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[ { "text": "1. Short title \nThis Act may be cited as the Constantine Menges Ukraine Democracy and Fair Elections Act of 2004.", "id": "H40B3555AE08A4F9D83C3108DB7342862", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The United States supports the promotion of democracy, free, fair, and transparent elections, and respect for human rights and the rule of law in Ukraine consistent with the commitments of Ukraine as a member country of the Organization for Security and Cooperation in Europe (OSCE). (2) The United States has a vital interest in the independence and sovereignty of Ukraine and in its successful integration into the European community of democracies. (3) Elections conducted by the Government of Ukraine during the past ten years have not satisfied the criteria established for free, fair, and transparent elections consistent with OSCE and European democratic standards. (4) Georgiy Gongadze, Igor Alexandrov, and other independent journalists in Ukraine who supported democracy and published critical reports concerning governmental actions have been murdered or have disappeared and are presumed dead. (5) Former government officials of Ukraine have made credible allegations and produced evidence that top officials of the current government were involved in the disappearances. (6) The current Government of Ukraine, led by President Leonid D. Kuchma and Prime Minister Viktor Yanukovych— (A) systematically harasses and represses independent media and independent trade unions and journalists; (B) actively suppresses freedom of speech and expression and encourages a virtual blackout on national television stations of the main democratic opposition candidate; (C) uses police to block the transit by land of opposition candidates and refuses access for the airplane of the opposition candidates to land at city airports for campaign appearances; (D) uses state and city dump trucks and bulldozers to block access of voters to city squares for appearances by opposition candidates; (E) denies access of opposition candidates to rent government-owned auditoriums and public places for meetings with voters; and (F) denies postal service delivery of opposition campaign literature. (7) In spite of current and past statements by President Kuchma and Prime Minister Yanukovych that the up-coming presidential election will be free, fair, and transparent with an honest ballot count, the presidential election of October 1999, the national referendum of 2000, the parliamentary election of March 2002, and recent by-elections to Parliament and city mayoral races, including the mayoral race in Mukachevo in spring 2004, were determined by OSCE and other local and international observers to be fundamentally unfair. (8) These elections failed to meet OSCE standards for democratic elections as formulated in the 1990 Copenhagen Document, and were marred by significant abusive and illegal misconduct that was publicly approved at the highest levels of the government, including— (A) the harassment, arrest, and false disqualification of opposition candidates; (B) the arrest and beating by the police of members of Parliament who were acting as official precinct election observers; (C) the denial of equal and fair access by opposition candidates to the state-controlled television, radio, and print media, and the denial of the use of the postal system for sending opposition campaign mail to voters; (D) the seizure of equipment and property of independent nongovernmental organizations, radio stations, and press organizations and the harassment of their staff and management, causing several individuals to flee to foreign countries for their safety; (E) the implementation of voting and vote counting procedures that were neither transparent nor legal; and (F) the implementation of a campaign of intimidation directed against opposition activists, domestic election observer organizations, and opposition and independent media, including denying newsprint and access to printing plants to the independent media. (9) Dr. Constantine Menges, who died in July 2004, served as a senior official on the National Security Council under President Ronald Reagan and was a staunch anti-Communist, a friend of the peoples of Eastern European countries, and particularly supportive of Ukrainian independence.", "id": "HECC32D5C99C24288831529EEB6CFDCD1", "header": "Findings" }, { "text": "3. Declaration of policy \nCongress— (1) expresses its support for individuals and organizations in Ukraine that promote— (A) democracy, free, fair, and transparent elections, and respect for human rights and the rule of law in Ukraine; and (B) the integration of Ukraine into the European community of democracies; (2) expresses it grave concern over the murders and disappearances of independent journalists in Ukraine like Georgiy Gongadze, Igor Alexandrov, and others; (3) calls upon the President Kuchma and Prime Minister Yanukovych to cease persecution of political opponents and independent journalists and to cease harassment of individuals who try to exercise their rights to freedom of speech, expression, assembly, and association; (4) calls upon President Kuchma and Prime Minister Yanukovych to end the pattern of clear, gross, and uncorrected violations of relevant OSCE human dimension commitments and to respect the basic freedoms of speech, expression, assembly, and association; and (5) calls upon the Government of Ukraine to