (a)(1) and the assets of the personal social security savings account of such individual are insufficient to purchase a personal social security savings annuity that provides for a monthly payment that is at least equal to the minimum annuity payment amount (as defined in subsection (b)(2)(C)(iii)), the participating individual shall purchase the largest personal social security savings annuity that the participating individual's personal social security savings account can fund and that otherwise meets the requirements of subsection (b) (including the cost-of-living protection requirement of subsection (b)(3)(B)(iii)(III), and the Board shall provide for appropriate certification to the Secretary of the Treasury with respect to the participating individual’s eligibility for guarantee payments under section 260. (d) Right to use excess personal social security savings account assets \nTo the extent assets credited to a participating individual's personal social security savings account remain after the purchase of an annuity under subsection (b), the remaining assets shall be payable to the participating individual at such time, in such manner, and in such amounts as the participating individual may specify. (e) Distributions in case of death \nIf the participating individual dies before all amounts which are held in the Tier I Investment Fund or the Tier II Investment Fund of the Savings Fund or held under a Tier III Investment Option and which are credited to the personal social security savings account of the individual are otherwise distributed in accordance with this section, such amounts shall be distributed, under regulations which shall be prescribed by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to such individual's estate. (f) Personal social security savings annuity \nFor purposes of this part, the term `personal social security savings annuity' means an annuity that meets the following requirements: (1) The annuity starting date (as defined in section 72(c)(4) of the Internal Revenue Code of 1986) commences on the first day of the month beginning after the date of the purchase of the annuity. (2) The terms of the annuity provide, except in any case described in subsection (c), for a monthly payment to the participating individual during the life of the participating individual equal to at least the minimum annuity payment amount (as defined in subsection (b)(2)(C)(iii)). (3) The terms of the annuity include such terms and conditions as the Board requires for the protection of the annuitant (including terms meeting the cost-of-living requirement of subsection (b)(3)(B)(iii)(III)).", "id": "H1946F52D6372451F946E0833C7DF55CF", "header": "Personal social security savings annuity and other distributions" }, { "text": "260. Guarantee of promised benefits \n(a) In general \nIf, for any month ending after the date on which a participating individual attains retirement age (as defined in section 216(l)(1)), the monthly payment under a participating individual's personal social security savings annuity is less than the minimum annuity payment amount (as defined in section 259(b)(2)(C)(iii)), adjusted as provided in section 259(b)(3)(B)(iii)(III), the Board shall so certify to the Secretary of the Treasury and, upon receipt of such certification, such Secretary shall provide to the participating individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a guaranty payment for such month to supplement the personal social security savings annuity and to guarantee full payment of such individual's monthly promised benefits. (b) Guaranty payment \nFor purposes of subsection (a), a participating individual's guaranty payment for any month is equal to the excess of— (1) the minimum annuity payment amount (as defined in section 259(b)(2)(C)(iii)), adjusted as provided in section 259(b)(3)(B)(iii)(III); over (2) the payment for such month of the personal social security savings annuity purchased by the participating individual. (c) Protection of part a normal retirement benefit levels \n(1) In general \nIn any case in which, for any month ending after the date on which a participating individual attains retirement age (as defined in section 216(l)(1))— (A) such individual’s assumed total normal retirement part A benefit for such month, determined without the application of section 215(j), exceeds— (B) the sum of— (i) such individual’s assumed total normal retirement part A benefit for such month, determined with the application of section 215(j), plus (ii) the monthly payment payable for such month under such individual’s personal social security savings annuity, the Secretary of the Treasury shall pay to such individual for such month, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, an additional amount (if any) equal to the excess of the amount described in subparagraph (A) over the amount described in subparagraph (B). (2) Definition \nFor purposes of this subsection, the term assumed total normal retirement part A benefit means, in connection with a participating individual, the total amount of monthly insurance benefits under section 202 based on such individual’s wages and self-employment income (adjusted by taking into account adjustments under section 215(i)) that would have been payable if such individual applied for old-age insurance benefits under section 202(a) during the month in which such individual attains retirement age (as defined in section 216(l)(1)).", "id": "H4B5CB90FE9B44DF688DFE45000E6F36F", "header": "Guarantee of promised benefits" }, { "text": "261. Personal Social Security Savings Account Board \n(a) Establishment \nThere is established in the executive branch of the Government a Personal Social Security Savings Account Board. (b) Composition \nThe Board shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and (2) 2 members appointed by the President, of whom— (A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; and (B) 1 shall be appointed by the President after taking into consideration the recommendation made by the Majority Leader of the Senate in consultation with the Minority Leader of the Senate. (c) Advice and consent \nAppointments under subsection (b) shall be made by and with the advice and consent of the Senate. (d) Membership requirements \nMembers of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments \n(1) Terms \nA member of the Board shall be appointed for a term of 4 years, except that of the members first appointed under subsection (b)— (A) the Chairman shall be appointed for a term of 4 years; (B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and (C) the remaining members shall be appointed for terms of 2 years. (2) Vacancies \n(A) In general \nA vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Completion of term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (3) Expiration \nThe term of any member shall not expire before the date on which the member's successor takes office. (f) Duties \nThe Board shall— (1) administer the program established under this part; (2) establish policies for the investment and management of the Savings Fund, including the Tier I Investment Fund and the Tier II Investment Fund, and amounts held under Tier III Investment Options, including policies applicable to the asset managers, recordkeepers, and custodians with responsibility for managing the investment of amounts credited to personal social security investment accounts, and for the management and operation of personal social security savings annuities, which shall provide for— (A) prudent investments suitable for accumulating funds for payment of retirement income; (B) sound management practices; and (C) low administrative costs; (3) review the performance of investments made for the Tier I Investment Fund and the Tier II Investment Fund; (4) review the performance of investments made under Tier III Investment Options; (5) review the management and operation of personal social security savings annuities; (6) review and approve the budget of the Board; and (7) comply with the fiduciary requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (relating to fiduciary responsibility) in connection with any exercise of discretion in connection with the assets of the Savings Fund. (g) Administrative provisions \n(1) In general \nThe Board may— (A) adopt, alter, and use a seal; (B) except as provided in paragraph (4), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this part and the policies of the Board in accordance with delegations under this part; (C) upon the concurring votes of 4 members, remove the Executive Director from office for good cause shown; (D) provide to the Executive Director such resources as are necessary to carry out the duties of the Executive Director; and (E) take such other actions as may be necessary to carry out the functions of the Board. (2) Meetings \nThe Board shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (3) Exercise of powers \n(A) In general \nExcept as provided in paragraph (1)(C), the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. Three members of the Board shall constitute a quorum for the transaction of business. (B) Vacancies \nA vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board. (4) Limitations on investments \nThe Board may not direct any person to invest or to cause to be invested any sums in the Tier II Investment Fund or any personal social security investment account in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund or any such account. (h) Compensation \n(1) In general \nEach member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (2) Expenses \nA member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Board. (3) Source of funds \nPayments authorized under this subsection shall be paid from the Tier I Investment Fund or the Tier II Investment Fund, as determined appropriate by the Board. (i) Discharge of responsibilities \nThe members of the Board shall discharge their responsibilities solely in the interest of the participating individuals and their beneficiaries under this part. (j) Annual independent audit \nThe Board shall annually engage an independent qualified public accountant to audit the activities of the Board. (k) Submission of budget to Congress \nThe Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to Congress under section 1105 of title 31, United States Code. (l) Submission of legislative recommendations \nThe Board may submit to the President, and, at the same time, shall submit to each House of Congress, any legislative recommendations of the Board relating to any of its functions under this part or any other provision of law.", "id": "H864457267ADF406CBAD83DBE50BC3344", "header": "Personal Social Security Savings Account Board" }, { "text": "262. Executive Director \n(a) Appointment of Executive Director \nThe Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (b) Duties \nThe Executive Director shall, as determined appropriate by the Board— (1) carry out the policies established by the Board; (2) invest and manage the Tier I Investment Fund and the Tier II Investment Fund in accordance with the investment policies and other policies established by the Board; (3) administer the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; and (4) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this part relating to the Tier I Investment Fund and the Tier II Investment Fund. (c) Administrative authority \nThe Executive Director may, within the scope of the duties of the Executive Director as determined by the Board— (1) appoint such personnel as may be necessary to carry out the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; (2) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; (3) secure directly from an Executive agency, the United States Postal Service, or the Postal Rate Commission any information necessary to carry out the provisions of this part and the policies of the Board relating to the Tier I Investment Fund and the Tier II Investment Fund; (4) make such payments out of sums in the Tier I Investment Fund and the Tier II Investment Fund as the Executive Director determines, in accordance with regulations of the Board, are necessary to carry out the provisions of this part and the policies of the Board; (5) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (1), (2), and (6) from the Tier I Investment Fund or the Tier II Investment Fund, in accordance with regulations of the Board; (6) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, authorized by section 5703 of title 5, United States Code, including per diem as authorized by section 5702 of such title; (7) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (8) take such other actions as are appropriate to carry out the functions of the Executive Director.", "id": "H3CD2BAF982A643F3B757ED38D0A2FBE", "header": "Executive Director" }, { "text": "3. Adjustments to primary insurance amounts \n(a) In general \nSection 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended by adding at the end the following new subsection: (j) Adjustment of primary insurance amount in relation to deposits made to personal social security savings accounts \n(1) Except as provided in paragraph (3), the primary insurance amount of a participating individual under the Personal Social Security Savings Accounts Program under part B of this title, as determined in accordance with this section before adjustments made under subsection (i), shall be equal to the product derived by multiplying— (A) the primary insurance amount as determined before the application of this subsection; by (B) a fraction— (i) the numerator of which is the excess of— (I) the total of amount of redirected social security contributions (as defined in section 252(b)(3)) that would have been transferred to the Social Security Personal Savings Fund in connection with such individual for each year after such individual attained the age of 18 had the individual been a participating individual on the date such individual attained the age of 18, over (II) the present value of the actual total amount of redirected social security contributions (as so defined) deposited in the Social Security Personal Savings Fund in connection with such individual for each year during which such individual was a participating individual, assuming for each year the present value of the amount determined for such year, and (ii) the denominator of which is the amount described in clause (i)(I), rounded to the next higher multiple of $0.10 where such product is a multiple of $0.05 but not a multiple of $0.10 and to the nearest multiple of $0.10 in any other case. (2) In determining the present values for purposes of paragraph (1), the Commissioner of Social Security shall assume an annual interest rate for any period equal to the average annual yield on investments of the Federal Old-Age and Survivors Insurance Trust Fund for such period under section 201(d). (3) In the case of a participating individual who becomes entitled to disability insurance benefits under section 223, such individual's primary insurance amount shall be determined without regard to paragraph (1). (4) In the case of an individual who becomes entitled to benefits under section 202, other than old-age insurance benefits under section 202(a), on the basis of the wages and self-employment income of a participating individual who dies before such participating individual purchases a personal social security savings annuity under section 259, such participating individual’s primary insurance amount shall be determined under this section without regard to paragraph (1)..", "id": "H853A74CF2AE7461FB55B8F0097589890", "header": "Adjustments to primary insurance amounts" }, { "text": "4. General fund transfers to the Federal Old-Age and Survivors Insurance Trust Fund \n(a) Recapture of corporate tax on account yields \n(1) In general \nIn the case of fiscal years beginning after September 30, 2004, the Secretary of the Treasury, in consultation with the Personal Social Security Savings Account Board, shall estimate and transfer to the Federal Old-Age and Survivors Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) within 3 months after the end of each fiscal year an amount equal to the recapture amount for such fiscal year. For purposes of the preceding sentence, the recapture amount for any fiscal year shall be equal to the amount of corporate tax receipts under the Internal Revenue Code of 1986 deposited in the Treasury for that fiscal year which are attributable to personal social security savings account investments under part B of title II of the Social Security Act. (2) Initial assumptions \nIn determining the recapture amount under subsection (a) for fiscal years 2005 and 2006, the Secretary of the Treasury shall make the following assumptions concerning the total amount of taxable capital in the United States represented by the total assets held by personal social security savings accounts established under part B of title II of the Social Security Act: (A) 80 percent of such total assets are a net addition to national investments. (B) Of the amount described in subparagraph (A), 90 percent will be invested in the United States and subject to taxation under the Internal Revenue Code of 1986. (C) Of the amount described in subparagraph (B), 95 percent will be subject to the Federal corporate tax. (D) The amount described in subparagraph (C) is subject to the statutory tax rate of 35 percent (resulting in an effective corporate tax rate of 23.9 percent on the earnings of all such total assets). (b) Recapture of Government savings over baseline \n(1) In general \nIn the case of fiscal years beginning after September 30, 2004, the Secretary of the Treasury, in consultation with the Personal Social Security Savings Account Board, shall estimate and transfer to the Federal Old-Age and Survivors Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) within 3 months after the end of each fiscal year an amount equal to the spending reductions amount for such fiscal year. For purposes of the preceding sentence, the spending reductions amount shall be an amount equal to— (A) for any fiscal year in the period beginning with fiscal year 2005 and ending with fiscal year 2012, the excess of— (i) 20 percent of the gross domestic product (as determined by the Congressional Budget Office) for the fiscal year for which the determination is made; over (ii) the product of— (I) 20 percent of the gross domestic product (as so determined) for the fiscal year for which the determination is made; and (II) 0.99, factored a number of times equal to the number of fiscal years during such period which end with or before the fiscal year for which the determination is made; and (B) for any fiscal year beginning after fiscal year 2012 and ending with the termination year— (i) the amount determined under subparagraph (A) for fiscal year 2012; increased by (ii) the rate of growth of the gross domestic product (as so determined) over the period beginning with fiscal year 2013 and ending with the fiscal year for which the determination is made. (2) Accomodation for low OASDI balance ratio \nNotwithstanding paragraph (1)(B), in any case in which the OASDI trust fund ratio is less than 125 percent as of the end of the fiscal year preceding each fiscal year during any period of 1 or more fiscal years referred to in paragraph (1)(B) and preceding the termination year— (A) the spending reductions amount for each fiscal year during such period shall be the excess of— (i) 20 percent of the gross domestic product (as projected by the Department of Commerce) for the fiscal year for which the determination is made; over (ii) the product of— (I) 20 percent of the gross domestic product (as so projected) for the fiscal year for which the determination is made; and (II) 0.99, factored a number of times equal to the number of fiscal years during such period which end with or before the fiscal year for which the determination is made plus the number of fiscal years during the period described in paragraph (1)(A), and (B) paragraph (1)(B) shall apply with respect to subsequent fiscal years by substituting for the reference, in paragraph (1)(B)(i), to fiscal year 2012 a reference to the last fiscal year in such period. (3) Termination year \nFor purposes of paragraph (1)(B), the termination year is the first fiscal year, after fiscal year 2012— (A) for which the OASDI trust fund ratio is at least 125 percent; and (B) on the last day of which there are no outstanding transition obligations of the Self-Liquidating Social Security Transition Fund under section 6. (4) OASDI trust fund ratio \nIn paragraph (2)(A), the term OASDI trust fund ratio means, for a fiscal year, the ratio (expressed as a percentage) of— (A) the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as of the last day of such fiscal year; over (B) the amount estimated by the Commissioner of Social Security to be the total amount to be paid from such Trust Funds during the fiscal year following such fiscal year for all purposes authorized by section 201 of the Social Security Act (excluding any transfer payments between such Trust Funds and reducing the amount of any transfer to the Railroad Retirement Account by the amount of any transfers into either such Trust Fund from such Account).", "id": "H7DC4714DF07E4AE3AF84861752D316D9", "header": "General fund transfers to the Federal Old-Age and Survivors Insurance Trust Fund" }, { "text": "5. Tax treatment of accounts \n(a) In general \n(1) In general \nSubchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: IX Personal Social Security Savings Program \nSec. 530A. Personal social security savings program 530A. Personal social security savings program \n(a) General Rule \nThe Social Security Personal Savings Fund and each Tier III Investment Option are exempt from taxation under this subtitle. Notwithstanding the preceding sentence, a personal social security savings account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (b) Distributions \n(1) In general \nAny qualified distribution from amounts credited to a personal social security savings account from the Social Security Personal Savings Fund or held in a Tier III Investment Option shall not be included in the gross income of the distributee. (2) Qualified distribution \nFor purposes of paragraph (1), the term qualified distribution means a distribution which meets the requirements of section 259 of the Social Security Act and which is not a guaranty payment (as defined by section 260 of such Act). (c) Definitions \nFor purposes of this section— (1) Personal social security savings account \nFor purposes of this section, the term personal social security savings account means an account established under section 254(a) of the Social Security Act. (2) Social Security Personal Savings Fund \nThe term Social Security Personal Savings Fund means the Savings Fund established under section 252 of the Social Security Act. (3) Tier III Investment Option \nThe term Tier III Investment Option has the meaning given such term by section 251(9) of the Social Security Act. (d) Estate tax treatment \nNo amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of a distribution in the case of death under section 259(e) of the Social Security Act.. (2) Conforming amendment \nSection 86(d)(1)(A) of such Code is amended by inserting part A of after under. (3) Clerical amendment \nThe table of parts for subchapter F of chapter 1 of such Code is amended by adding after the item relating to part VIII the following new item: Part IX. Personal Social Security Savings Program.. (b) Guaranty payments \nParagraph (1) of section 86(d) of the Internal Revenue Act of 1986, as amended by subsection (b), is amended by striking or at the end of subparagraph (A), by striking the period and inserting , or at the end of subparagraph (B), and by adding at the end the following new subparagraph: (C) a guaranty payment under section 260(a), and a payment of an additional amount under section 260(c), of the Social Security Act.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H259EC783E3D8461795C6BF75722EF35F", "header": "Tax treatment of accounts" }, { "text": "530A. Personal social security savings program \n(a) General Rule \nThe Social Security Personal Savings Fund and each Tier III Investment Option are exempt from taxation under this subtitle. Notwithstanding the preceding sentence, a personal social security savings account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (b) Distributions \n(1) In general \nAny qualified distribution from amounts credited to a personal social security savings account from the Social Security Personal Savings Fund or held in a Tier III Investment Option shall not be included in the gross income of the distributee. (2) Qualified distribution \nFor purposes of paragraph (1), the term qualified distribution means a distribution which meets the requirements of section 259 of the Social Security Act and which is not a guaranty payment (as defined by section 260 of such Act). (c) Definitions \nFor purposes of this section— (1) Personal social security savings account \nFor purposes of this section, the term personal social security savings account means an account established under section 254(a) of the Social Security Act. (2) Social Security Personal Savings Fund \nThe term Social Security Personal Savings Fund means the Savings Fund established under section 252 of the Social Security Act. (3) Tier III Investment Option \nThe term Tier III Investment Option has the meaning given such term by section 251(9) of the Social Security Act. (d) Estate tax treatment \nNo amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of a distribution in the case of death under section 259(e) of the Social Security Act.", "id": "H663489627767476FAC7F23C492EBD4F", "header": "Personal social security savings program" }, { "text": "6. Self-Liquidating Social Security Transition Fund \n(a) Establishment \nThere is hereby created on the books of the Treasury of the United States a trust fund to be known as the Self-Liquidating Social Security Transition Fund (in this section referred to as the Transition Fund ). (b) Deposit of OASDI Trust Fund surplus \n(1) In general \nThere are appropriated to the Transition Fund for the fiscal year beginning in 2030, and for each fiscal year thereafter, out of any moneys in the Federal Old-Age and Survivors Insurance Trust Fund, amounts equivalent to the OASDI trust fund surplus (as defined in paragraph (2)) for the preceding fiscal year. (2) OASDI Trust Fund surplus defined \nIn this section, the term OASDI trust fund surplus for a fiscal year means the dollar amount by which the Federal Old-Age and Survivors Insurance Trust Fund could be reduced as of the end of such fiscal year so as to result in an OASDI trust fund ratio (as defined in section 5(b)(3)) for such fiscal year equal to 125 percent. (3) Rule of construction \nThis section shall not be construed to require redemption of obligations of the Trust Fund for the purpose of making transfers to the Transition Fund under this section or for any other purpose other than to provide for payment of benefits under part A of title II of the Social Security Act. (c) Transfers based on estimates \nThe amounts appropriated by subsection (c)(1) shall be transferred from time to time from the Federal Old-Age and Survivors Insurance Trust Fund to the Transition Fund, such amounts to be determined on the basis of estimates by the Commissioner of Social Security. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than such surplus. (d) Board of Trustees \n(1) Establishment \nWith respect to the Transition Fund, there is hereby created a body to be known as the Board of Trustees of the Transition Fund (in this section referred to as the Board of Trustees ) composed of the Commissioner of Social Security, the Secretary of the Treasury, and the members of the Personal Social Security Savings Account Board established under section 261 of the Social Security Act. (2) Meetings \nThe Board of Trustees shall meet not less frequently than once each calendar year. (3) Duties \nThe duties of the Board of Trustees are as follows: (A) Use all funds paid into the Transition Fund to redeem obligations issued under section 8 as soon as practicable. (B) Report to Congress not later than the first day of April of each year on the operation and status of the Transition Fund during the preceding fiscal year and on its expected operation and status during the current fiscal year and the next 2 fiscal years. (C) Review the general policies followed in managing the Transition Fund, and recommend changes in such policies, including necessary changes in the provisions of law which govern the way in which the Transition Fund is to be managed. (e) Policy declaration \nIt is hereby declared the policy of the United States that all obligations issued under section 8 are to be redeemed by the Transition Fund as soon as possible. (f) Sunset \nOn the first date as of which all of the obligations issued under section 8 have been redeemed, any balance remaining in the Transition Fund as of such date shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund, the terms of the Board of Trustees shall end, and this section shall be repealed.", "id": "H260AE11E286646C3ACB84DCE2C26B8E0", "header": "Self-Liquidating Social Security Transition Fund" }, { "text": "7. Issuance of Transition Fund Bonds \n(a) Issuance \n(1) In general \nThe purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of public-debt obligations by the Self-Liquidating Social Security Transition Fund (in this section referred to as the Transition Fund ). (2) Required issuance \nBeginning on January 1, 2005, whenever any obligation held in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund is repaid from the general fund of the Treasury to either of such Trust Funds, the Transition Fund shall issue an obligation under this subsection in an amount equal to the amount of interest and principal so repaid. (3) Transfer of proceeds \nProceeds from the issuance of any obligation issued under this section shall be transferred to the general fund of the Treasury. (4) Accounting \nThe debt owed on any obligation issued under this section shall be considered to be debt of the Transition Fund and shall be accounted for in such manner. (b) Maturities and interest rate \nSuch obligations issued by the Transition Fund for purchase by the public shall have maturities fixed with due regard for the needs of the Transition Fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of 4 years from the end of such calendar month, except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest on such obligations shall be the multiple of one-eighth of 1 per centum nearest such market yield. (c) Repayment of obligations \nOnly funds in the Transition Fund may be used to redeem obligations issued under this section.", "id": "HE8CAE9A93E98409C87BF40077520284", "header": "Issuance of Transition Fund Bonds" }, { "text": "8. Accounting for the Old-Age, Survivors, and Disability Insurance Program and the Personal Social Security Savings Program \nTitle VII of the Social Security Act is amended by inserting after section 705 ( 42 U.S.C. 906 ) the following new section: 706. Accounting for the Old-Age, Survivors, and Disability Insurance Program and the Individual Social Security Investment Program \n(a) Social Security Lockbox Budget \nAt the time of the transmittal to the Congress by the President of the budget of the United States Government, the President shall transmit to each House of the Congress a separate report (to be known as the Social Security Lockbox Budget ) detailing the performance of the Social Security Part A Account, the Social Security Part B Account, and the Self-Liquidating Social Security Transition Fund Account (established under subsection (b)) during the preceding fiscal year. Such report shall set forth, as determined as of the end of the year— (1) the amount of the balance of each account, (2) the amount of the total charges and the amount of the total credits to each account for the year, and (3) the amount of the total for the year of each category of charges and credits itemized in subsection (b). (b) Establishment of accounts \nFor purposes of accounting for certain receipts and disbursement of the Treasury of the United States in connection with the Old-Age, Survivors, and Disability Insurance Program under part A of title II of the Social Security Act and the Individual Social Security Investment Program under part B of such title, the Secretary of the Treasury shall establish and maintain a Social Security Part A Account, a Social Security Part B Account, and a Self-Liquidating Social Security Transition Fund Account. (c) Credits and charges to the Social Security Part A Account \n(1) For each fiscal year, the Social Security Part A Account shall be credited with the sum of— (A) all receipts during the year by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under section 201 of the Social Security Act (including amounts received as interest on notes and obligations purchased by the Trust Funds under section 201(d) of such Act, and excluding amounts received in redemption of such notes and obligations and amounts received by either such Trust Fund as transfers from the other such Trust Fund), (B) all amounts transferred during the year from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund as recapture of corporate tax yields under section 5(a), (C) all amounts transferred during the year from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund as recapture of Government savings over the baseline under section 5(b), (D) all amounts transferred during the year from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund under section 11 (relating to dedication of budget surpluses to saving social security), and (E) all receipts during the year by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under section 121(e) of the Social Security Amendments of 1983 (relating to appropriation of amounts equivalent to taxes on social security benefits) ( 42 U.S.C. 401 note). (2) For each fiscal year, the Social Security Part A Account shall be charged with the sum of— (A) all benefits paid during the year from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under part A of title II of the Social Security Act, (B) all redirected social security contributions transferred during the year to the Social Security Personal Savings Fund under section 252(b) of the Social Security Act, (C) all other expenditures during the year from the Trust Funds under part A of title II (excluding amounts expended as transfers by either such Trust Fund to the other such Trust Fund and amounts paid for the purchase of notes and obligations under section 201(d) of the Social Security Act), and (D) all transfers from the Federal Old-Age and Survivors Insurance Trust Fund to the Self-Liquidating Social Security Transition Fund under section 6 of the Social Security Personal Savings and Prosperity Act of 2004. (d) Charges and credits to the Social Security Part B Account \n(1) For each fiscal year, the Social Security Part B Account shall be credited with— (A) all redirected social security contributions transferred during the year to the Personal Social Security Savings Fund under section 252(b) of the Social Security Act, and (B) any net increase in the Tier I Investment Fund attributable to investment for the fiscal year, any net increase in the Tier II Investment Fund attributable to investment for the fiscal year, and the total amount of any net increases in Tier III Investment Options attributable to investment for the fiscal year. (2) For each fiscal year, the Social Security Part B Account shall be charged with— (A) all administrative costs incurred for the fiscal year with respect to the Tier I Investment Fund, the Tier II Investment Fund, and the Tier III Investment Options, (B) any net decrease in the Tier I Investment Fund attributable to investment for the fiscal year, any net decrease in the Tier II Investment Fund attributable to investment for the fiscal year, and the total amount of any net decreases in Tier III Investment Options attributable to investment for the fiscal year, and (C) all amounts distributed during the year under section 259 from the Tier I Investment Fund, the Tier II Investment Fund, and the Tier III Investment Options. (e) Charges and credits to the Self-Liquidating Social Security Transition Fund Account \n(1) For each fiscal year, the Self-Liquidating Social Security Transition Account shall be credited with— (A) all transfers to the Transition Fund from the Federal Old-Age and Survivors Insurance Trust Fund under section 6(b) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 , and (B) all amounts expended during the fiscal year from the Trust Funds in the redemption under section 7(e) of such Act of obligations issued by the Transition Fund under section 8 of such Act. (2) For each fiscal year, the Self-Liquidating Social Security Transition Fund Account shall be charged with the total amount of obligations issued during the fiscal year by the Transition Fund under section 7 of the Social Security Personal Savings Guarantee and Prosperity Act of 2004..", "id": "H7DE7A9E7CBE044419B4C859011BD49A0", "header": "Accounting for the Old-Age, Survivors, and Disability Insurance Program and the Personal Social Security Savings Program" }, { "text": "706. Accounting for the Old-Age, Survivors, and Disability Insurance Program and the Individual Social Security Investment Program \n(a) Social Security Lockbox Budget \nAt the time of the transmittal to the Congress by the President of the budget of the United States Government, the President shall transmit to each House of the Congress a separate report (to be known as the Social Security Lockbox Budget ) detailing the performance of the Social Security Part A Account, the Social Security Part B Account, and the Self-Liquidating Social Security Transition Fund Account (established under subsection (b)) during the preceding fiscal year. Such report shall set forth, as determined as of the end of the year— (1) the amount of the balance of each account, (2) the amount of the total charges and the amount of the total credits to each account for the year, and (3) the amount of the total for the year of each category of charges and credits itemized in subsection (b). (b) Establishment of accounts \nFor purposes of accounting for certain receipts and disbursement of the Treasury of the United States in connection with the Old-Age, Survivors, and Disability Insurance Program under part A of title II of the Social Security Act and the Individual Social Security Investment Program under part B of such title, the Secretary of the Treasury shall establish and maintain a Social Security Part A Account, a Social Security Part B Account, and a Self-Liquidating Social Security Transition Fund Account. (c) Credits and charges to the Social Security Part A Account \n(1) For each fiscal year, the Social Security Part A Account shall be credited with the sum of— (A) all receipts during the year by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under section 201 of the Social Security Act (including amounts received as interest on notes and obligations purchased by the Trust Funds under section 201(d) of such Act, and excluding amounts received in redemption of such notes and obligations and amounts received by either such Trust Fund as transfers from the other such Trust Fund), (B) all amounts transferred during the year from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund as recapture of corporate tax yields under section 5(a), (C) all amounts transferred during the year from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund as recapture of Government savings over the baseline under section 5(b), (D) all amounts transferred during the year from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund under section 11 (relating to dedication of budget surpluses to saving social security), and (E) all receipts during the year by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under section 121(e) of the Social Security Amendments of 1983 (relating to appropriation of amounts equivalent to taxes on social security benefits) ( 42 U.S.C. 401 note). (2) For each fiscal year, the Social Security Part A Account shall be charged with the sum of— (A) all benefits paid during the year from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under part A of title II of the Social Security Act, (B) all redirected social security contributions transferred during the year to the Social Security Personal Savings Fund under section 252(b) of the Social Security Act, (C) all other expenditures during the year from the Trust Funds under part A of title II (excluding amounts expended as transfers by either such Trust Fund to the other such Trust Fund and amounts paid for the purchase of notes and obligations under section 201(d) of the Social Security Act), and (D) all transfers from the Federal Old-Age and Survivors Insurance Trust Fund to the Self-Liquidating Social Security Transition Fund under section 6 of the Social Security Personal Savings and Prosperity Act of 2004. (d) Charges and credits to the Social Security Part B Account \n(1) For each fiscal year, the Social Security Part B Account shall be credited with— (A) all redirected social security contributions transferred during the year to the Personal Social Security Savings Fund under section 252(b) of the Social Security Act, and (B) any net increase in the Tier I Investment Fund attributable to investment for the fiscal year, any net increase in the Tier II Investment Fund attributable to investment for the fiscal year, and the total amount of any net increases in Tier III Investment Options attributable to investment for the fiscal year. (2) For each fiscal year, the Social Security Part B Account shall be charged with— (A) all administrative costs incurred for the fiscal year with respect to the Tier I Investment Fund, the Tier II Investment Fund, and the Tier III Investment Options, (B) any net decrease in the Tier I Investment Fund attributable to investment for the fiscal year, any net decrease in the Tier II Investment Fund attributable to investment for the fiscal year, and the total amount of any net decreases in Tier III Investment Options attributable to investment for the fiscal year, and (C) all amounts distributed during the year under section 259 from the Tier I Investment Fund, the Tier II Investment Fund, and the Tier III Investment Options. (e) Charges and credits to the Self-Liquidating Social Security Transition Fund Account \n(1) For each fiscal year, the Self-Liquidating Social Security Transition Account shall be credited with— (A) all transfers to the Transition Fund from the Federal Old-Age and Survivors Insurance Trust Fund under section 6(b) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 , and (B) all amounts expended during the fiscal year from the Trust Funds in the redemption under section 7(e) of such Act of obligations issued by the Transition Fund under section 8 of such Act. (2) For each fiscal year, the Self-Liquidating Social Security Transition Fund Account shall be charged with the total amount of obligations issued during the fiscal year by the Transition Fund under section 7 of the Social Security Personal Savings Guarantee and Prosperity Act of 2004.", "id": "H12938178E0A44B92B145BD8032D587F0", "header": "Accounting for the Old-Age, Survivors, and Disability Insurance Program and the Individual Social Security Investment Program" }, { "text": "9. Budgetary treatment of social security \n(a) In general \nSection 710 of the Social Security Act ( 42 U.S.C. 911 ) is amended to read as follows: 710. Budgetary treatment of social security \n(a) In general \nNotwithstanding any other provision of law and except as provided in subsection (b), the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Social Security Personal Savings Fund (including transfers to and from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund relating to the acquisition or redemption of obligations acquired under section 201(d) of the Social Security Act) and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the budget of the Government as submitted by the President or the congressional budget or be reported as new budget authority, outlays, receipts, or deficit or surplus in any report of the Congressional Budget Office or any other agency or instrumentality of the Government (b) Matters included in the budget \nSubsection (a) shall not apply with respect to the following: (1) transfers from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund under section 4(a) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 (relating to recapture of corporate tax on account yields), which shall be treated as an expenditure of the Government; (2) transfers from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund under section 4(b) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 (relating to recapture of Government savings over baseline), which shall be treated as an expenditure of the Government; (3) transfers from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund under section 121(e) of the Social Security Amendments of 1983 (relating to appropriation of amounts equivalent to taxes on social security benefits) ( 42 U.S.C. 401 note), which shall be treated as an expenditure of the Government; and (4) revenues from taxes imposed under chapter 1 of the Internal Revenue Code of 1986, to the extent attributable to section 86 of such Code (relating to taxation of social security and tier 1 railroad retirement benefits), which shall be treated as a receipt of the Government.. (b) Conforming amendments \n(1) Section 13301 of the Budget Enforcement Act of 1990 ( 2 U.S.C. 632 ; 2 U.S.C. 632 note) is repealed. (2) Section 405 of the Congressional Budget Act of 1974 ( 2 U.S.C. 655 ) is amended— (A) by inserting other than section 710 of the Social Security Act after Notwithstanding any other provision of law ; and (B) by striking section, not including and all that follows through Funds, and inserting section. (c) Effective date \nThe amendments made by this section shall apply with respect to fiscal years beginning on or after October 1, 2005.", "id": "H104B50F0AA3C4546B3AFF1431400B3C4", "header": "Budgetary treatment of social security" }, { "text": "710. Budgetary treatment of social security \n(a) In general \nNotwithstanding any other provision of law and except as provided in subsection (b), the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Social Security Personal Savings Fund (including transfers to and from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund relating to the acquisition or redemption of obligations acquired under section 201(d) of the Social Security Act) and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the budget of the Government as submitted by the President or the congressional budget or be reported as new budget authority, outlays, receipts, or deficit or surplus in any report of the Congressional Budget Office or any other agency or instrumentality of the Government (b) Matters included in the budget \nSubsection (a) shall not apply with respect to the following: (1) transfers from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund under section 4(a) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 (relating to recapture of corporate tax on account yields), which shall be treated as an expenditure of the Government; (2) transfers from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund under section 4(b) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 (relating to recapture of Government savings over baseline), which shall be treated as an expenditure of the Government; (3) transfers from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund under section 121(e) of the Social Security Amendments of 1983 (relating to appropriation of amounts equivalent to taxes on social security benefits) ( 42 U.S.C. 401 note), which shall be treated as an expenditure of the Government; and (4) revenues from taxes imposed under chapter 1 of the Internal Revenue Code of 1986, to the extent attributable to section 86 of such Code (relating to taxation of social security and tier 1 railroad retirement benefits), which shall be treated as a receipt of the Government.", "id": "H448454C411A543AAAAD5ECC000F91C6E", "header": "Budgetary treatment of social security" }, { "text": "10. Dedication of budget surpluses to saving social security \nSection 201 of the Social Security Act (as amended by section 103 of this Act) is amended further by adding at the end the following new subsection: (p) In the case of any fiscal year beginning after September 30, 2005, for which the total amount treated as income of the Federal Government in the total budget of the United States have exceeded the total amount treated as expenditures of the Federal Government in the total budget of the United States (as determined by the Director of the Office of Management and Budget), not later than 3 months after the end of such fiscal year, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund an amount equal to the lesser of— (1) the total amount transferred from the Trust Fund during such fiscal year to the Social Security Personal Savings Fund under section 252(b), or (2) the amount by which such total amount treated as receipts exceeded such total amount treated as expenditures..", "id": "HCBC22F9F82F34CA5A3F3B805A3EFEA00", "header": "Dedication of budget surpluses to saving social security" }, { "text": "11. National spending limitation \n(a) In general \nSection 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: (i) (1) The budget transmitted pursuant to subsection (a) for a fiscal year shall not provide for total expenditures for the fiscal year for which the budget is submitted which are greater than the national spending limitation specified under paragraph (3). (2) For purposes of this section, the term total expenditures means, for any fiscal year, the sum of— (A) the net expenditures of the budget of the United States for the fiscal year plus all expenditures which are chargeable to the Social Security Part A Account in the Social Security Lockbox Budget for the fiscal year under section 706(c)(2) of the Social Security Act; plus (B) the amount of the reduction in the total amount of expenditures which are chargeable to the Social Security Part A Account in the Social Security Lockbox Budget for the fiscal year which is attributable to adjustments to primary insurance amounts under section 215(j) of the Social Security Act. (3) (A) For each fiscal year during the period beginning with fiscal year 2005 and ending with fiscal year 2012, the national spending limitation shall be equal to the product derived by multiplying— (i) 20 percent of the GDP for the fiscal year for which the determination is made, by (ii) 0.99, factored a number of times equal to the number of fiscal years during such period which end with or before the fiscal year for which the determination is made. (B) For each fiscal year during the period beginning with fiscal year 2013 and ending with fiscal year 2017, the national spending limitation shall be equal to— (i) the amount of national spending limitation under this subsection for fiscal year 2012, increased by (ii) the rate of growth in the GDP over the period beginning with fiscal year 2013 and ending with the fiscal year for which the determination is made. (C) For each fiscal year during the period beginning with fiscal year 2018 and ending with the termination year, the national spending limitation shall be equal to— (i) the amount of the national spending limitation under this subsection for fiscal year 2018, increased by (ii) the sum of— (I) the rate of growth in the GDP over the period beginning with fiscal year 2018 and ending with the fiscal year for which the determination is made, plus (II) 1.75 percentage points for each fiscal year during the period described in subclause (I). (D) Notwithstanding subparagraphs (B) and (C), in any case in which the OASDI trust fund ratio is less than 125 percent as of the end of the fiscal year preceding each fiscal year during any period of 1 or more fiscal years referred to in such subparagraphs and preceding the termination year, the national spending limitation for each fiscal year during such period shall be the product of— (i) 20 percent of the GDP for the fiscal year for which the determination is made; and (ii) 0.99, factored a number of times equal to the number of fiscal years during such period which end with or before the fiscal year for which the determination is made plus the total number of fiscal years referred to in subparagraph (A), plus, if subparagraph (C) applied to the fiscal year preceding such period, the increase (if any) under subparagraph (C) in the national spending limitation for such fiscal year attributable to subparagraph (C)(ii)(II). (4) For purposes of this subsection, the term termination year is the first fiscal year, after fiscal year 2017— (A) for which the OASDI trust fund ratio is at least 125 percent; and (B) on the last day of which there are no outstanding transition obligations of the Self-Liquidating Social Security Transition Fund under section 6 of the Social Security Personal Savings Guarantee and Prosperity Act of 2004. (5) For purposes of this subsection, the term GDP means the gross domestic product, as projected by the Department of Commerce..", "id": "H9196B8A65B4C420EBDEA8B717CC9B6D2", "header": "National spending limitation" }, { "text": "12. Imposition of spending limitations on congressional budget resolutions \n(a) Contents of congressional budget resolutions \nSection 301(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: The concurrent resolution on the budget for fiscal year 2006 or for any ensuing fiscal year shall be consistent with the spending limitation specified in section 1105(i) of title 31, United States Code.. (b) Spending limitation point of order \nSection 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: (g) Spending limitation point of order \n(1) It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for fiscal year 2006 or for any fiscal year thereafter, or any amendment thereto or conference report thereon, that is not consistent with the spending limitation specified in section 1105(i) of title 31, United States Code. (2) Paragraph (1) may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the chair on such point of order. Appeals in the Senate from the decisions of the chair relating to paragraph (1) shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution..", "id": "H8A13CEF5424E4CEAA821BD20C743D034", "header": "Imposition of spending limitations on congressional budget resolutions" }, { "text": "13. Reduction of FICA rates resulting from Personal Social Security Savings Program \n(a) Employee contribution \nSection 3101 of the Internal Revenue Code of 1986 (relating to tax on employees) is amended by adding at the end the following new subsection: (d) Reduction in old-age, survivors, and disability insurance tax rate \n(1) In general \nIn any year which follows a reduction year and each year thereafter, the rate of tax imposed under subsection (a) shall be reduced by the reduction percentage. (2) Reduction year \nFor purposes of this section— (A) In general \nThe term reduction year means any year after the transition year in which the OASDI rate ratio exceeds 125 percent. (B) Transition year \nThe term transition year means the first full calendar year following the termination year (as defined in section 4(b)(2) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004 ). (3) Reduction percentage \nFor purposes of this section, the term reduction percentage means the excess of— (A) the rate in effect under subsection (a) for the reduction year, over (B) the rate (rounded up to the nearest one tenth of a percent) under which the OASDI rate ratio for the reduction year would have been 125 percent if— (i) such rate had been applicable under subsection (a) and section 3111(a) during such year, and (ii) the rate under section 1401(a) during such year were twice such rate. (4) OASDI rate ratio \nThe term OASDI rate ratio means, with respect to any calendar year, the ratio— (A) the numerator of which is the combined balance in the Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as of the last day of such calendar year, and (B) the denominator of which is the amount paid from such Trust Funds during such calendar year for all purposes authorized by section 201 of the Social Security Act (excluding any transfer payments between such Trust Funds and reducing the amount of any transfer to the Railroad Retirement Account by the amount of any transfers into either such Trust Fund from such Account). (5) Limitation on reduction \nParagraph (1) shall not apply to any reduction to the extent that such reduction would cause the rate of tax imposed under subsection (a) to be less than 4.95 percent.. (b) Employer contribution \nSection 3111 of the Internal Revenue Code of 1986 (relating to tax on employers) is amended by adding at the end the following new subsection: (d) Reduction in old-age, survivors, and disability insurance tax rate \n(1) In general \nIn any year which follows a reduction year and each year thereafter, the rate of tax imposed under subsection (a) shall be reduced by the reduction percentage. (2) Reduction year; reduction percentage \nFor purposes of this section, the terms reduction year and reduction percentage have the meanings given such terms by section 3101(d). (3) Limitation on reduction \nParagraph (1) shall not apply to any reduction to the extent that such reduction would cause the rate of tax imposed under subsection (a) to be less than 4.95 percent.. (c) Self-Employment Contribution \nSection 1401 of the Internal Revenue Code of 1986 (relating to tax on self-employment income) is amended by adding at the end the following new subsection: (d) Reduction in old-age, survivors, and disability insurance tax rate \n(1) In general \nIn any year which follows a reduction year and each year thereafter, the rate of tax imposed under subsection (a) shall be reduced by the reduction percentage. (2) Reduction year; reduction percentage \nFor purposes of this section, the terms reduction year and reduction percentage have the meanings given such terms by section 3101(d). (3) Limitation on reduction \nParagraph (1) shall not apply to any reduction to the extent that such reduction would cause the rate of tax imposed under subsection (a) to be less than 9.9 percent..", "id": "H3E3F75D313C0491100FB10B282FBAB5", "header": "Reduction of FICA rates resulting from Personal Social Security Savings Program" } ]

[ { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Meaningful Expression of Democracy in America Act or the MEDIA Act.", "id": "H1CBA7B5A44484629AE7FB0A3FAC7A1", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) A broadcast license confers the right to use a valuable public resource and a broadcaster is therefore required to utilize that resource as a trustee for the American people. (2) There is a substantial governmental interest in conditioning the award or renewal of a broadcast license on the requirement that the license ensure the widest possible dissemination of information from diverse and antagonistic sources by presenting a reasonable opportunity for the discussion of conflicting views on issues of public importance. (3) Since the removal of the Fairness Doctrine standard in 1987, we have seen a polarization in America due to the dissemination of false and misleading information and the growing proliferation of highly partisan news outlets. (4) Democracy is built on the idea that the views, beliefs, and values of an informed citizenry are the best basis for political decision-making. (5) As journalist Bill Moyers said, A free and responsible government by popular consent just can't exist without an informed public... If free and independent journalism committed to telling the truth without fear or favor is suffocated, the oxygen goes out of democracy. (6) To restore the oxygen, there is broad public support for reestablishing requirements for balance in issue presentation over the public airwaves. (7) The Fairness Doctrine— (A) fairly reflects the statutory obligation of broadcasters under that Act to operate in the public interest; and (B) strikes a reasonable balance among the First Amendment rights of the public and broadcast licensees. (8) Our Founding Fathers created this democracy based on the right to debate ideas openly and make informed choices, and the lack of a balanced debate on issues of public importance threatens these ideals.", "id": "H7A861A7D2EEB4EC78BD2C535EC18EEA", "header": "Findings" }, { "text": "3. Amendment to the Communications Act of 1934 \nSection 315 of the Communications Act of 1934 ( 47 U.S.C. 315 ) is amended— (1) by redesignating subsections (a) through (e) as subsections (b) through (f), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following new subsection: (a) Public interest obligation to cover publicly important issues \nA broadcast licensee shall afford reasonable opportunity for the discussion of conflicting views on issues of public importance. The enforcement and application of the requirement imposed by this subsection shall be consistent with the rules and policies of the Commission in effect on January 1, 1987..", "id": "HC79BD0EFB5A84BE0AE9F8B71224118E0", "header": "Amendment to the Communications Act of 1934" }, { "text": "4. Effective date \nThis Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.", "id": "HFFBCB5B17BAB47FBA51B987025C553DC", "header": "Effective date" } ]