resolve the continuing constitutional and political crisis by assuring— (A) a free, fair, and transparent presidential election in 2004; (B) meaningful access by the political opposition to state-controlled media, including access to newsprint and printing plants; (C) full and uninterrupted access for the political opposition to postal delivery services; (D) unimpeded access by the political opposition to public auditoriums and other areas for gathering and meeting with voters; (E) unimpeded transit by road and air for opposition candidates; (F) modification of the electoral code in keeping with OSCE commitments; and (G) full freedom for international observers to monitor the election and ballot counting at local, regional, and national levels.", "id": "H82E14D7FDADC47C49ECEF5A3BC419653", "header": "Declaration of policy" }, { "text": "4. Sense of Congress regarding multilateral cooperation concerning Ukraine \nIt is the sense of Congress that the President should coordinate with other countries, particularly European countries, to formulate and implement a comprehensive and multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to Ukraine that are similar to the measures described in this Act.", "id": "HB3D0B4E842944FB98F56F5C353D0B676", "header": "Sense of Congress regarding multilateral cooperation concerning Ukraine" }, { "text": "5. Sanctions against the Government of Ukraine \n(a) Application and timing of sanctions \nUntil the President makes the determination that Ukraine meets all the requirements specified in subsection (b) and certifies such determination to the appropriate congressional committees, the President shall direct that the sanctions described in subsection (c) shall apply immediately with respect to Ukraine. (b) Certification \nA certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the president that the following has occurred with respect to Ukraine: (1) The implementation of free, fair, and transparent elections for president and Parliament fully consistent with OSCE standards for democratic elections and in cooperation with relevant OSCE and Council of Europe institutions. (2) The cessation of all forms of harassment and repression against the media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition. (3) The withdrawal and cessation of politically motivated legal charges against opposition figures and independent journalists. (c) Sanctions described \n(1) Denial of entry into United States \nThe President shall direct the Secretary of Homeland Security to deny entry under section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) to the United States of any alien who— (A) is a senior government official in the current government of Ukraine; or (B) is a spouse, minor child, or agent of such an alien. (2) Seizure of assets in United States \nThe President shall direct the Office of Foreign Assets Control of the Department of the Treasury to identify and seize the personal assets or personal financial accounts in the United States obtained by improper or illicit means of any alien who— (A) is a senior government official in the current government of Ukraine; or (B) is a spouse, minor child, or agent of such an alien. (3) Prohibitions on loans and investment \nThe President shall direct that— (A) no loan, credit guarantee, insurance, financing, or other similar financial assistance is provided on or after the date of the enactment of this Act by any agency of the United States, including by the Export-Import Bank of the United States and the Overseas Private Investment Corporation, to the Government of Ukraine (except with respect to the provision of humanitarian goods and agricultural or medical products); and (B) no funds made available to the Trade and Development Agency may be made available on or after the date of the enactment of this Act for any activity or project of the Agency in or for Ukraine. (4) International financial institutions \nThe President shall direct the Secretary of the Treasury to instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by each such institution of any loan or financial or technical assistance or grant to the Government of Ukraine (except for loans and assistance that serve humanitarian needs). (d) Waiver \n(1) In general \nThe President may waive the application of subsection (c)(1), (c)(2), (c)(3), or (c)(4), or any combination of such subsections, if the President determines— (A) that it is in the national security interest of the United States to do so; (B) that a new president is elected in Ukraine in November 2004 who— (i) has corrected the abuses and election irregularities outlined under section 2; and (ii) has pledged to conduct a free, fair, and transparent election in the parliamentary election scheduled for March 2006; or (C) that in the case of the application any such subsection or combination of such subsections to an individual, such individual was not directly or indirectly involved in any of the abuses or election irregularities outlined under section 2. (2) Certification \nIf the President exercises the waiver under paragraph (1), the President shall submit to the appropriate congressional committees a report containing the reasons for such waiver.", "id": "H702F55284BFB45B79B33BCAF828671B", "header": "Sanctions against the Government of Ukraine" }, { "text": "6. Reports \n(a) Dates for submission \nNot later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report containing the information required by subsection (b). In the case of the second and all subsequent reports, each such report shall contain such information with respect to the preceding 12-month period. (b) Contents \nThe reports required by subsection (a) shall contain information regarding the following: (1) The personal assets and bank accounts of the current president, prime minister and other senior government officials of the Government of Ukraine that are located in the United States or other country, and, if such assets and accounts are determined to have been acquired through improper or illicit means, any actions the United States has taken to investigate and seize such assets and accounts and encourage such other country to take similar action. (2) The sale or delivery of weapons or weapons-related technologies from Ukraine to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405 (j)(1)), has repeatedly provided support for acts of international terrorism. (3) An identification of each country described in paragraph (2) and a detailed description of the weapons or weapons-related technologies involved in such sale. (4) An identification of the goods, services, credits, or other consideration received by Ukraine in exchange for the weapons or weapons-related technologies involved in such sale. (c) Form \nA report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex.", "id": "HA1387B28F0E64E5BB1A88ED14D58CADB", "header": "Reports" }, { "text": "7. 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) Senior government official \nThe term senior government official means, with respect to Ukraine— (A) the president, prime minister, deputy prime ministers, government ministers; chairmen and members of state committees, including the Central Election Commission and regional and local election commissions, members of the Presidential Administration, members of Parliament; and the heads of the Security Services, State Tax Administration, and the State Customs Services; (B) any official of the Government of Ukraine who is personally involved in the suppression of freedom and free, fair, and transparent elections in Ukraine, including judges, law enforcement personnel, prosecutors, regional governors, mayors, and administrators; and (C) any other individual determined by the Secretary of State to be personally involved in the formulation or execution of policies or activities that are in contradiction of internationally recognized human rights and free, fair, and transparent elections standards.", "id": "HB15321194BCC4C26A77D41A1F5E53DE5", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Coral Reef Conservation and Protection Act of 2004.", "id": "H059B39B39C7642DCAA4C2B12DD002EAF", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) Coral reefs and coral reef ecosystems are the marine equivalent of tropical rain forests, containing some of the richest biological diversity, habitats, and systems on Earth and supporting thousands of fish, invertebrates, algae, plankton, sea grasses, and other species. (2) Coral reefs and coral reef ecosystems have great commercial, recreational, cultural, and aesthetic value to human communities as shoreline protection, areas of natural beauty, and sources of food, jobs, and pharmaceuticals, and are the focus of a wide variety of activities, including education, research, recreation, tourism, and fishing. (3) Studies indicate that coral reef ecosystems in the United States and around the world are being degraded and severely threatened by human activities including land-based pollution, overfishing, destructive fishing practices, coastal development, vessel groundings, and climate change. (4) Executive Order 13089 created the United States Coral Reef Task Force, which is chaired by the Secretary of the Interior and the Secretary of Commerce, to develop measures necessary to reduce and mitigate coral reef ecosystem degradation and to restore damaged coral reefs, assess the United States’ role in international trade and protection of coral reef species, and implement appropriate strategies and actions to promote conservation and sustainable use of coral reef resources. (5) International trade in coral, other reef invertebrates, reef fish, live rock, and other coral products contributes to the decline and degradation of reefs, primarily through the use of destructive collection practices, overexploitation of resources, loss of reef habitat, and introduction of non-indigenous species, invasive species, and pathogens. (6) The United States is the largest importer of live coral, live rock, and marine fish for the aquarium trade and of coral skeletons and precious corals for souvenirs and jewelry. (7) The harvest of live coral and wild live rock is of special concern because it removes essential components of reef habitats, increases erosion, and damages critical fisheries habitats. (8) More than half of the fish imported into the United States for the marine aquarium market are estimated to be captured with the use of cyanide and other poisons which kill other coral reef species and the corals that form the reef framework, and these destructive fishing practices are becoming increasingly common in other countries to meet the growing worldwide demand for ornamental fish and live food fish. (9) As many as 1/3 to 1/2 of the aquarium fish imported from Southeast Asia die shortly after arriving in the United States due to stress associated with handling and transport and the use of cyanide during capture, and such high mortality