[ { "text": "1. Casa grande ruins boundary adjustment \n(a) Short title \nThis section may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2004. (b) Findings and purpose \n(1) Findings \nCongress finds as follows: (A) Casa Grande Ruin Reservation was set aside on March 2, 1889, proclaimed as the Nation’s first archeological preserve on June 22, 1892, and redesignated as Casa Grande Ruins National Monument on August 3, 1918. (B) Casa Grande Ruins National Monument protects one of the finest architectural examples of 13th Century Hohokam culture in the American Southwest known to early Spanish explorers as the Great House. (C) Casa Grande is only part of the story of this ancient town that may have covered 2 square miles. (D) Recent surveys and research have determined that the area of the Great House and the village surrounding it extends beyond the current monument boundary. (2) Purposes \nThe purposes of this Act are as follows: (A) To modify the boundary of Casa Grande Ruins National Monument— (i) to protect newly discovered sites associated with the existing monument; (ii) to expand and extend our knowledge and understanding of the ancient Hohokam culture, a major influence in the development of the American Southwest; and (iii) to provide greater opportunities to visitors, researchers, and surrounding communities to understand and appreciate the contributions of this culture to the region. (B) To correct an unintentional trespass and allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal) by transferring jurisdiction of approximately 3.75 acres of Federal land from the National Park Service to the Bureau of Indian Affairs. (C) To clarify ownership of land on the monument’s southwest boundary. (c) Boundary adjustment \n(1) In general \nThe boundary of the Casa Grande Ruins National Monument is modified to include the approximately 257 acres, generally depicted on the map entitled 2004 Proposed Casa Grande Ruins Boundary Modification , numbered 303/80,018, and dated August 2004 (referred to in this section as the Map ). (2) Map \nThe Map shall be on file and available for inspection in the appropriate offices of the National Park Service. (3) Administration of lands \nLands added to the monument by this subsection shall be administered by the Secretary as part of the monument in accordance with applicable laws and regulations. (d) Land Acquisition \n(1) In general \nThe Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona identified for such purpose on the Map for expansion of the boundaries of the Casa Grande Ruins National Monument. Identified lands owned by the State of Arizona or private landowners may be acquired only with the consent of the landowners, including the State of Arizona or private landowners, and in accordance with State and Federal law. Jurisdiction of lands identified on the Map that are under the jurisdiction of a Federal agency other than the Department of the Interior may be transferred to the Secretary with the consent of the head of the other Federal agency. (2) Lands described \nThe lands on the Map include— (A) 80 acres of privately owned land on the west boundary of the monument; (B) 7.4 acres of Federal land, known as the Horvath Site, administered by the Bureau of Indian Affairs, located to the northeast of the monument; (C) 3 parcels of land totaling 43.42 acres, owned by the Archeological Conservancy, located to the east of the monument; (D) 4.5 acres of Federal land administered by the Bureau of Land Management, located on the southwest boundary of the Monument; and (E) 126 acres of land owned by the State of Arizona, known as Adamsville, located 4 miles east of the monument. (3) Compensation \nAs consideration for the acquisition of State and private lands or interests in lands, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona and private land owners all or some interest in Federal land or any other asset of equal value within the State of Arizona, unless the lands or interests in lands are donated. (e) Transfer of land to BIA \nJurisdiction over the approximately 3.75 acres of Federal land identified for such purpose on the Map is hereby transferred from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal).", "id": "HA6CA85863D3045A38D61251F6EB16ECA", "header": "Casa grande ruins boundary adjustment" } ]

[ { "text": "1. 15-year recovery period for depreciation of designated low-income buildings \n(a) In general \nSubparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-year property) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) any designated low-income building. (b) Designated low-income building \nSubsection (e) of section 168 of such Code (relating to classification of property) is amended by adding at the end the following new paragraph: (6) Designated low-income building \n(A) In general \nThe term designated low-income building means any building which is a qualified low-income building (as defined in section 42(c)(2)) if— (i) no housing credit dollar amount has been allocated to such building under section 42(h), and (ii) the taxpayer has made the election described in subparagraph (B) with respect to such building. (B) Election \nAn election is described in this subparagraph if made by the taxpayer at such time and in such manner as the Secretary may prescribe. Any election under the preceding sentence, once made, shall be irrevocable. (C) Coordination with low-income housing credit \nNo credit shall be allowed under section 42 with respect to any designated low-income building. (D) Recapture of accelerated depreciation \nA designated low-income building which ceases to be a qualified low-income building (as defined in section 42(c)(2)) at any time during the recapture period shall, under regulations prescribed by the Secretary, be treated as though paragraph (3)(E)(iv) were never enacted. The statutory period for the assessment of any deficiency attributable to this subparagraph shall not expire before the expiration of the 1-year period beginning on the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of the change in status of such building. For purposes of this subparagraph, the term recapture period has the meaning given the term compliance period under section 42(i)(1) except 20 taxable years shall be substituted for 15 taxable years.. (c) Alternative depreciation system \nThe table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(iii) the following: “(E)(iv) 20”. (d) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "id": "HFEF172132C534AA200BCB3A6547F00BF", "header": "15-year recovery period for depreciation of designated low-income buildings" }, { "text": "2. Qualified low-income buildings not subject to limitation on passive activity losses and credits \n(a) In general \nSection 469 of the Internal Revenue Code of 1986 (relating to passive activity losses and credits limited) is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively, and by inserting after subsection (k) the following new subsection: (l) Special rule for qualified low-income buildings \nSubsection (a) shall not apply to that portion of the passive activity loss and passive activity credit for any taxable year which is attributable to any qualified low-income building (as defined in section 42(c)(2)).. (b) Conforming amendments \n(1) Paragraph (3) of section 469(i) of such Code is amended by striking subparagraph (D) and by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (2) Subparagraph (D) of section 469(i) of such Code (as so redesignated) is amended to read as follows: (D) Ordering rules to reflect exceptions and separate phase-outs \nIf subparagraph (B) or (C) applies for a taxable year, paragraph (1) shall be applied— (i) first to the portion of the passive activity loss to which subparagraph (C) does not apply, (ii) second to the portion of such loss to which subparagraph (C) applies, (iii) third to the portion of the passive activity credit to which subparagraph (B) does not apply, and (iv) fourth to the portion of such credit to which subparagraph (B) applies.. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "id": "H10D72015500C45469C3F24D8F48E68AE", "header": "Qualified low-income buildings not subject to limitation on passive activity losses and credits" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Market Access Program Elimination Act.", "id": "HFE0612A2688E4EE496C065C3F1C57875", "header": "Short title" }, { "text": "2. Elimination of market access program \n(a) In general \nThe Agricultural Trade Act of 1978 ( 7 U.S.C. 5601 et seq. ) is amended by striking section 203 ( 7 U.S.C. 5623 ). (b) Conforming amendments \n(1) Section 282(f)(2) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(f)(2) ) is amended— (A) in subparagraph (C), by inserting or after beef cuts; ; (B) in subparagraph (D), by striking ; or and inserting a period; and (C) by striking subparagraph (E). (2) The Agricultural Trade Act of 1978 ( 7 U.S.C. 5601 et seq. ) is amended— (A) in section 211 ( 7 U.S.C. 5641 ), by striking subsection (c); and (B) in section 402(a)(1) ( 7 U.S.C. 5662(a)(1) ), by striking 203,.", "id": "HB7F3343C3514419AA9AEB58F9677011", "header": "Elimination of market access program" } ]

[ { "text": "1. SBIR awards to business concerns owned by venture capital operating companies or employee benefit or pension plans \n(a) In general \nSection 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ) is amended by adding at the end the following: (4) Eligibility \nA business concern shall not be prevented from participating in the Small Business Innovation Research Program solely because such business concern is owned in part by— (A) a venture capital operating company that is managed and controlled by 1 or more United States citizens or permanent resident aliens; or (B) an employee benefit or pension plan.. (b) Rulemaking authority \nNot later than 180 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue regulations to— (1) carry out the amendment made by subsection (a); (2) ensure that a Small Business Innovation Research award is not given to a business concern that is majority owned by— (A) another business concern that is ineligible to participate in the Small Business Innovation Research Program; or (B) a venture capital operating company or an employee benefit or pension plan that is the alter ego, instrumentality, or identity of another business concern that is ineligible to participate in the Small Business Innovation Research Program.", "id": "H3FBAF6DF28AD4C7DBAA583147C00D0DB", "header": "SBIR awards to business concerns owned by venture capital operating companies or employee benefit or pension plans" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Equal Access to Social Security Act of 2004.", "id": "H71F0354E5A1D4AE2BD44DED6B5BA8", "header": "Short title" }, { "text": "2. Definitions Relating to Permanent Partnership \n(a) In general \nSection 216 of the Social Security Act ( 42 U.S.C. 416 ) is amended by adding at the end the following new subsection: (m) Definitions relating to permanent partnership \n(1) The term permanent partnership means a committed, intimate relationship between 2 individuals who have attained 18 years of age, in any case in which— (A) each such individual intends a lifelong commitment to the other, (B) such individuals are financially interdependent, (C) such individuals are unable to contract with each other a marriage cognizable under this title, (D) each such individual is not a first, second, or third degree blood relation of the other individual, and (E) each such individual is neither married to, nor in a relationship described in the preceding provisions of this paragraph with, any third individual. (2) The term permanent partner means, in connection with any other individual (hereinafter referred to as the other party ), any individual who is in a permanent partnership with such other party, but only if such individual— (A) is also a parent of such other party’s son or daughter, (B) was in a permanent partnership with such other party for a period of not less than one year immediately preceding the day on which such individual’s application is filed, or (C) in the month prior to the month during which such permanent partnership commenced— (i) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (c), (e), (f), or (h) of section 202, (ii) had attained age 18 and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202(s)), or (iii) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 2 of the Railroad Retirement Act of 1974. For purposes of subparagraph (B), an individual shall be deemed to have been in a permanent partnership with the other party for a period of one year throughout the month in which occurs the first anniversary of the commencement of such permanent partnership. (3) The term surviving permanent partner means, in connection with any other individual (hereinafter in this paragraph referred to as the other party ), an individual who is the surviving permanent partner of such other party, but only if— (A) such individual is a parent of such other party’s son or daughter, (B) such individual legally adopted such other party’s son or daughter while such individual was in a permanent partnership with such other party and while such son or daughter was under the age of 18, (C) such other party legally adopted such individual’s son or daughter while such individual was in a permanent partnership with such other party and while such son or daughter was under the age of 18, (D) such individual was in a permanent partnership with such other party at the time both of them legally adopted a child under the age of 18, (E) as of the date of the death of such other party, such individual had been living with a child of such other party for a period of at least 1 year which began before such child attained the age of 18, or such other party had been living with a child of such individual for at least such 1-year period, (F) such individual was in a permanent partnership with such other party for a period of not less than 9 months immediately prior to the day on which such other party died, or (G) in the month prior to the month in which the permanent partnership commenced— (i) such individual was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (c), (e), (f), or (h) of section 202, (ii) such individual had attained age 18 and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202(s)), or (iii) such individual was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 2 of the Railroad Retirement Act of 1974. (4) The term former permanent partner means, in connection with any other individual, an individual who has been in a permanent partnership with such other individual, in any case in which either individual who was a party to such permanent partnership has certified to the Commissioner, in accordance with regulations issued under subsection (h)(1)(C)(ii), that such permanent partnership has terminated other than by reason of death, but only if such individuals have been in a permanent partnership for a period of 10 years immediately before the date of the termination of the partnership, as determined under such regulations. For purposes of subparagraph (C) of subsections (b)(1) and (c)(1) of section 202, a former permanent partner in connection with a terminated permanent partnership shall be deemed not to be in such permanent partnership throughout the month in which the permanent partnership terminates. (5) The term surviving former permanent partner means, in connection with any other individual, an individual— (A) who was in a permanent partnership with such other individual, in any case in which either individual who was a party to such permanent partnership has certified to the Commissioner, in accordance with regulations issued under subsection (h)(1)(C)(ii), that such permanent partnership has terminated other than by reason of death, and (B) who has died, but only if such individuals had been in a permanent partnership for a period of 10 years immediately before the date of the termination of the partnership, as determined under such regulations. (6) The term surviving former permanent partner parent means, in connection with any other individual, an individual who was in a permanent partnership with such other individual, in any case in which either individual who was a party to such permanent partnership certified to the Commissioner, in accordance with regulations issued under subsection (h)(1)(C)(ii), that such permanent partnership terminated other than by reason of death, and, subsequent to such certification, such other individual died, but only if— (A) the surviving individual is the mother or father of the son or daughter of the deceased individual, (B) the surviving individual legally adopted the son or daughter of the deceased individual while both individuals were in the permanent partnership and while such son or daughter was under the age of 18, (C) the deceased individual legally adopted the son or daughter of the surviving individual while both individuals were in the permanent partnership and while such son or daughter was under the age of 18, (D) the surviving individual was in the permanent partnership with the deceased individual at the time both of them legally adopted a child under the age of 18, or (E) as of the date of the death of such the deceased individual, the surviving individual had been living with a child of the deceased individual for a period of at least a 1-year which began before such child attained the age of 18, or the deceased individual had been living with a child of the surviving individual for at least such 1-year period. (i) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (c), (e), (f), or (h) of section 202, (ii) had attained age 18 and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202(s)), or (iii) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 2 of the Railroad Retirement Act of 1974.. (b) Conforming amendment to definition of child \nSection 216(e) of such Act ( 42 U.S.C. 416(e) ) is amended by adding at the end the following new sentence: For purposes of this title, the child of an individual’s permanent partner who has not been legally adopted by such individual shall be treated as a stepchild of such individual..", "id": "H9846A7D6C0E24E7986E0E974B96B3F2B", "header": "Definitions Relating to Permanent Partnership" }, { "text": "3. Determination of permanent partner status \nSection 216(h)(1) of the Social Security Act ( 42 U.S.C. 416(h)(1) ) is amended— (1) in subparagraph (B)(iii), by inserting or permanent partnership after marriage ; (2) in subparagraph (B)(iv), by inserting or previous permanent partnership after previous marriage each place it appears in subclause (I), and by inserting or purported permanent partnership after purported marriage in subclause (II); and (3) by adding at the end the following new subparagraphs: (C) (i) An applicant is the permanent partner or surviving permanent partner of a fully or currently insured individual for purposes of this title if the Commissioner of Social Security finds that such applicant and such insured individual were validly members of a permanent partnership at the time such applicant files such application or, if such insured individual is dead, at the time he died. (ii) Any 2 individuals shall not be treated as being in a permanent partnership with each other unless there is in effect, in accordance with regulations which shall be prescribed by the Commissioner, a written certification made by both such individuals to the Commissioner of the existence of such permanent partnership. A certification made to the Commissioner under this clause shall remain in effect until the earlier of the date of the death of either such individual or the date of a certification made by both such individuals, in accordance with such regulations, indicating that such relationship has terminated other than by reason of death or, if earlier, the date on which the Commissioner otherwise determines that such permanent partnership has terminated. (D) (i) In any case where under subparagraph (C) an applicant is not the permanent partner or surviving permanent partner of a fully or currently insured individual, or where under paragraph (2), (3), (4), or (5) of subsection (m) such applicant is not the permanent partner, former permanent partner, surviving permanent partner, or surviving former permanent partner of such individual, but it is established to the satisfaction of the Commissioner of Social Security that such applicant in good faith entered into an arrangement with such individual resulting in a purported permanent partnership between them which, but for a legal impediment not known to the applicant at the time of the entry into such arrangement, would have been a valid permanent partnership, then, for purposes of subparagraph (C) and paragraphs (2), (3), (4), and (5) of subsection (m), such purported permanent partnership shall be deemed to be a valid permanent partnership. Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a permanent partner or surviving permanent partner of the insured individual, such purported permanent partnership shall not be deemed to be a valid permanent partnership unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A purported permanent partnership that is deemed to be a valid permanent partnership by reason of the preceding sentence shall continue to be deemed a valid permanent partnership if the insured individual and the person entitled to benefits as the permanent partner of the insured individual are no longer living in the same household at the time of the death of such insured individual. (ii) The provisions of clause (i) shall not apply if the Commissioner of Social Security determines, on the basis of information brought to the Commissioner’s attention, that such applicant entered into such purported permanent partnership with such insured individual with knowledge that it would not be a valid permanent partnership. (iii) The entitlement to a monthly benefit under subsection (b) or (c) of section 202, based on the wages and self-employment income of such insured individual, of a person who would not be deemed to be a permanent partner of such insured individual but for this subparagraph, shall end with the month before the month in which such person enters into a permanent partnership or marriage, valid without regard to this subparagraph or subparagraph (B), with a person other than such insured individual. (iv) For purposes of this subparagraph, a legal impediment to the validity of a purported permanent partnership includes only an impediment (I) resulting from the lack of dissolution of a previous marriage or previous permanent partnership or otherwise arising out of such previous marriage or permanent partnership or its dissolution, or (II) resulting from a defect in the procedure followed in connection with such purported permanent partnership..", "id": "H6EA3592B27734EDBA42CBEAF005FBB97", "header": "Determination of permanent partner status" }, { "text": "4. Wife’s insurance benefits for permanent partners \nSection 202(b) of the Social Security Act ( 42 U.S.C. 402(b) ) is amended— (1) in paragraph (1), by striking The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) and inserting The wife (as defined in section 216(b)), every divorced wife (as defined in section 216(d), the female permanent partner (as defined in section 216(m)(2)), and every female former permanent partner (as defined in section 216(m)(4)) , and by striking such wife or such divorced wife and inserting such wife, such divorced wife, such permanent partner, or such former permanent partner ; (2) in paragraph (1)(B), by inserting or permanent partner after wife ; (3) in paragraph (1)(C), by inserting or former permanent partner after divorced wife , and by inserting and is not in a permanent partnership after married ; (4) in paragraph (1)(i), by striking wife or divorced wife each place it appears and inserting wife, divorced wife, permanent partner, or former permanent partner ; (5) in paragraph (1)(ii), by striking wife or divorced wife each place it appears and inserting wife, divorced wife, permanent partner, or former permanent partner ; (6) in paragraph (1)(G), by inserting or permanent partner after wife , by inserting or their permanent partnership has terminated after divorced , by inserting , or in a permanent partnership with, after married to , and by inserting or termination after divorce ; (7) in paragraph (1)(H), by inserting or a former permanent partner after divorced wife , by striking she marries and inserting she marries, or enters into a permanent partnership with, ; (8) in paragraph (1)(I), by striking wife and inserting wife or permanent partner ; (9) in paragraph (2), by striking her husband (or, in the case of a divorced wife, her former husband) and inserting the individual referred to in paragraph (1) ; (10) in paragraph (3), by inserting or former permanent partner after divorced wife , by inserting or enters into a permanent partnership after marries , by striking such divorced wife’s entitlement and inserting the entitlement of such divorced wife or former permanent partner , and by inserting or permanent partnership after marriage ; (11) in paragraph (4)(A), by striking the wife (or divorced wife) and inserting the wife, divorced wife, permanent partner, or former permanent partner ; (12) in paragraph (4)(B)(ii), by striking the wife (or divorced wife) and inserting the wife, divorced wife, permanent partner, or former permanent partner ; and (13) in paragraph (5)(A), by inserting or former permanent partner after divorced wife each place it appears.", "id": "H08B969E64C26473697BFFD2C8912377E", "header": "Wife’s insurance benefits for permanent partners" }, { "text": "5. Husband’s insurance benefits for permanent partners \nSection 202(c) of the Social Security Act ( 42 U.S.C. 402(c) ) is amended— (1) in paragraph (1), by striking The husband (as defined in section 216(f)) and every divorced husband (as defined in section 216(d)) and inserting The husband (as defined in section 216(f)), every divorced husband (as defined in section 216(d), the male permanent partner (as defined in section 216(m)(2)), and every male former permanent partner (as defined in section 216(m)(4)) , and by striking such husband or such divorced husband and inserting such husband, such divorced husband, such permanent partner, or such former permanent partner ; (2) in paragraph (1)(B), by inserting or permanent partner after husband ; (3) in paragraph (1)(C), by inserting or former permanent partner after divorced husband , and by inserting and is not in a permanent partnership after married ; (4) in paragraph (1)(i), by striking husband or divorced husband each place it appears and inserting husband, divorced husband, permanent partner, or former permanent partner ; (5) in paragraph (1)(ii), by striking husband or divorced husband each place it appears and inserting husband, divorced husband, permanent partner, or former permanent partner ; (6) in paragraph (1)(G), by inserting or permanent partner after husband , by inserting or their permanent partnership has terminated after divorced , by inserting , or in a permanent partnership with, after married to , and by inserting or termination after divorce ; (7) in paragraph (1)(H), by inserting or a former permanent partner after divorced husband , by striking he marries and inserting he marries, or enters into a permanent partnership with, ; (8) in paragraph (1)(I), by striking husband and inserting husband or permanent partner ; (9) in paragraph (2)(A), by striking the husband (or divorced husband) and inserting the husband, divorced husband, permanent partner, or former permanent partner , by striking his earnings and inserting the earnings thereof ; (10) in paragraph (2)(B)(ii), by striking the husband (or divorced husband) and inserting the husband, divorced husband, permanent partner, or former permanent partner ; (11) in paragraph (3), by striking his wife (or, in the case of a divorced husband, his former wife) and inserting the individual referred to in paragraph (1) ; (12) in paragraph (4), by inserting or former permanent partner after divorced husband , by inserting or enters into a permanent partnership after marries , by striking such divorced husband’s entitlement and inserting the entitlement of such divorced husband or former permanent partner , and by inserting or permanent partnership after marriage ; and (13) in paragraph (5)(A), by inserting or former permanent partner after divorced husband each place it appears.", "id": "H7D9B66565B0C4DAD9019B01EC7B49A", "header": "Husband’s insurance benefits for permanent partners" }, { "text": "6. Widow’s insurance benefits for surviving permanent partners \nSection 202(e) of the Social Security Act ( 42 U.S.C. 402(e) ) is amended— (1) paragraph (1), by striking The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d) and inserting The widow (as defined in section 216(c)), the female surviving permanent partner (as defined in section 216(m)(3)), every surviving divorced wife (as defined in section 216(d)), and every female surviving former permanent partner (as defined in section 216(m)(5)) , and by striking such widow or such surviving divorced wife and inserting such widow, such surviving permanent partner, such surviving divorced wife, or such surviving former permanent partner ; (2) in paragraph (1)(A), by inserting and is not in a permanent partnership after married ; (3) in paragraph (1)(C)(iii), by striking mother’s insurance benefits and inserting parent’s insurance benefits ; (4) in paragraph (2)(D), by striking widow or surviving divorced wife each place it appears and inserting widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner ; (5) in paragraph (3)(A), by striking widow or surviving divorced wife and inserting widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner , by inserting or enters into a permanent partnership after marries , and by striking before such marriage occurred and inserting before such marriage occurred or the commencement of such permanent partnership ; (6) in paragraph (3)(B), by striking a disabled widow or disabled surviving divorced wife and inserting a widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner who is disabled as ; (7) in the matter following subparagraph (B) in paragraph (3), by inserting or permanent partnership after marriage ; (8) in paragraph (4), by striking any widow or surviving divorced wife and inserting any widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner ; (9) in paragraph (5), by striking widow or surviving divorced wife in subparagraph (A) and inserting widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner , and by striking widow or surviving divorced wife in subparagraph (B) and inserting widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner ; (10) in paragraph (6)(A), by striking the widow (or surviving divorced wife) and inserting the widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner ; and (11) in paragraph (6)(B)(ii), by striking the widow (or surviving divorced wife) and inserting the widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner.", "id": "HC07ADF65329E4A5E9800452500B5530", "header": "Widow’s insurance benefits for surviving permanent partners" }, { "text": "7. Widower’s insurance benefits for surviving permanent partners \nSection 202(f) of the Social Security Act ( 42 U.S.C. 402(f) ) is amended— (1) paragraph (1), by striking The widower (as defined in section 216(g) and every surviving divorced husband (as defined in section 216(d) and inserting The widower (as defined in section 216(g)), the male surviving permanent partner (as defined in section 216(m)(3)), every surviving divorced husband (as defined in section 216(d)), and every male surviving former permanent partner (as defined in section 216(m)(5)) , and by striking such widower or such surviving divorced husband and inserting such widower, such surviving permanent partner, such surviving divorced husband, or such surviving former permanent partner ; (2) in paragraph (1)(A), by inserting and is not in a permanent partnership after married ; (3) in paragraph (1)(C)(iii), by striking father’s insurance benefits and inserting parent’s insurance benefits ; (4) in subparagraph (E), by striking he each place it appears and inserting such widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; (5) in subparagraph (F), by striking he each place it appears and inserting such widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner , and by striking his waiting period (as defined in paragraph (5)) and inserting the waiting period (as defined in paragraph (5)) of such widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; (6) in the matter following subparagraph (F), by striking he each place it appears and inserting such widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner , and by striking his disability and inserting the disability of such widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; (7) in paragraph (2)(A), by striking the widower (or surviving divorced husband) and inserting the widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; (8) in paragraph (2)(B)(ii), by striking the widower (or surviving divorced husband) and inserting the widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; (9) in paragraph (3)(D), by striking widower or surviving divorced husband each place it appears and inserting widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; (10) in paragraph (4)(A), by striking widower or surviving divorced husband and inserting widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner , by inserting or enters into a permanent partnership after marries , and by striking before such marriage occurred and inserting before such marriage occurred or the commencement of such permanent partnership ; (11) in paragraph (4)(B), by striking a disabled widower or disabled surviving divorced husband and inserting a widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner who is disabled as ; (12) in the matter following subparagraph (B) in paragraph (3), by inserting or permanent partnership after marriage ; (13) in paragraph (5), by striking any widower or surviving divorced husband and inserting any widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner ; and (14) in paragraph (6), by striking widower or surviving divorced husband in subparagraph (A) and inserting widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner , and by striking widower or surviving divorced husband in subparagraph (B) and inserting widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner.", "id": "H5B4C8330CD2148D595FE464E49178626", "header": "Widower’s insurance benefits for surviving permanent partners" }, { "text": "8. Mother’s and father’s insurance benefits for surviving permanent partners \nSection 202(g) of the Social Security Act ( 42 U.S.C. 402(g) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A)— (A) by striking The surviving spouse and every surviving divorced parent (as defined in section 216(d) and inserting The surviving spouse or surviving permanent partner and every surviving divorced parent (as defined in section 216(d)(7)) or surviving former permanent partner parent (as defined in section 216(m)(6)) ; and (B) by striking such surviving spouse or surviving divorced parent and inserting such surviving spouse, surviving permanent partner, surviving divorced parent, or surviving former permanent partner parent ; (2) in paragraph (1)(B), by striking surviving spouse’s insurance benefit and inserting widow’s insurance benefit or widower’s insurance benefit ; (3) in paragraph (1)(F), or surviving former permanent partner parent after surviving divorced parent ; (4) in the matter in paragraph (1) following subparagraph (F)— (A) by striking such surviving spouse or surviving divorced parent and inserting such surviving spouse, surviving permanent partner, surviving divorced parent, or surviving former permanent partner parent ; (B) by striking surviving spouse’s insurance benefit and inserting widow’s insurance benefit or widower’s insurance benefit ; and (C) by inserting or surviving former permanent partner parent after surviving divorced parent each place it appears in the last sentence; and (5) in paragraph (3)— (A) by striking surviving spouse or surviving divorced parent and inserting surviving spouse, surviving permanent partner, surviving divorced parent, or surviving former permanent partner parent ; (B) by inserting or enters into a permanent partnership after marries ; (C) by striking such surviving spouse or surviving divorced parent and inserting such surviving spouse, surviving permanent partner, surviving divorced parent, or surviving former permanent partner parent ; and (D) by inserting or permanent partnership after marriage.", "id": "HF23CFFAC83CF4251AF4DFD895F621056", "header": "Mother’s and father’s insurance benefits for surviving permanent partners" }, { "text": "9. Lump sum death payments for surviving permanent partners \nSection 202(i) of the Social Security Act ( 42 U.S.C. 402(i) ) is amended— (1) in the first sentence, by striking widow or widower and inserting widow, widower, or surviving permanent partner ; and (2) in paragraph (1), by striking widow (as defined in section 216(c)) or widower (as defined in section 216(g)) and inserting widow (as defined in section 216(c)), widower (as defined in section 216(g)), or surviving permanent partner (as defined in section 216(m)(3)).", "id": "H658B9FAC11254DA0B571E0BDDC600481", "header": "Lump sum death payments for surviving permanent partners" }, { "text": "10. Conforming amendments \n(a) Amendments to the Social Security Act \n(1) Section 202(j)(4)(B)(i) of such Act ( 42 U.S.C. 402(j)(4)(B)(i) ) is amended— (A) by striking widow, surviving divorced wife, or widower and inserting widow, widower, surviving permanent partner, surviving divorced spouse, or surviving former permanent partner ; and (B) by striking disabled widow or widower or disabled surviving divorced wife and inserting disabled widow, widower, or surviving permanent partner or disabled surviving divorced spouse or surviving former permanent partner. (2) Section 202(q)(5)(D) of such Act ( 42 U.S.C. 402(q)(5)(D) ) is amended— (A) by striking a child of his or her deceased spouse (or deceased former spouse) and inserting a child of his or her deceased spouse or deceased permanent partner (or deceased former spouse or deceased former permanent partner) ; and (B) by striking his or her deceased spouse’s (or deceased former spouse’s) wages and self-employment income and inserting the wages and self-employment income of his or her deceased spouse or deceased permanent partner (or deceased former spouse or deceased former permanent partner). (3) Section 202(t)(11)(B) of such Act ( 42 U.S.C. 402(t)(11)(B) ) is amended— (A) by striking spousal relationship each place it appears and inserting spousal or permanent partnership relationship ; and (B) by striking a wife, a husband, a widow, a widower, a divorced wife, a divorced husband, a surviving divorced wife, a surviving divorced husband, a surviving divorced mother, a surviving divorced father and inserting a wife, a husband, a permanent partner, a widow, a widower, a surviving permanent partner, a divorced wife, a divorced husband, a former permanent partner, a surviving divorced wife, a surviving divorced husband, a surviving former permanent partner, a surviving divorced mother, a surviving divorced father, a surviving former permanent partner parent. (4) Section 203(a)(3)(C) of such Act ( 42 U.S.C. 403(a)(3)(C) ) is amended by inserting or former permanent partner after a divorced spouse and by inserting surviving former permanent partner after a surviving divorced spouse. (5) Section 203(a)(3)(D) of such Act ( 42 U.S.C. 403(a)(3)(D) ) is amended— (A) in clause (i), by inserting or permanent partner after a spouse and by inserting or surviving permanent partner after a surviving spouse. (6) Section 203(b)(2) of such Act ( 42 U.S.C. 403(b)(2) ) is amended— (A) in subparagraph (A)(i), by inserting or former permanent partner after divorced spouse ; (B) by striking subparagraph (A)(ii) and inserting the following: (ii) (I) if such person is such a divorced spouse, such person has been divorced for not less than 2 years, or (II) if such person is such a former permanent partner, the permanent partnership has been terminated for not less than 2 years, ; (C) in the matter in subparagraph (A) following clause (ii), by inserting or former permanent partner after such divorced spouse ; and (D) in subparagraph (B), by inserting or former permanent partner after divorced spouse and by inserting or the date of the termination of the permanent partnership after the date of the divorce. (7) Section 203(c) of such Act ( 42 U.S.C. 403(c)(3) ) is amended— (A) in paragraph (2), by striking wife or husband and inserting wife, husband, or permanent partner , by striking his or her spouse and inserting the insured individual , and by striking such spouse and inserting such individual ; (B) in paragraph (3), by striking widow or widower and inserting widow, widower, or surviving permanent partner , and by inserting or deceased permanent partner after deceased spouse ; (C) in paragraph (4), by inserting or surviving former permanent partner parent after surviving divorced mother or father , and by inserting or deceased former permanent partner after deceased former spouse ; and (D) in the matter following paragraph (4), by striking widow, surviving divorced wife, widower, or surviving divorced husband and inserting widow, widower, surviving permanent partner, surviving divorced wife, surviving divorced husband, or surviving former permanent partner. (8) Section 203(d)(1)(A) of such Act ( 42 U.S.C. 403(d)(1)(A) ) is amended by striking a wife, divorced wife, husband, divorced husband, or child and inserting a wife, husband, permanent partner, divorced wife, divorced husband, former permanent partner, or child. (9) Section 203(d)(1)(B) of such Act ( 42 U.S.C. 403(d)(1)(B) ) is amended by inserting or former permanent partner after divorced spouse each place it appears. (10) Paragraphs (1) and (7) of section 203(f) of such Act ( 42 U.S.C. 403(f) ) are amended by inserting and former permanent partners after divorced spouses each place it appears. (11) Paragraphs (1) and (4) of section 204(d) of such Act ( 42 U.S.C. 404(d) ) are amended by inserting or surviving permanent partner after surviving spouse each place it appears. (12) Section 205(b)(1) of such Act ( 42 U.S.C. 405(b)(1) ) is amended by striking wife, divorced wife, widow, surviving divorced wife, surviving divorced mother, surviving divorced father, husband, divorced husband, widower, surviving divorced husband, child, or parent and inserting wife, husband, permanent partner, divorced wife, divorced husband, former permanent partner, surviving divorced wife, surviving divorced husband, surviving divorced parent, surviving former permanent partner parent, child, or parent. (13) Section 205(c)(1)(C) of such Act ( 42 U.S.C. 205(c)(1)(C) ) is amended by striking an individual’s spouse, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, child, or parent and inserting an individual’s spouse, permanent partner, surviving divorced wife, surviving divorced husband, surviving former permanent partner, surviving divorced parent, surviving former permanent partner parent, child, or parent. (14) Section 205(i) of such Act ( 42 U.S.C. 405(i) ) is amended by striking the wife or husband in clause (B) and inserting the wife, husband, or permanent partner. (15) Section 205(q)(5) of such Act ( 42 U.S.C. 405(q)(5) ) is amended by striking widow or widower and inserting widow, widower, or surviving permanent partner. (16) Section 208(c) of such Act ( 42 U.S.C. 408(c) ) is amended by inserting or permanent partner after spouse. (17) Section 209(a)(14)(B) of such Act ( 42 U.S.C. 409(a)(14)(B) ) is amended by striking plans) and inserting plans), or which would be excluded from the gross income of such employee’s permanent partner if an exclusion under such section with respect to a taxpayer’s permanent partner were allowable under such section. (18) Section 210(a)(3)(B) of such Act ( 42 U.S.C. 410(a)(3)(B) ) is amended— (A) by striking his spouse or son or daughter and inserting his spouse, permanent partner, son, or daughter ; and (B) by striking clause (i) and inserting the following: (i) the employer is a surviving spouse, a surviving permanent partner, a divorced individual, or a former permanent partner and has not, since the death of his or her spouse or permanent partner or the termination of his or her marriage or permanent partnership, married or entered into a permanent partnership, or the employer has a spouse or permanent partner living in the home who has a mental or physical condition which results in an incapability of such spouse or permanent partner of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and. (19) Section 211(a)(5) of such Act ( 42 U.S.C. 411(a)(5) ) is amended— (A) in subparagraph (A), by inserting or permanent partner (as defined in section 216(m)(2)) after spouse each place it appears; and (B) in subparagraph (B), by inserting business before partner’s and partner each place they appear, and by inserting or permanent partner (as so defined) after the spouse. (20) Section 216(k) of such Act ( 42 U.S.C. 416(k) ) is amended— (A) by striking subsection (c)(1) or and inserting subsection (c)(1), ; (B) by striking subsection (g)(1) and inserting subsection (g)(1), or subparagraph (F) of subsection (m)(3) ; (C) by inserting , or the permanent partner surviving an individual, after surviving spouse of an individual ; (D) by inserting or have been in a permanent partnership with such individual after have been married to such individual ; (E) by striking widow or widower, and and inserting widow, widower, or surviving permanent partner, ; (F) by inserting after such individual’s child, the following: and the requirement of subparagraph (E) of subsection (m)(3) that a child of an individual or such individual’s permanent partner have been living with the member of the permanent partnership who is not the child’s parent for not less than 1 year immediately preceding the day on which such individual’s permanent partner died in order for such individual to qualify as the surviving permanent partner of the deceased permanent partner ; (G) by striking applicable nine-month period and inserting applicable period ; (H) in paragraph (1), by striking the marriage involved and inserting the commencement of the marriage or permanent partnership involved , and by striking nine months and inserting the applicable period ; (I) in paragraph (2)(A), by inserting in the case of the first requirement referred to in this subsection, after (2)(A) , by inserting , or the surviving permanent partner of such individual had been previously a member of a permanent partnership with such individual and such permanent partnership had subsequently been terminated, after and subsequently divorced , by inserting or the termination of such permanent partnership after at the time of such divorce , by inserting or previous permanent partnership after previous marriage , by inserting or (in the case of a permanent partnership) other termination after by divorce , and by striking or at the end; (J) in paragraph (2)(B), by inserting in the case of the second requirement referred to in this subsection, after (B) , by inserting or during a previous permanent partnership between such stepchild’s parent and such individual which ended in the termination of such permanent partnership, after divorce the first place it appears, by inserting or termination after divorce the second place it appears, by inserting or previous permanent partnership after previous marriage the second place it appears, by inserting or (in the case of a permanent partnership) other termination after by divorce , and by adding or at the end; (K) by inserting after paragraph (2)(B) the following new subparagraph: (C) in the case of the third requirement referred to in this subsection, the child of either member of the permanent partnership had been living with the other member of such permanent partnership during a previously terminated permanent partnership between both such members and such requirement would have been satisfied at the time of the termination if such previous permanent partnership had been terminated by the death of the deceased permanent partner; ; and (L) in the matter in subsection (k) following paragraph (2)(C) (as added by subparagraph (K)), by striking marriage involved and inserting marriage or permanent partnership involved , and by striking nine months and inserting the applicable period. (21) Section 225(a) of such Act ( 42 U.S.C. 425(a) ) is amended by striking widow or surviving divorced wife and inserting widow, surviving permanent partner, surviving divorced wife, or surviving former permanent partner , and by striking widower or surviving divorced husband and inserting widower, surviving permanent partner, surviving divorced husband, or surviving former permanent partner. (22) Section 226(b)(2)(A)(iii) of such Act ( 42 U.S.C. 426(b)(2)(A)(iii) ) is amended by inserting (as a surviving spouse or surviving divorced spouse) after section 202(f). (b) Amendments to the Internal Revenue Code of 1986 \n(1) Section 1402(a)(5) of the Internal Revenue Code of 1986 (relating to distribution of net earnings from self-employment between spouses) is amended— (A) in subparagraph (A), by inserting or permanent partner (as defined in section 216(m)(2) of the Social Security Act) after spouse the first place it appears, and by inserting or permanent partner after spouse each place it appears; and (B) in subparagraph (B), by inserting business before partner’s and partner each place they appear, and by inserting or permanent partner (as so defined) after the spouse. (2) Section 3121(a)(17) of such Code (relating to exclusion from wages of benefits received from group legal services plans) is amended by striking plans) and inserting plans), or which would be excluded from the gross income of such employee’s permanent partner (as defined in section 216(m)(2) of the Social Security Act ) if an exclusion under such section with respect to a taxpayer’s permanent partner were allowable under such section. (3) Section 3121(b)(3)(B) of such Code (relating to exclusion from employment of service in the employ of mother, father, spouse, son, or daughter) is amended— (A) by striking his spouse or son or daughter and inserting his spouse, permanent partner, son, or daughter ; and (B) by striking clause (i) and inserting the following: (i) the employer is a surviving spouse, a surviving permanent partner (as defined in section 216(m)(3) of the Social Security Act ), a divorced individual, or a former permanent partner (as defined in section 216(m)(4) of such Act) and has not, since the death of his or her spouse or permanent partner (as defined in section 216(m)(2) of such Act) or the termination of his or her marriage or permanent partnership (as defined in section 216(m)(1) of such Act), married or entered into a permanent partnership, or the employer has a spouse or permanent partner living in the home who has a mental or physical condition which results in an incapability of such spouse or permanent partner of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and.", "id": "H4D7B86BCE4B7400AA35164E8F4AB6BF0", "header": "Conforming amendments" }, { "text": "11. Effective date \nThe amendments made by this Act shall apply with respect to benefits for which applications are filed after 1 year after the date of the enactment of this Act.", "id": "HE321A077B53D41A58EB672D7EA8C5B00", "header": "Effective date" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) Consumers have the right to know that Event Data Recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates.", "id": "H44607D9311BB45CB84DD9ED08680228B", "header": "Findings" }, { "text": "2. Disclosure of Event Data Recorders on Automobiles \n(a) Required Disclosure \nIn accordance with regulations prescribed by the Federal Trade Commission under section 4(c), a dealer shall disclose, to each consumer who purchases a new automobile, in a clear and conspicuous written format at the time of purchase, the following information regarding any Event Data Recorder installed on such new automobile: (1) the presence and location of an Event Data Recorder; (2) the type of information recorded by the Event Data Recorder and how such information is recorded; and (3) that the information recorded by the Event Data Recorder also may be used in a law enforcement proceeding. (b) Required Disclosures in Owner’s Manual \nThe manufacturer shall include, in clear and conspicuous language in the owner’s manual of any new automobile containing an Event Data Recorder, the disclosures required by subsection (a).", "id": "H00A0E1965F094AB688EE7D1EBC8596", "header": "Disclosure of Event Data Recorders on Automobiles" }, { "text": "3. Requirement for Event Data Recorders on New Automobiles \nNo person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2006 (and bearing a model year of 2007 or later) that is equipped with an Event Data Recorder, unless such Event Data Recorder includes a function whereby the consumer has the option to enable or disable the functioning of the Event Data Recorder.", "id": "HC1E6B0A461094AEDBBD940EE62E2E6AB", "header": "Requirement for Event Data Recorders on New Automobiles" }, { "text": "4. Enforcement \n(a) Treatment of violations as unfair or deceptive acts or practices \nA violation of section 2 or 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Federal trade Commission authority \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. (c) Rulemaking \nWithin 180 days following the enactment of this Act, the Federal Trade Commission shall prescribe regulations to carry out this Act, including guidelines setting forth a uniform method by which a dealer may provide the disclosures and options required by section 2.", "id": "HC7C25B47450E4856AFC7ECA6B715A800", "header": "Enforcement" }, { "text": "5. National Highway Traffic Safety Administration Study \n(a) Study \nThe National Highway Traffic Safety Administration shall conduct a study of both the potential utility and still unknown consequences of the implementation of Event Data Recorder technology, including the practical, real-world consequences that may result from the widespread installation of such technology. (b) Report \nNot later than 180 days after the date of enactment of this Act, the National Highway Traffic Safety Administration shall transmit to Congress a report on the findings of the study required by subsection (a).", "id": "H904D9B5EE3CD4F3A8960EF2778E20785", "header": "National Highway Traffic Safety Administration Study" }, { "text": "6. Definitions \nAs used in this Act: (1) The term consumer has the meaning given the term ultimate purchaser in section 2 of the Automobile Information Disclosure Act ( 15 U.S.C. 1231 ). (2) The term dealer has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term Event Data Recorder means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms manufacturer and new automobile have the meanings given those terms in section 2 of the Automobile Information Disclosure Act ( 15 U.S.C. 1231 ).", "id": "HD76689E9666447DB9D03D543DA24EE76", "header": "Definitions" }, { "text": "7. Effective Date \nThis Act shall take effect 180 days after the date of enactment of this Act.", "id": "H808FD094BD534C4EAA623C6C44EA8EA5", "header": "Effective Date" } ]