rates lead to continued pressure for extraction from the wild to maintain public and private collections. (10) The United States, as the world’s largest importer of coral reef species and products and as a party to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), should play a substantial role in conserving and restoring coral reef ecosystems, including assisting other countries in developing and implementing coral reef conservation programs and ensuring that the market in the United States for coral reef species and products does not contribute to the detriment of the survival of the species in the wild or to the detriment of coral reef ecosystems. (11) The United States should also exercise leadership in moving from a species-based sustainable management approach to an ecosystem-based approach. (b) Purpose \nThe purpose of this Act is to provide a series of nondiscriminatory measures which are necessary for the conservation of coral reef species and further the obligations of the United States under CITES.", "id": "HE3A43B328D2D4465B842F774D1D66129", "header": "Findings and purpose" }, { "text": "3. Prohibition on taking, importing, exporting, and transporting certain coral reef species \n(a) In general \nSubject to section 4, it is unlawful for any person to— (1) take any covered coral reef species within waters under the jurisdiction of the United States; (2) import into or export from the United States any covered coral reef species; (3) possess, sell, purchase, deliver, carry, transport, or receive in interstate or foreign commerce any covered coral reef species taken or imported in violation of paragraphs (1) or (2); or (4) attempt to commit any act described in paragraphs (1) through (3). (b) Covered coral reef species \n(1) In general \nFor the purposes of this Act, the term covered coral reef species means— (A) any species of coral or ornamental reef fish; (B) any coral reef species listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as of the effective date of this Act; (C) any coral reef species added to Appendix II of CITES after the effective date of this Act, unless the Secretary of the Interior, in consultation with the Secretary of Commerce, finds before the expiration of the 90-day period which begins on the effective date of the inclusion of such species in Appendix II that the take, import, and export of such species do not represent a substantial risk of harm to the sustainability of such species and its coral reef ecosystem; or (D) any other coral reef species (excluding any finfish, mollusk, crustacean, or other animal or plant species taken for human consumption) the take, import, or export of which the Secretary of the Interior and the Secretary of Commerce have determined, after notice and opportunity for public comment— (i) presents a substantial risk of harm to the sustainability of such species or of its coral reef ecosystem; or (ii) results in high mortality rates for individuals of that species due to poor survivorship in transport or captivity. (2) Removal of a species from definition \n(A) In general \nA species may be removed from the definition of covered coral reef species under paragraphs (1)(B) through (D), if the Secretary of the Interior determines that the take, import, and export of such species do not represent a substantial risk of harm to the sustainability of that species and of its coral reef ecosystem. (B) Role of Secretary of Commerce \nIn carrying out subparagraph (A), the Secretary of the Interior shall consult with the Secretary of the Commerce with respect to a covered coral reef species under paragraph (1)(B) or (1)(C), and act jointly with the Secretary of the Interior with respect to a covered coral reef species under paragraph (1)(D). (c) Effective date \nThis section shall take effect upon the expiration of the 1-year period which begins on the date of the enactment of this Act.", "id": "H8A5F5FE70078479CBC4F75AC00EDDC4", "header": "Prohibition on taking, importing, exporting, and transporting certain coral reef species" }, { "text": "4. Exceptions \n(a) In general \n(1) Scientifically-based management plans \n(A) Exception \nSection 3 shall not apply with respect to a covered coral reef species if such species was taken in accordance with a qualified scientifically-based management plan. (B) Qualification of plan \nFor purposes of this subsection, a scientifically-based management plan is qualified if the appropriate Secretary determines that the plan— (i) provides for the conservation of a covered coral reef species and its habitat; (ii) provides that a covered coral reef species is taken in such a manner and in such quantities so as not to threaten the biological sustainability of that species or its role in the ecosystem and so as to minimize the adverse impact of the take on the coral reef; (iii) addresses factors relevant to the conservation of a covered coral reef species, which may include illegal trade, domestic trade, subsistence use, disease, habitat loss, and cumulative effects of the take on the coral reef species; and (iv) prohibits the use of the destructive collection practices described in subsection (b)(2). (C) Appropriate Secretary \nFor purposes of this paragraph, the term appropriate Secretary means— (i) the Secretary of Commerce with respect to domestic plans; (ii) the Secretary of Commerce and the Secretary of the Interior with respect to foreign plans; or (iii) the Secretary with jurisdiction over the waters in which the plan