[ { "text": "1. Waiver of visa processing fees for nonimmigrant visitors who are nationals of countries providing combat troops in Afghanistan and Iraq \nFor such period as the Secretary of State, in consultation with the Secretary of Defense, determines that a foreign country is providing troops for combat operations in both Afghanistan and Iraq, there shall no be visa processing fee charged for nonimmigrant visitors (described in section 101(a)(15)(B) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(B) ) who are nationals of that foreign country.", "id": "H15CF7A32B89841539F311C577339E8E2", "header": "Waiver of visa processing fees for nonimmigrant visitors who are nationals of countries providing combat troops in Afghanistan and Iraq" } ]

[ { "text": "1. Injuries and deaths sustained as a result of participation in a medical research program of the Department of Veterans Affairs to be treated in the same manner as if incurred as a result of military service \nSection 1151 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) In the case of an individual who after January 1, 1980, participated in a medical research program conducted by the Department under section 7303 of this title, a subsequent disability, or the death, of the individual shall be treated for the purposes of the first sentence of subsection (a) in the same manner as if the disability or death were a qualifying additional disability or qualifying death, and the individual (if not a veteran) shall be treated for the purposes of that sentence in the same manner as if the individual were a veteran, if— (1) the disability or death was caused by that individual’s participation in that research program; (2) the disability or death was not the result of the individual’s willful misconduct; and (3) the proximate cause of the disability or death was— (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in the conduct of the research program; or (B) an event not reasonably foreseeable..", "id": "HFEF31837985D4A9FB3BC765918632182", "header": "Injuries and deaths sustained as a result of participation in a medical research program of the Department of Veterans Affairs to be treated in the same manner as if incurred as a result of military service" }, { "text": "2. Independent study of adjudications under section 1151 \n(a) Study Required \nThe Secretary of Veterans Affairs shall provide, by contract, for an independent study to be conducted on the experience of the Department of Veterans Affairs in adjudicating claims under section 1151 of title 38, United States Code. (b) Matter to be studied \nThe entity selected to perform the study under subsection (a) shall evaluate the resolution of a representative sample of claims under section 1151 of title 38, United States Code, selected from the period of 1998 through 2002 and shall make a determination, for each claim selected for such purpose, as to whether the resolution of the claim was in accordance with the standard specified in that section, as in effect at the time of the resolution of the claim. (c) Report \nThe contract under subsection (a) shall provide for a report on the results of the study to be submitted to the Secretary of Veterans Affairs and the Committees on Veterans’ Affairs 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— (1) the results of the review conducted pursuant to the contract; and (2) such recommendations for administrative and legislative changes as would, in the opinion of the entity conducting the study, improve the resolution of claims under that section or provide for a more appropriate standard for the resolution of claims under that section.", "id": "H63C18A502FA5478DBB1C16D7631FC100", "header": "Independent study of adjudications under section 1151" } ]

[ { "text": "1. Exemption from ticket taxes for transportation provided by seaplanes \n(a) In general \nSection 4261 of the Internal Revenue Code of 1986 (relating to imposition of tax) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Exemption for seaplanes \nNo tax shall be imposed by this section or section 4271 on any air transportation by a seaplane with respect to any segment consisting of a takeoff from, and a landing on, water, but only if the places at which such takeoff and landing occur have not received and are not receiving financial assistance from the Airport and Airways Trust Fund.. (b) Effective date \nThe amendments made by this section shall apply to calendar years beginning after 2003.", "id": "H1E8F732672DD47C098FB0000699FAE7B", "header": "Exemption from ticket taxes for transportation provided by seaplanes" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare Nursing Facility Pay-for-Performance Act of 2004.", "id": "H10BBD2AEE55545AEACA7AEF64073641", "header": "Short title" }, { "text": "2. Additional medicare payment for facilities that report additional quality data \n(a) Voluntary reporting of quality measures and adjustment in payment \n(1) In general \nSection 1888 of the Social Security Act ( 42 U.S.C. 1395yy ) is amended by adding at the end the following new subsection: (f) Voluntary reporting of quality measures; change in payment based on reported quality measures \n(1) Establishment of additional quality measures \n(A) In general \nNot later than 6 months after the date of the enactment of this subsection, the Secretary, through a contract with a qualified independent party (such as the National Quality Forum) identified by the Secretary, shall provide for the identification of— (i) at least 10, and not more than 15, quality measures for the performance of skilled nursing facilities under this title; and (ii) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure to measure the performance of a skilled nursing facility. Such measures may be outcome or process measures. Such measures shall be in addition to the 14 enhanced measures published by the Secretary for such facilities for use as of September 1, 2004. (B) Measure of staffing level \nThe quality measures identified under subparagraph (A) shall include a measure of the level of facility staffing and the mix of licensed staff at a facility. (C) Risk adjustment \nThe values obtained for quality measures identified under subparagraph (A), including the existing 14 enhanced measures, shall be appropriately risk adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the skilled nursing facilities and not differences in the characteristics of the residents in such facilities. Such risk adjustment shall take into account resident characteristics that are related to triggering a value for a quality measure but are not reflective of facility care processes. Risk adjustment approaches may include, as appropriate— (i) excluding certain types of residents; (ii) stratifying residents into high-risk and low-risk groups; or (iii) statistical adjustment (such as regression analysis) that takes into consideration multiple characteristics (covariates) for each resident simultaneously and adjusts the nursing facilities’ quality measure values for different resident characteristics. (D) Small facilities \n(i) In general \nIn selecting and applying quality measures, there shall be taken into account the circumstances of small skilled nursing facilities. (ii) Definition \nFor purposes of clause (i), the term small skilled nursing facility means a skilled nursing facility which had, in most recent preceding cost reporting period, fewer than 1,500 patient days with respect to which payments were made under this title. (E) Annual evaluation \nThe Secretary shall provide for an annual process whereby the use of particular quality measures are evaluated and, as appropriate, adjusted in consultation with the National Quality Forum. (F) Posting on website \nThe Secretary shall provide for the posting on its website, and the publication at least annually, of the quality performance of skilled nursing facilities as measured through values reported under this subsection by such facilities. (2) Adjustment in payment based on quality performance \n(A) In general \nFor each fiscal year beginning with fiscal year 2006, in the case of a skilled nursing facility that reports data under paragraph (1) for the data reporting period with respect to that fiscal year (as defined in subparagraph (C)), the aggregate amount of payment under this subsection shall be adjusted as follows: (i) Increase of 2 percent for facilities in top 10 percent in quality \nIn the case of a facility that, based on such data, has a composite score for quality that is equal to or exceeds such score for the baseline period (as defined in subparagraph (D)) for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 2 percentage points. (ii) Increase of 1 percent for facilities in next 10 percent in quality \nIn the case of a facility that, based on such data, has a composite score for quality that exceeds such score for the baseline period for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, but is equal to or exceeds such score for the baseline period for the top 20 percent of such skilled nursing facilities, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (iii) Quality threshold covering 80 percent of facilities \nFor a baseline period, the Secretary shall establish a quality threshold score that covers 80 percent of the skilled nursing facilities that have reported such data for such baseline period. (iv) Decrease of 1 percent for facilities below quality threshold \nIn the case of a fiscal year beginning with fiscal year 2007, in the case of a facility that, based on such data, has a composite score on quality measures that is below the quality threshold score established under clause (iii) for the baseline period, the aggregate payment for the fiscal year involved shall be decreased by such amount as reflects a decrease in the market basket percentage increase applied under subsection (e)(4)(E)(ii)(V) by 1 percentage point. (v) Year by year determination \nAny increase or decrease in payments to a skilled nursing facility under the preceding provisions of this subparagraph for a fiscal year shall not affect or apply to payments to such facility in any subsequent fiscal year. (B) Treatment of small facilities \nIn the case of a skilled nursing facility which because of its small size is unable to submit data on one or more quality measures— (i) the facility shall not be penalized under this paragraph due to its non-reporting of such data; and (ii) the composite rank or score shall be based on the data so reported, with appropriate adjustments so as to be comparable to other facilities. (C) Data reporting period \nFor purposes of subparagraph (A), the term data reporting period means, with respect to— (i) fiscal year 2006, such period of calendar quarters in fiscal year 2005 as the Secretary shall specify, which, to the extent feasible, shall be a period of at least 2 calendar quarters; or (ii) a subsequent fiscal year, the period of 4 consecutive calendar quarters ending on the June 30 preceding the fiscal year. (D) Baseline period \nFor purposes of subparagraph (A), the term baseline period means, with respect to— (i) fiscal year 2006, the period of calendar quarters specified under subparagraph (C)(i); or (ii) a subsequent fiscal year, the period of 4-calendar-quarters ending on June 30, 2006.. (2) Limiting market basket increases to facilities that voluntarily report information \nSubsection (e)(4)(E)(ii) of such section is amended— (A) in subclause (III), by striking and at the end; (B) in subclause (IV), by inserting before the first fiscal year in which the reporting of quality measures is in effect under subsection (f)(1) after each subsequent fiscal year and by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause:by inserting before the period at the end the following: (V) for each subsequent year, the rate computed for the previous fiscal year increased, in the case of a skilled nursing facility that reports data under subsection (f)(1) for the fiscal year, by the skilled nursing facility market basket percentage for the fiscal year involved.. (b) Using fiscal year 2005 payment rates as a floor for subsequent updates \n(1) In general \nSubsection (e)(4)(E)(ii)(IV) and subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of such section is amended by inserting (taking into account, with respect to a previous fiscal year that was fiscal year 2005, all add-ons to such rate that were applicable in such fiscal year as well as market basket adjustments made in subsequent fiscal years) after the rate computed for the previous fiscal year. (2) Effective date \nThe amendment made by paragraph (1) shall apply to the computation of rates for fiscal years beginning with fiscal year 2006.", "id": "HAA03637462D2436199448B4E2590DCF", "header": "Additional medicare payment for facilities that report additional quality data" }, { "text": "3. Long-Term Care Financing Commission \n(a) Establishment \nThere is hereby established a commission to be known as the Long-Term Care Financing Commission (in this section referred to as the Commission ). (b) Composition \nThe Commission shall be composed of 10 members appointed by the Secretary of Health and Human Services. (c) Duties \n(1) Analyses \nThe Commission shall conduct analyses of the financing of long-term care, including the financing of nursing facilities. Such analyses shall include an analysis of each of the following: (A) The adequacy of Medicaid program financing of the long term care system. (B) Medicare’s cross-subsidization of long-term care for Medicaid patients. (C) Total industry margins in long-term care. (D) Long-term demographic challenges. (E) The impact of current trends, including staffing shortages and litigation costs, on long-term care spending. (F) Different approaches to refinements in the per diem RUG payment amounts and related payment methodologies under section 1888(e) of the Social Security Act ( 42 U.S.C. 1395yy(e) ). (2) Report \nThe Commission shall submit to Congress an annual report on its analyses. Each such report shall include recommendations for such changes in financing of long-term care as the Commission deems appropriate. (d) Terms, Compensation, Chairman, Meetings, Staff, and Powers \nThe provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and (e) of section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 ) (relating to provisions for the Medicare Payment Advisory Commission) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission.", "id": "H214AA1DCABC74194B22C00F6EF68022F", "header": "Long-Term Care Financing Commission" } ]

[ { "text": "1. Amendments to domestic source requirements \n(a) Notice \nSection 2533a of title 10, United States Code, is amended by adding at the end the following new subsection: (k) Notification Required When Exceptions Applied \nFunds appropriated or otherwise available to the Department of Defense may not be used to enter into a contract to procure an item described in subsection (b) pursuant to an exception in this section (as set forth in subsections (c) through (h)) until— (1) a notification of the intent to apply such exception is submitted to Congress and posted on the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site); and (2) a period of 15 days has expired after the date on which such notification is so submitted and published.. (b) Clothing Materials and Components Covered \nSubsection (b) of section 2533a of title 10, United States Code, is amended in paragraph (1)(B) by inserting before the semicolon the following: and the materials and components thereof.", "id": "HE57F7621A02C4135ABE38907C34E00F1", "header": "Amendments to domestic source requirements" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Hardened Containers for Air Cargo Security Act of 2004.", "id": "H1EF3E0A8829B401AA6B66C1CF7B3BB6", "header": "Short title" }, { "text": "2. Pilot program to evaluate use of hardened containers on passenger aircraft \n(a) In general \nBeginning not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall carry out a pilot program to evaluate the use of hardened containers for cargo and luggage on passenger aircraft to minimize the potential effects of an explosive device. (b) Guidelines \nIn carrying out the pilot program, the Secretary shall develop guidelines for use by air carriers in determining the types of cargo and luggage to be placed in a hardened container on a passenger aircraft. (c) Incentive program \n(1) In general \nAs part of the pilot program, the Secretary shall carry out an incentive program to provide assistance to air carriers to test the use of hardened containers for cargo and luggage on passenger aircraft. (2) Purposes \nThe purposes of the incentive program, at a minimum, shall be— (A) to test the function and interaction of the hardened containers with other components of the aviation security system; (B) to determine the quantity of hardened containers required in air carrier operations; (C) to identify issues in logistics and control associated with use of the hardened containers and their possible solutions; and (D) to identify training and maintenance requirements associated with use of the hardened containers. (3) Applications \nTo be eligible to participate in the incentive program, an air carrier shall submit to the Secretary an application that is in such form and contains such information as the Secretary requires. (4) Types of assistance \nAssistance provided by the Secretary to air carriers under the incentive program may include the use of hardened containers and financial assistance to cover increased costs to the carriers associated with use and maintenance of the containers, including increased fuel costs. (d) Administration by TSA \nThe Secretary shall carry out the pilot program acting through the Administrator of the Transportation Security Administration. (e) Report \nNot later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the pilot program. (f) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,700,000. Such sums shall remain available until expended.", "id": "HCD256B83FDC74C58B144BF8DCE204048", "header": "Pilot program to evaluate use of hardened containers on passenger aircraft" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Norman Y. Mineta Research and Special Programs Reorganization Act.", "id": "HFA77697A2A99492AB944353B4FE0AE32", "header": "Short title" }, { "text": "2. Pipeline and hazardous materials safety administration \n(a) In general \nSection 108 of title 49, United States Code, is amended to read as follows: 108. Pipeline and Hazardous Materials Safety Administration (a) In general \nThe Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation. (b) Safety as highest priority \nIn carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation. (c) Administrator \nThe head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation. (d) Deputy Administrator \nThe Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (e) Chief safety officer \nThe Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. (f) Duties and powers of the administrator \nThe Administrator shall carry out— (1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 59, 61, 601, and 603; and (2) other duties and powers prescribed by the Secretary. (g) Limitation \nA duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.. (b) Transfer of duties and powers of research and special programs administration \nThe authority of the Research and Special Programs Administration exercised under chapters 51, 57, 59, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration. (c) Conforming amendments \n(1) Chapter analysis \nThe analysis for chapter 1 of title 49, United States Code, is amended by striking the item relating to section 108 and inserting the following: 108. Pipeline and Hazardous Materials Safety Administration. (2) DOT inspectors \nSections 5118(b)(3)(A) of title 49, United States Code, is amended by striking “Research and Special Programs Administration” and inserting “Pipeline and Hazardous Materials Safety Administration”. (3) NTSB safety recommendations \nSection 19(a) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C 1135 note; 116 Stat. 3009) is amended by striking “Research and Special Programs Administration” and inserting “Pipeline and Hazardous Materials Safety Administration”. (4) National maritime enhancements institutes \nSection 8(f)(2) of Public Law 101–115 (46 U.S.C. App. 1121-2(f)(2)) is amended by striking Research and Special Programs Administration and inserting Research and Innovative Technology Administration. (5) Oil pollution research and development program \nSection 7001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2761 ) is amended— (A) in subsection (a)(3) by striking Research and Special Projects Administration and inserting Pipeline and Hazardous Materials Safety Administration ; and (B) in subsection (c)(11) by striking Research and Special Programs Administration and inserting Pipeline and Hazardous Materials Safety Administration. (6) Penalties \nSection 844(g)(2)(B) of title 18, United State Code, is amended by striking Research and Special Projects Administration and inserting Pipeline and Hazardous Materials Safety Administration. (d) Executive Schedule pay rate \nSection 5314 of title 5, United States Code, is amended by adding at the end the following: Administrator, Pipeline and Hazardous Materials Safety Administration..", "id": "HFA115802C6E44B67B8F31662A1359622", "header": "Pipeline and hazardous materials safety administration" }, { "text": "108. Pipeline and Hazardous Materials Safety Administration (a) In general \nThe Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation. (b) Safety as highest priority \nIn carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation. (c) Administrator \nThe head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation. (d) Deputy Administrator \nThe Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (e) Chief safety officer \nThe Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. (f) Duties and powers of the administrator \nThe Administrator shall carry out— (1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 59, 61, 601, and 603; and (2) other duties and powers prescribed by the Secretary. (g) Limitation \nA duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.", "id": "H72A4ABB63731432E9D3D193D9961A9FC", "header": null }, { "text": "3. Bureau of Transportation Statistics \n(a) Establishment \nSection 111(a) of title 49, United States Code, is amended by striking in the Department of Transportation and inserting in the Research and Innovative Technology Administration. (b) Appointment of Director \nSection 111(b) of title 49, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Appointment \nThe Bureau shall be headed by a Director who shall be appointed in the competitive service by the Secretary. ; and (2) by striking paragraphs (3) and (4). (c) Executive Schedule pay rate \nSection 5316 of title 5, United States Code, is amended by striking the undesignated paragraph relating to the Director, Bureau of Transportation Statistics.", "id": "H0E3BCDAB86FF4FAAB89984BF8E79931D", "header": "Bureau of Transportation Statistics" }, { "text": "4. Research and Innovative Technology Administration \n(a) In General \nSection 112 of title 49, United States Code, is amended— (1) by striking the section heading and inserting the following: 112. Research and Innovative Technology Administration \n; (2) by striking subsection (a) and inserting the following: (a) Establishment \nThe Research and Innovative Technology Administration shall be an administration in the Department of Transportation. ; (3) by striking subsection (d) and inserting the following: (d) Powers and duties of the administrator \nThe Administrator shall carry out— (1) the responsibilities of the Secretary for— (A) coordination, facilitation, and review of the Department’s research and development programs and activities; (B) advancement of innovative technologies, including intelligent transportation systems projects and products; (C) comprehensive transportation statistics research, analysis, and reporting; (D) education and training in transportation and transportation-related fields; and (E) activities of the Volpe National Transportation Center; and (2) other duties and powers prescribed by the Secretary. ; and (4) by striking subsection (e). (b) Office of Intermodalism \nSection 5503(a) of title 49, United States Code, is amended to read as follows: (a) Establishment \nThere is established in the Research and Innovative Technology Administration an Office of Intermodalism.. (c) Transfer of powers and duties of research and special programs administration \nThe authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 59, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration. (d) Conforming amendment \nThe analysis for chapter 1 of title 49, United States Code, is amended by striking the item relating to section 112 and inserting the following: 112. Research and Innovative Technology Administration. (e) Executive Schedule pay rate \nSection 5314 of title 5, United States Code, is amended by striking the undesignated paragraph relating to the Administrator, Research and Special Programs Administration and inserting the following: Administrator, Research and Innovative Technology Administration..", "id": "H7A91FDEE3DB947A6A66CCCF8913173A2", "header": "Research and Innovative Technology Administration" }, { "text": "112. Research and Innovative Technology Administration", "id": "HF3B06BD2CB734EFEA545F0BECEEB03AE", "header": "Research and Innovative Technology Administration" }, { "text": "5. Savings provisions \n(a) Transfer of assets and personnel \nPersonnel, property, and records employed, used, held, available, or to be made available in connection with functions transferred within the Department of Transportation by this Act shall be transferred for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds (including funds of any predecessor entity) shall also be transferred accordingly. (b) Legal documents \nAll orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law. (c) Proceedings \nThe provisions of this Act shall not affect any proceedings, including administrative enforcement actions, pending before this Act takes effect, insofar as those functions are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall proceed in accordance with applicable law and regulations. Nothing in this subsection shall be deemed to prohibit the conclusion or modification of any proceeding described in this subsection under the same terms and conditions and to the same extent that such proceeding could have been concluded or modified if this Act had not been enacted. The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings. (d) Suits \n(1) In general \nThis Act shall not affect suits commenced before the date of enactment of this Act, except as provided in paragraphs (2) and (3). In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (2) Suits by or against department \nAny suit by or against the Department begun before the date of enactment of this Act, shall proceed in accordance with applicable law and regulations, insofar as it involves a function retained and transferred under this Act. (3) Procedures for remanded cases \nIf the court in a suit described in paragraph (1) remands a case, subsequent proceedings related to such case shall proceed under procedures that are in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings. (e) Continuance of actions against officers \nNo suit, action, or other proceeding commenced by or against any officer in his or her official capacity shall abate by reason of the enactment of this Act. (f) Exercise of authorities \nAn officer or employee of the Department, for purposes of performing a function transferred by this Act, may exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function by this Act. (g) References \nA reference relating to an agency, officer, or employee affected by this Act in any Federal law, Executive order, rule, regulation, or delegation of authority, or in any document pertaining to an officer or employee, is deemed to refer, as appropriate, to the agency, officer, or employee who succeeds to the functions transferred by this Act. (h) Definition \nIn this section, the term this Act includes the amendments made by this Act.", "id": "H4A84D7F01B8342A7AFB49CFBB682E92", "header": "Savings provisions" }, { "text": "6. Reports \n(a) Reports by the inspector general \nNot later than 30 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration a report containing the following: (1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented. (2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. (b) Reports by the secretary \n(1) Statutory mandates \nNot later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. (2) NTSB and inspector general recommendations \nNot later than January 1st of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing each recommendation referred to subsection (a)(2) and a copy of the Department of Transportation response to each such recommendation.", "id": "H34D34470ED614A09B85DBA6B0811E518", "header": "Reports" }, { "text": "7. Deadline for transfers \nThe Secretary shall provide for the orderly transfer of duties and powers under this Act, including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act.", "id": "H6C1CBA95BF3F438A8BA96B444D10CB8F", "header": "Deadline for transfers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Preservation of Orphan Works Act.", "id": "H7E12E8FFE3CD41E6B6FFA0E63D354467", "header": "Short title" }, { "text": "2. Reproduction of copyrighted works by libraries and archives \nSection 108(i) of title 17, United States Code, is amended by striking (b) and (c) and inserting (b), (c), and (h).", "id": "H770F0928D00649ABB438769DAAA06D2", "header": "Reproduction of copyrighted works by libraries and archives" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Healthy Forest Youth Conservation Corps Act of 2004.", "id": "H98779122FE994352BEDBACD8BE7D800", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the natural fire regimes of forested public land have been altered by intensive fire suppression; (2) fire suppression has led to increased risk of unnaturally severe wildfires that in recent years have destroyed thousands of homes, devastated agricultural crops and livestock, reduced biodiversity, and scorched thousands of areas of soil and natural resources; (3) catastrophic wildfires pose a particular threat to communities and wildlife living close to forested wildland, known as the wildland-urban interface ; (4) each year millions of dollars are spent to fight severe wildfires and protect communities where municipal water supplies, human lives, and property are threatened; (5) contracts and cooperative agreements between Federal agencies and State and local governments and other entities empower communities and are cost-effective tools that provide positive social and environmental benefits, and the use of such contracts and agreements should be encouraged as a means to prevent unnaturally severe fires, rehabilitate public land affected or altered by fires, and enhance and maintain environmentally important land and water; (6) joint collaborations between the Federal agencies and service and conservation corps composed of young adults are particularly beneficial, as the collaborations provide— (A) young adults the opportunity to prepare for productive lives while engaged in meaningful and educational public service opportunities; and (B) the public with cost-saving human resources to assist in conserving, maintaining, and protecting public land.", "id": "H8439A0B9173A4141B4BAE2C5AEAC7D63", "header": "Findings" }, { "text": "3. Purposes \nThe purposes of this Act are— (1) to allow service and conservation corps to enter into agreements with public land management agencies to perform rehabilitation and enhancement projects to prevent fire, rehabilitate public land affected or altered by fires, and suppress fires, and provide disaster relief; (2) to offer young adults, particularly those who are at-risk or economically disadvantaged, who are members of a service and conservation corps the opportunity to gain productive employment; (3) to provide those young adults the opportunity to serve their communities and their country; and (4) to expand educational opportunities by rewarding individuals who participate in the Healthy Forest Youth Conservation Corps with an increased ability to pursue higher education or employment.", "id": "H70EA2EC70CDF449CAF6B80EE78936B7F", "header": "Purposes" }, { "text": "4. Healthy Forest Youth Conservation Corps \n(a) Establishment \nThere is established a Healthy Forest Youth Conservation Corps. (b) Participants \nThe Corps shall consist of young adults who are enrolled as members of a service and conservation corps covered by a contract or cooperative agreement entered into under subsection (c). (c) Contracts or agreements \nThe Secretary concerned may enter into contracts or cooperative agreements directly with— (1) any service and conservation corps to carry out a rehabilitation and enhancement project described in subsection (d); or (2) a department of natural resources, agriculture, or forestry (or an equivalent department) of any State that has entered into a contract or cooperative agreement with a service and conservation corps to carry out a rehabilitation and enhancement project described in subsection (d). (d) Authorized projects \nUnder a contract or cooperative agreement entered into under subsection (c), a service and conservation corps may carry out a rehabilitation and enhancement project to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief, including— (1) a project relating to the National Fire Plan; (2) a project relating to the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6501 et seq. ); and (3) other activities allowed under— (A) a national forest and grassland land management plan; or (B) a Bureau of Land Management land use plan. (e) Priority projects \nIn entering into a contract or cooperative agreement under subsection (b), the Secretary concerned shall give priority to projects that will— (1) reduce hazardous fuels on public land; (2) restore public land affected or imminently threatened by disease or insect infestation; (3) rehabilitate public land affected or altered by fires; (4) assess windthrown public land or public land at high risk of reburn; (5) work to address public land located within relative proximity to a municipal watershed and municipal water supply; (6) provide related emergency assistance, such as natural disaster relief and the rescue of lost or injured persons; (7) instill in members of the service and conservation corps a work ethic and a sense of personal responsibility; (8) be labor-intensive; and (9) be planned and initiated promptly. (f) Supportive services \nThe Secretary concerned may provide such services as the Secretary considers to be necessary to carry out this Act, including technical assistance, oversight, monitoring, and evaluation to or for— (1) State departments of natural resources and agriculture (or equivalent agencies); (2) service and conservation corps; (3) in the case of Indian lands, the applicable Indian tribe; (4) in the case of Hawaiian home lands, the applicable State agency in the State of Hawaii; and (5) in the case of land under the jurisdiction of an Alaska Native Corporation, the applicable Alaska Native Corporation. (g) Other uses of funds \nFunds made available under this Act may be used to support implementation, monitoring, training, technical assistance, and administrative work of service and conservation corps covered by a contract or cooperative agreement entered into under subsection (c).", "id": "H233F321684964FC6967FA1456CC3000", "header": "Healthy Forest Youth Conservation Corps" }, { "text": "5. Noncompetitive hiring status \nThe Secretary may grant a person who is a former member of the Healthy Forest Youth Conservation Corps with credit for time served as a member of the Corps toward future Federal hiring and may provide the person with a noncompetitive hiring status for not more than 120 days beginning on the date on which the person completed service as a member of the Corps.", "id": "HF45A6A0CE3994CE1B1A464DB07CBFED2", "header": "Noncompetitive hiring status" }, { "text": "6. Nondisplacement \nThe nondisplacement requirements of section 177(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12637(b) ) shall apply to activities carried out under this Act.", "id": "H7B7CFAF877294BBC8FD4E31DCADE5424", "header": "Nondisplacement" }, { "text": "7. Definitions \nIn this Act: (1) Alaska Native Corporation \nThe term Alaska Native Corporation means a Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (2) Hawaiian home lands \nThe term Hawaiian home lands has the meaning given the term in section 203 of Public Law 91–378 (commonly known as the Youth Conservation Corps Act of 1970 ) ( 16 U.S.C. 1722 ). (3) Indian lands \nThe term Indian lands has the meaning given the term in section 203 of Public Law 91–378 (commonly known as the Youth Conservation Corps Act of 1970 ) ( 16 U.S.C. 1722 ). (4) Public land \nThe term public land means— (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )); (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) and other land administered by the Secretary of the Interior through the United States Fish and Wildlife Service; (C) land owned by a State or local agency; (D) Indian lands, with the approval of the applicable Indian tribe; (E) Hawaiian home lands, with the approval of the applicable State agency in the State of Hawaii; and (F) land under the jurisdiction of an Alaska Native Corporation, with the approval of the applicable Alaska Native Corporation. (5) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary of Agriculture, with respect to land of the National Forest System described in subparagraph (A) of paragraph (4); (B) the Secretary of the Interior, with respect to public land described in subparagraph (B) of such paragraph; and (C) the Secretary of Agriculture and the Secretary of the Interior jointly, with respect to land described in subparagraphs (C) through (F) of such paragraph. (6) Service and conservation Corps \nThe term service and conservation corps means any organization established by a State or local government, nonprofit organization, or Indian tribe that— (A) has a research-validated demonstrable capability to provide productive work to individuals; (B) gives participants a combination of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values through service to their communities and the United States. (7) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (8) Young adults \nThe term young adults means individuals between 16 and 25 years of age.", "id": "H375BA756B3824F1C80AA17A54370469D", "header": "Definitions" }, { "text": "8. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2005 through 2009.", "id": "H2C729AB187564EF19D0397713FABB66", "header": "Authorization of appropriations" } ]

[ { "text": "1. Operation, maintenance, and capital improvement of Camp Navajo, Arizona \n(a) Private sector use of camp navajo \nThe Secretary of the Army shall enter into an agreement with the State of Arizona, acting by and through the Adjutant General of the Arizona Army National Guard, to amend License No. DACA09–3–82–153 between the Secretary and the State of Arizona, which relates to the use of Camp Navajo, the former Navajo Depot Activity, Arizona, by the Arizona Army National Guard as a year-round training and support installation, to authorize the Arizona Army National Guard to use excess capacity at Camp Navajo to provide services and facilities for a fee to private sector entities. (b) Construction of facilities \nThe amendment required by subsection (a) shall authorize the construction of facilities at Camp Navajo by private sector entities, except that appropriated funds may not be used for this purpose, and no private entity shall obtain any ownership rights in any customer-funded facilities. (c) Termination of contracts \nAny contract with a private sector entity entered into pursuant to the amended license shall include a provision providing for the termination of the contract in the event Camp Navajo facilities are needed for national defense purposes. (d) Hold harmless \nContracts with private entities entered into pursuant to the amended license shall contain provisions holding the United States harmless for any liability that may arise due to the private entity utilizing Camp Navajo facilities and holding the private entity responsible for any environmental cleanup and compliance required by their activities at Camp Navajo. (e) Treatment of receipts \nRevenues generated under contracts with private entities entered into pursuant to the amended license may be deposited in the Camp Navajo fund established by section 26-152 of the Arizona Revised Statutes, but such revenues shall be used only to support the infrastructure and troop programs of the Arizona Army National Guard.", "id": "H115ED019F6FD49B39390FE20649C944E", "header": "Operation, maintenance, and capital improvement of Camp Navajo, Arizona" } ]

[ { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Spectrum Accountability Act.", "id": "HD6AA9BBF284D494AA20007E22B77AE6D", "header": "Short title" }, { "text": "2. Clarification of spectrum auction requirements \n(a) Amendment \nParagraph (6) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(6) ) is amended— (1) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively; (2) by striking Nothing in this subsection and inserting the following: (A) In general \nNothing in this subsection ; and (3) by adding at the end the following new subparagraph: (B) Limitation \nNeither subparagraph (A) of this paragraph nor any other provision of this Act (other than paragraph (2) of this subsection) shall be construed to permit the Commission to avoid the requirement of paragraph (1) of this subsection to use competitive bidding in granting a license, or to avoid the obligation to accept properly executed mutually exclusive applications for such a license, if the grant of such license, including any grant by means of a modification pursuant to section 316, results in the licensee— (i) being authorized to use— (I) a materially greater quantity of electromagnetic spectrum than the licensee was authorized to use prior to the grant or modification; or (II) a band of the electromagnetic spectrum that materially exceeds in value any band of spectrum that was previously used by the licensee; or (ii) effectively exchanging a license previously held by the licensee for a license that— (I) materially alters the rights or obligations under the previously held license; or (II) permits the licensee to provide services that the previously held license did not permit..", "id": "HAF0539ED0BF44EF39F5993A179F83303", "header": "Clarification of spectrum auction requirements" } ]

[ { "text": "1. Seniors Farmers’ Market Nutrition Program \n(a) Funding \nSubsection (a) of section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 ; Public Law 107–171 ; 116 Stat. 334) is amended to read as follows: (a) Establishment \nThe Secretary of Agriculture shall use funds available to the Commodity Credit Corporation to carry out and expand a seniors farmers’ market nutrition program in the following amounts: (1) For fiscal year 2004, not less than $25,000,000. (2) For fiscal year 2005, not less than $50,000,000. (3) For fiscal year 2006, not less than $75,000,000. (4) For fiscal year 2007, not less than $100,000,000.. (b) Purposes \nSubsection (b)(1) of such section is amended— (1) by striking unprepared and inserting minimally processed ; and (2) by striking and herbs and inserting herbs, and other locally produced farm products as the Secretary considers appropriate. (c) Limitation on Administrative Costs \nSuch section is further amended by adding at the end the following new subsection: (d) Administrative Costs \nNot more than 10 percent of the funds made available for a fiscal year under subsection (a) may be used to pay administrative costs incurred in carrying out this section..", "id": "H9D0D123BF6DF4A1A955B2B4E8234CFA4", "header": "Seniors Farmers’ Market Nutrition Program" } ]

[ { "text": "1. Suspension of duty on Tetrakis ((2,4-di-tert-butylphenyl)4,4-biphenylenediphonite) \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.28.35 Tetrakis ((2,4-di-tert-butylphenyl)4,4-biphenylenediphonite) (CAS No. 119345-01-6) (provided for in subheading 2835.29.50) 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 Tetrakis ((2,4-di-tert-butylphenyl)4,4-biphenylenediphonite)" } ]

[ { "text": "1. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) State \nThe term State means the State of Arizona. (3) Tribe \nThe term Tribe means the Pascua Yaqui Tribe.", "id": "H7E35865325CE4F1AB6E199B283B9C8D2", "header": "Definitions" }, { "text": "2. Acquisition of subsurface mineral interests from the State for the Tribe \n(a) Acquisition authorized \nThe Secretary shall acquire, by use of the powers of eminent domain, and the Department of Justice is authorized to act on behalf of the Secretary to do so, pursuant to the laws and regulations of the United States governing use of the power of eminent domain, but only with the consent of the State, the following: (1) Any trust mineral estate of the State located beneath the surface estates of the Tribe in land consisting of approximately 436.18 acres in Pima County, Arizona. (2) Any trust mineral estate of the State located beneath the surface estates held in trust for the Tribe in land consisting of approximately 140.18 acres in Pima County, Arizona. (b) Consideration \nSubject to subsection (c), as consideration for the acquisition of subsurface mineral interests by the United States pursuant to subsection (a), the Tribe shall pay to the State an amount equal to the market value of those subsurface mineral interests as determined by— (1) a mineral assessment completed— (A) by a team of mineral specialists agreed upon by the State and the Tribe; and (B) reviewed, and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) negotiation between the Tribe and the State in order to arrive at a mutually agreed price; or (3) in the event the Tribe and the State cannot arrive at a mutually agreed price, an appraisal report completed in accordance with subsection (d)— (A) by the State and reviewed by the Tribe; and (B) if requested by the Tribe through the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians in the Department of the Interior. (c) Conditions of acquisition \nThe Secretary may make the acquisition under subsection (a) only if— (1) the payment to the State required under subsection (b) is accepted by the State as full consideration for the subsurface mineral interests acquired by the United States under subsection (a); and (2) the acquisition terminates all right, title, and interest of all parties other than the United States in and to the acquired subsurface mineral interests. (d) Determination of market value \nNotwithstanding any other provision of law, unless State and Tribe shall otherwise agree to a stipulated market value, the value of the subsurface mineral interests acquired by the United States under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. Any appraisal shall be subject to the review and acceptance by the Land Department of the State and the Office of Special Trustee for American Indians in the Department of the Interior. (e) Description of land \nThe exact acreage and legal descriptions of the land and interests in land acquired by the United States under this section shall be determined by surveys that are satisfactory to the Secretary and the State. (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the acquisition of subsurface interests in land under this section as the Secretary considers appropriate to protect the interests of the United States and any valid existing rights.", "id": "H5F823CC3EA1845519ECC9F91C2254289", "header": "Acquisition of subsurface mineral interests from the State for the Tribe" }, { "text": "3. Interests in land taken into trust for the Tribe \n(a) Land transferred \nNotwithstanding any other provision of law, after the Tribe makes the payment described in subsection (b), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, formerly reserved to the United States, to the approximately 360.23 acres of land located in Pima County, Arizona, the surface rights to which are held in trust for the benefit of the Tribe. (b) Consideration and costs \nThe Tribe shall pay to the Secretary all transaction costs associated with assessment, review, and transfer of the interest in the estate authorized to be taken into trust pursuant to subsection (a). (c) Determination of fair market value \nNotwithstanding any other provision of law, unless the Secretary and the Tribe agree to a stipulated fair market value, the value of the subsurface mineral interests taken into trust under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. (d) Description of land \nThe exact acreage and legal description of the land described in subsection (a) shall be determined by the Secretary.", "id": "HBF738789A54946868595C67B00641C07", "header": "Interests in land taken into trust for the Tribe" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Haiti Economic Recovery Opportunity Act of 2004.", "id": "H328C1130B7B24AB2A3B4AF6E0460E269", "header": "Short title" }, { "text": "2. Trade benefits to Haiti \n(a) In general \nThe Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2701 et seq. ) is amended by inserting after section 213 the following new section: 213A. Special rule for Haiti \n(a) In general \nIn addition to any other preferential treatment under this Act, beginning on October 1, 2003, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). (b) Apparel articles described \nApparel articles described in this subsection are apparel articles that are wholly assembled or knit-to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns. (c) Preferential treatment \nThe preferential treatment described in subsection (a), shall be extended— (1) during the 12-month period beginning on October 1, 2003, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period beginning October 1, 2002; and (2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of— (A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and (B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. (d) Eligibility requirements \nHaiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti— (1) has established, or is making continual progress toward establishing— (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; (C) the elimination of barriers to United States trade and investment, including by— (i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) the protection of intellectual property; and (iii) the resolution of bilateral trade and investment disputes; (D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; (E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and (F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; (2) does not engage in activities that undermine United States national security or foreign policy interests; and (3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities. (e) Conditions regarding enforcement of circumvention \n(1) In general \nThe preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions: (A) Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States. (B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country. (C) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti. (D) Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention. (E) Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be). (F) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system. (2) Definitions \nIn this subsection: (A) Circumvention \nThe term circumvention means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results— (i) in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or (ii) in obtaining preferential tariff treatment. (B) Transshipment \nThe term transshipment has the meaning given such term under section 213(b)(2)(D)(iii).. (b) Effective date \n(1) In general \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2003. (2) Retroactive application to certain entries \nNotwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law, upon proper request filed with the United States Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)— (A) that was made on or after October 1, 2003, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.", "id": "H8138F85CAC57491CBFAE56AB33E9186C", "header": "Trade benefits to Haiti" }, { "text": "213A. Special rule for Haiti \n(a) In general \nIn addition to any other preferential treatment under this Act, beginning on October 1, 2003, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). (b) Apparel articles described \nApparel articles described in this subsection are apparel articles that are wholly assembled or knit-to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns. (c) Preferential treatment \nThe preferential treatment described in subsection (a), shall be extended— (1) during the 12-month period beginning on October 1, 2003, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period beginning October 1, 2002; and (2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of— (A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and (B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. (d) Eligibility requirements \nHaiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti— (1) has established, or is making continual progress toward establishing— (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; (C) the elimination of barriers to United States trade and investment, including by— (i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) the protection of intellectual property; and (iii) the resolution of bilateral trade and investment disputes; (D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; (E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and (F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; (2) does not engage in activities that undermine United States national security or foreign policy interests; and (3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities. (e) Conditions regarding enforcement of circumvention \n(1) In general \nThe preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions: (A) Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States. (B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country. (C) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti. (D) Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention. (E) Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be). (F) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system. (2) Definitions \nIn this subsection: (A) Circumvention \nThe term circumvention means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results— (i) in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or (ii) in obtaining preferential tariff treatment. (B) Transshipment \nThe term transshipment has the meaning given such term under section 213(b)(2)(D)(iii).", "id": "H658207BA5C7F46758584BF864D9E28D3", "header": "Special rule for Haiti" } ]

[ { "text": "1. Citizenship for Ahmad Khabaz Taghizadeh and Azammolok Taghizadeh Vatani \nNotwithstanding title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ), Ahmad Khabaz Taghizadeh and Azammolok Taghizadeh Vatani shall each be considered to be a naturalized citizen of the United States as of the date of the enactment of this Act and shall each be furnished by the Secretary of Homeland Security with a certificate of naturalization.", "id": "H92C92495757A4627AFB4348902C701C", "header": "Citizenship for Ahmad Khabaz Taghizadeh and Azammolok Taghizadeh Vatani" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Eastern Santa Clara River Basin Protection Act.", "id": "H2769E37A21F7485F986ECDF9D4A20362", "header": "Short title" }, { "text": "2. Eastern santa clara river basin groundwater restoration \n(a) Eastern santa clara river basin \n(1) In general \nThe Secretary of the Army, in cooperation with Federal, State, and local government agencies, shall participate in studies and other investigative activities and in the construction, planning, and design of projects determined by the Secretary to offer a long-term solution to the problem of groundwater contamination caused by perchlorates in the Eastern Santa Clara River Basin, in the city of Santa Clarita, California. (2) Sources of perchlorate \nThe investigative activities and projects described in paragraph (1) shall include sites that are— (A) sources of perchlorate; and (B) located in the city of Santa Clarita, California. (b) Authorization of appropriations \nThere is authorized to be appropriated $10,000,000 to carry out this section. Such sums shall remain available until expended.", "id": "H447607DDB982489CB17F9282A5C354C4", "header": "Eastern santa clara river basin groundwater restoration" }, { "text": "3. Groundwater remediation within the santa clarita valley for perchlorate contamination \nSection 219(f) of the Water Resources Development Act of 1992 (106 Stat. 3835; 113 Stat. 335) is amended by adding at the end the following: (75) Santa clarita, california \n$25,000,00 to remediate groundwater contamination in the Eastern Santa Clara River Basin, Santa Clarita, California. The Secretary shall allow credit for in-kind services provided by the non-Federal sponsor before the initiation of the project, not to exceed the non-Federal cost of the project. If the in-kind services provided by the non-Federal sponsor before the initiation of the project exceed the non-Federal cost of the project, the Secretary shall reimburse the non-Federal sponsor for such services..", "id": "H4A4203802D434233BFEE2DDFF2726F80", "header": "Groundwater remediation within the santa clarita valley for perchlorate contamination" } ]

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

[ { "text": "1. Nitrocellulose \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.39.13 Cellulose nitrate (nitrocellulose) (provided for in subheading 3912.20.00) Free Free 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": "Nitrocellulose" } ]

[ { "text": "1. Findings \nThe Congress finds as follows: (1) The Report and Recommendations of the Westchester County, New York, January B 2004 Grand Jury, entitled Returning Abused Children to their Abusers: How Westchester County's Child Protective System Fails the Children it Most Needs to Protect , identified 3 essential principles that should guide child services programs, namely, maintaining that the best interest of the child is paramount, ensuring continuity in case supervision with all relevant parties involved and all relevant information shared, and assigning special priority to the identification of high-risk cases. (2) Such report also observed that, because there is no direct way for the State of New York to report an individual's history of child abuse to another State, and a child may be placed at greater risk if an offender with an established history of child abuse moves to a State where his or her history is unknown, a national central register of cases of child abuse or neglect must be created. (3) 896,000 children were determined to be victims of child abuse or neglect in 2002. (4) The rate of victimization per 1,000 children in the national population has dropped from 13.4 children in 1990 to 12.3 children in 2002. (5) 1,400 children died due to child abuse or neglect in 2002. (6) A 2002 Department of Health and Human Services child and family services review suggests that difficulties States experience in preventing maltreatment recurrence may be due to inadequate identification of abusers. (7) When an individual is convicted of a crime in New York, police in California know and are able to identify the violator. Child abusers should be as easily identifiable for State and local child protective services. (8) Many States currently maintain a child maltreatment registry that collects information about maltreated children and individuals who were found to have abused or neglected children, in order to protect children from contact with individuals who may mistreat them. (9) Some States that maintain such registries are explicitly prohibited under State law from sharing this important data with other States.", "id": "H7D39C13948D94489A015B5BF87F33BD3", "header": "Findings" }, { "text": "2. National register of cases of child abuse or neglect \n(a) In general \nThe Attorney General shall create a national register of cases of child abuse or neglect. The information in such register shall be supplied by States, or, at the option of a State, by political subdivisions of such State. (b) Information \nThe register described in subsection (a) shall collect in a central electronic database information on children reported to a State, or a political subdivision of a State, as abused or neglected. (c) Scope of information \n(1) In general \n(A) Treatment of reports \nThe information to be provided to the Attorney General under this section shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Attorney General under this section shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded. (B) Exception \nIf a State or political subdivision of a State has an equivalent electronic register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Attorney General under this section shall be coextensive with that in such register. (2) Form \nInformation provided to the Attorney General under this section— (A) shall be in a standardized electronic form determined by the Attorney General; and (B) shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained. (d) Construction \nThis section shall not be construed to require a State or political subdivision of a State to modify— (1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or (2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded. (e) Dissemination \nThe Attorney General shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the child’s parents or guardians while also ensuring that Federal, State, and local government entities have access to such information in order to carry out their responsibilities under law to protect children from abuse and neglect. (f) Condition on receipt of funds \nCompliance under this section shall be a condition precedent to receipt of funds under section 107 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106c ).", "id": "H8EF3F32FAAD7474C89BFE979CDCDBEE9", "header": "National register of cases of child abuse or neglect" } ]

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

[ { "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" }, { "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" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Commercial Space Launch Amendments Act of 2004.", "id": "HB872E7B2B3374E1D9F87ECC5775EF1C", "header": "Short title" }, { "text": "2. Amendments \n(a) Findings and purposes \nSection 70101 of title 49, United States Code, is amended— (1) in subsection (a)(3), by inserting human space flight, after microgravity research, ; (2) in subsection (a)(4)— (A) by striking satellite ; and (B) by striking services now available from and inserting capabilities of ; (3) in subsection (a)(8), by striking and at the end; (4) in subsection (a)(9), by striking the period and inserting a semicolon; (5) by adding at the end of subsection (a) the following new paragraphs: (10) the goal of safely opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations; (11) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate the Nation’s commercial space transportation industry as a whole; (12) space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance; (13) a critical area of responsibility for the Department of Transportation is to regulate the operations and safety of the emerging commercial human space flight industry; (14) the public interest is served by creating a clear legal, regulatory, and safety regime for commercial human space flight; and (15) the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew or space flight participants to avoidable risks as the public comes to expect greater safety for crew and space flight participants from the industry. ; (6) in subsection (b)(2)— (A) by striking and at the end of subparagraph (A); (B) by inserting and after the semicolon in subparagraph (B); and (C) by adding at the end the following new subparagraph: (C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter; ; and (7) in subsection (b)(3), by striking issue and transfer and inserting issue permits and commercial licenses and transfer. (b) Definitions \nSection 70102 of title 49, United States Code, is amended— (1) by redesignating paragraphs (2) through (17) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (18), (21), and (22), respectively; (2) by inserting after paragraph (1) the following new paragraph: (2) crew means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings. ; (3) in paragraph (4), as so redesignated by paragraph (1) of this subsection, by inserting , crew, or space flight participant after any payload ; (4) in paragraph (6)(A), as so redesignated by paragraph (1) of this subsection, by striking and payload and inserting , payload, crew (including crew training), or space flight participant ; (5) in paragraph (8)(A), as so redesignated by paragraph (1) of this subsection, by inserting or human beings after place a payload ; (6) by inserting after paragraph (10), as so redesignated by paragraph (1) of this subsection, the following new paragraph: (11) except in section 70104(c), permit means an experimental permit issued under section 70105a. ; (7) in paragraph (13), as so redesignated by paragraph (1) of this subsection, by inserting crew, or space flight participants, after and its payload, ; (8) in paragraph (14)(A), as so redesignated by paragraph (1) of this subsection, by striking and its payload inserting and payload, crew (including crew training), or space flight participant ; (9) by inserting after paragraph (16), as so redesignated by paragraph (1) of this subsection, the following new paragraph: (17) space flight participant means an individual, who is not crew, carried within a launch vehicle or reentry vehicle. ; (10) by inserting after paragraph (18), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: (19) unless and until regulations take effect under section 70120(c)(2), suborbital rocket means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent. (20) suborbital trajectory means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth. ; and (11) in paragraph (21), as so redesignated by paragraph (1) of this subsection— (A) by striking or at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; or ; and (C) by adding at the end the following new subparagraph: (E) crew or space flight participants.. (c) Commercial human space flight \n(1) Section 70103(b)(1) of title 49, United States Code, is amended by inserting , including those involving space flight participants after private sector. (2) Section 70103 of title 49, United States Code, is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: (c) Safety \nIn carrying out the responsibilities under subsection (b), the Secretary shall encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans, and the Secretary may, consistent with this chapter, promulgate regulations to carry out this subsection.. (3) Section 70104(a) of title 49, United States Code, is amended— (A) by striking License Requirement.—A license issued or transferred under this chapter and inserting Requirement.—A license issued or transferred under this chapter, or a permit, ; and (B) by inserting after paragraph (4) the following: Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.. (4) Section 70104(b) of title 49, United States Code, is amended by inserting or permit after holder of a license. (5) Section 70104 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Single license or permit \nThe Secretary of Transportation shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew or space flight participants, including launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied.. (6) Section 70105(a) of title 49, United States Code, is amended— (A) in paragraph (1), by striking a license is not issued and inserting the Secretary has not taken action on a license application ; and (B) in paragraph (2), by inserting (including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c)) after or personnel. (7) Section 70105(b)(1) of title 49, United States Code, is amended by inserting or permit after for a license. (8) Section 70105(b)(2)(B) of title 49, United States Code, is amended by striking an additional requirement necessary to protect and inserting any additional requirement necessary to protect. (9) Section 70105(b)(2)(C) of title 49, United States Code, is amended— (A) by inserting or permit after for a license ; and (B) by striking and at the end thereof. (10) Section 70105(b)(2) of title 49, United States Code, is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following new subparagraph: (D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and. (11) Section 70105(b)(2)(E) of title 49, United States Code, as so redesignated by paragraph (11) of this subsection, is amended by inserting or permit after for a license. (12) Section 70105(b)(3) of title 49, United States Code, is amended by adding at the end the following: The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.. (13) Section 70105(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs: (4) The holder of a license or a permit under this chapter may launch or reenter crew only if— (A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary; (B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004 , as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and (C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew. (5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if— (A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 70112(a)(2) and (c); (B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; (C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and (D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6). (6) (A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004. (B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.. (14) Section 70105 of title 49, United States Code, is amended by redesignating subsection (c) as subsection (d), and by adding after subsection (b) the following new subsection: (c) Safety regulations \n(1) The Secretary may issue regulations governing the design or operation of a launch vehicle to protect the health and safety of crew and space flight participants. (2) Regulations issued under this subsection shall— (A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter; (B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire; (C) be limited to restricting or prohibiting design features or operating practices that— (i) have resulted in a serious or fatal injury (as defined in 49 C.F.R. 830, as in effect on November 10, 2004) to crew or space flight participants during a licensed or permitted commercial human space flight; or (ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight that posed a high risk of causing a serious or fatal injury (as defined in 49 C.F.R. 830, as in effect on November 10, 2004) to crew or space flight participants; and (D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C). (3) Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 , the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry. (4) Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regulations to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.. (15) Section 70105(d) of title 49, United States Code, as so redesignated by paragraph (15) of this subsection, is amended by inserting or permit after of a license. (16) Chapter 701 of title 49, is amended by inserting after section 70105 the following new section: 70105a. Experimental permits \n(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 90 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section. (b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit. (c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 70105(b)(2)(C). (d) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for— (1) research and development to test new design concepts, new equipment, or new operating techniques; (2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or (3) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. (e) Permits issued under this section shall— (1) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in subsection (d); and (2) specify the type of modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. (f) Permits shall not be transferable. (g) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design. (h) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. (i) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter— (1) a permit shall be considered a license; (2) the holder of a permit shall be considered a licensee; (3) a vehicle operating under a permit shall be considered to be licensed; and (4) the issuance of a permit shall be considered licensing. This subsection shall not be construed to allow the transfer of a permit.. (17) Section 70106(a) of title 49, United States Code, is amended— (A) by inserting at a site used for crew or space flight participant training, after assemble a launch vehicle or reentry vehicle, ; and (B) by striking section 70104(c) and inserting sections 70104(c), 70105, and 70105a. (18) Section 70107(b) of title 49, United States Code, is amended— (A) by inserting (1) before On the initiative ; and (B) by adding the following new paragraph at the end: (2) The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 70105(c) after the issuance of the license. This paragraph shall not apply to permits.. (19) Section 70107 of title 49, United States Code, is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: (d) Additional suspensions \n(1) The Secretary may suspend a license when a previous launch or reentry under the license has resulted in a serious or fatal injury (as defined in 49 C.F.R. 830, as in effect on November 10, 2004) to crew or space flight participants and the Secretary has determined that continued operations under the license are likely to cause additional serious or fatal injury (as defined in 49 C.F.R. 830, as in effect on November 10, 2004) to crew or space flight participants. (2) Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary— (A) has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or (B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury. (3) This subsection shall not apply to permits.. (20) Section 70110(a)(1) of title 49, United States Code, is amended by inserting or 70105a after 70105(a). (21) Section 70112(b)(2) of title 49, United States Code, is amended— (A) by inserting crew, space flight participants, after transferee, contractors, subcontractors, ; and (B) by inserting or by space flight participants, after its own employees. (22) Section 70113(a)(1) of title 49, United States Code, is amended by inserting but not against a space flight participant, after subcontractor of a customer,. (23) Section 70113(f) of title 49, United States Code, is amended by inserting at the end the following: This section does not apply to permits.. (24) Section 70115(b)(1)(D)(i) of title 49, United States Code, is amended by inserting crew or space flight participant training site, after site of a launch vehicle or reentry vehicle,. (25) Section 70120 of title 49, United States Code, is amended by adding at the end the following new subsections: (c) Amendments \n(1) Not later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004 , the Secretary shall publish proposed regulations to carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital rockets. Not later than 18 months after such date of enactment, the Secretary shall issue final regulations. (2) (A) Starting 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 , the Secretary may issue final regulations changing the definition of suborbital rocket under this chapter. No such regulation may take effect until 180 days after the Secretary has submitted the regulation to the Congress. (B) The Secretary may issue regulations under this paragraph only if the Secretary has determined that the definition in section 70102 does not describe, or will not continue to describe, all appropriate vehicles and only those vehicles. In making that determination, the Secretary shall take into account the evolving nature of the commercial space launch industry. (d) Effective date \n(1) Licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board and permits may be issued by the Secretary prior to the issuance of the regulations described in subsection (c). (2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004 , the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued. (3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.. (26) The table of sections for chapter 701 of title 49, United States Code, is amended by inserting after the item relating to 70105 the following new item: 70105a. Experimental permits.", "id": "H8D201B4A2AC84244A3D673B0E8447C1", "header": "Amendments" }, { "text": "70105a. Experimental permits \n(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 90 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section. (b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit. (c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 70105(b)(2)(C). (d) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for— (1) research and development to test new design concepts, new equipment, or new operating techniques; (2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or (3) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. (e) Permits issued under this section shall— (1) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in subsection (d); and (2) specify the type of modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. (f) Permits shall not be transferable. (g) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design. (h) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. (i) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter— (1) a permit shall be considered a license; (2) the holder of a permit shall be considered a licensee; (3) a vehicle operating under a permit shall be considered to be licensed; and (4) the issuance of a permit shall be considered licensing. This subsection shall not be construed to allow the transfer of a permit.", "id": "HF3D9DB2A40FE40719CABD5543D2C966F", "header": "Experimental permits" }, { "text": "3. Studies \n(a) Risk sharing \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an arrangement with a nonprofit entity for the conduct of an independent comprehensive study of the liability risk sharing regime in the United States for commercial space transportation under section 70113 of title 49, United States Code. To ensure that Congress has a full analysis of the liability risk sharing regime, the study shall assess methods by which the current system could be eliminated, including an estimate of the time required to implement each of the methods assessed. The study shall assess whether any alternative steps would be needed to maintain a viable and competitive United States space transportation industry if the current regime were eliminated. In conducting the assessment under this subsection, input from commercial space transportation insurance experts shall be sought. The study also shall examine liability risk sharing in other nations with commercial launch capability and evaluate the direct and indirect impact that ending this regime would have on the competitiveness of the United States commercial space launch industry in relation to foreign commercial launch providers and on United States assured access to space. (b) Safety \nThe Secretary of Transportation, in consultation with the Administrator of the National Aeronautics and Space Administration, shall enter into an arrangement with a nonprofit entity for a report analyzing safety issues related to launching human beings into space. In designing the study, the Secretary should take into account any recommendations from the Commercial Space Transportation Advisory Committee and the National Aeronautics and Space Administration’s Aerospace Safety Advisory Panel. The report shall be submitted to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science within 4 years of the date of enactment of this Act. The report shall analyze and make recommendations about— (1) the standards of safety and concepts of operation that should guide the regulation of human space flight and whether the standard of safety should vary by class or type of vehicle, the purpose of flight, or other considerations; (2) the effectiveness of the commercial licensing and permitting regime under chapter 701 of title 49, United States Code, particularly in ensuring the safety of the public and of crew and space flight participants during launch, in-space transit, orbit, and reentry, and whether any changes are needed to that chapter; (3) whether there is a need for commercial ground operations for commercial space flight, including provision of launch support, launch and reentry control, mission control, range operations, and communications and telemetry operations through all phases of flight, and if such operations developed, whether and how they should be regulated; (4) whether expendable and reusable launch and reentry vehicles should be regulated differently from each other, and whether either of those vehicles should be regulated differently when carrying human beings; (5) whether the Federal Government should separate the promotion of human space flight from the regulation of such activity; (6) how third parties could be used to evaluate the qualification and acceptance of new human space flight vehicles prior to their operation; (7) how nongovernment experts could participate more fully in setting standards and developing regulations concerning human space flight safety; and (8) whether the Federal Government should regulate the extent of foreign ownership or control of human space flight companies operating or incorporated in the United States.", "id": "H08CC16FBBD284A4B87AEFBC1C52B42DE", "header": "Studies" }, { "text": "4. Technical amendment \nSection 102(c) of the Commercial Space Act of 1998 is repealed.", "id": "H8304C9102E8243418044C805727D5858", "header": "Technical amendment" } ]