is located with respect to plans located in waters within the Exclusive Economic Zone (as defined under section (3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 )). (2) Cooperative breeding programs \n(A) Exception \nSection 3 shall not apply with respect to a covered coral reef species if such species is a product of a qualified cooperative breeding program. (B) Qualification of program \nFor purposes of this subsection, a cooperative breeding program is qualified if the Secretary of Commerce, in the case of domestic programs, or the Secretary of Commerce and the Secretary of the Interior, in the case of foreign programs, determines that the program is— (i) designed to promote the conservation of covered coral reef species and maintain such species in the wild by enhancing the propagation and survival of such species; and (ii) developed and administered by, or in conjunction with, an aquarium, conservation, or zoological organization which meets standards established by the appropriate Secretary. (3) Aquaculture and mariculture facilities \n(A) Exception \nSection 3 shall not apply with respect to a covered coral reef species if such species is a product of a qualified aquaculture or mariculture facility. (B) Qualification of facility \nFor purposes of this subsection, an aquaculture or mariculture facility is qualified if the Secretary of Commerce, in the case of domestic facilities, or the Secretary of Commerce and the Secretary of the Interior, in the case of foreign facilities, determines that the facility— (i) demonstrates the capability to produce sufficient captive covered coral reef species in the numbers to be traded from that facility; (ii) operates in a manner which is not detrimental to the conservation of the species in the wild; (iii) operates in a manner which does not harm existing ecosystems, such as by introducing non-indigenous species or pathogens; and (iv) operates with sufficient safeguards so as to prevent the escape of captive species and their eggs, larvae, young, fragments, and other organs of propagation. (4) Scientific, museum, or zoological purposes \nSection 3 shall not apply with respect to a covered coral reef species taken pursuant to authorization by the Secretary of Commerce, or imported or exported pursuant to authorization by the Secretary of the Interior for scientific purposes, museum purposes, or zoological breeding or display. (5) Incidental takes \nSection 3 shall not apply with respect to a covered coral reef species taken incidentally, if such incidental takes are exempted by the Secretary of the Interior and the Secretary of Commerce by regulation. (6) Subsistence \nSection 3 shall not apply with respect to a covered coral reef species taken for personal consumption by an individual, if the taking is customary, traditional, or necessary for the subsistence of the individual or the individual’s family. (b) No exception for species taken using destructive collection practices \n(1) In general \nNo exception shall be allowed under subsection (a) with respect to a covered coral reef species that was— (A) taken in waters under the jurisdiction of the United States using any destructive collection practice; or (B) imported or exported without a certification by the importer or exporter that the covered coral reef species to be imported or exported was not taken through the use of any destructive collection practice. (2) Destructive collection practices \nFor the purposes of this Act, destructive collection practice means any practice used in the take of coral reef species which includes any of the following: (A) Reef-dredging. (B) Explosives. (C) Poisons. (D) Any other destructive collection practice identified by the Secretary of Commerce by regulation, in consultation with the Secretary of the Interior and the advisory group described in section 6(b). (3) Presence of poisons \nFor the purposes of this Act, the presence of cyanide, any other poison, or any metabolite associated with any such poison in a coral reef species shall constitute evidence that poison was used in the take of the coral reef species.", "id": "HFBD2EE5C650B49AFB95229108C350804", "header": "Exceptions" }, { "text": "5. Consultation regarding protection of coral reef species \nThe Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of the Interior, and the Secretary of Commerce, may initiate consultations with foreign governments which are engaged in, or whose citizens include persons engaged in, commercial operations which take coral reef species, for the purpose of— (1) encouraging the protection of coral reef species through building consensus on standards for, and implementation of, sustainable management plans; and (2) taking steps to eliminate of the use of the destructive collection practices described in section 4(b)(2).", "id": "HE7B0607976F54B0AAF27C9DF5F28DFA9", "header": "Consultation regarding protection of coral reef species" }, { "text": "6. Coordination regarding conservation of coral reef ecosystems \n(a) Coral Reef Task Force \nIn carrying out this Act, the Secretary of the Interior and the Secretary of Commerce shall coordinate with members of the Coral Reef Task Force for the conservation and sustainable management of coral reef ecosystems. (b) Advisory group \n(1) In general \nThe Secretary of the Interior and the Secretary of Commerce shall convene an advisory group consisting of individuals representing public and private organizations affected by this Act, including persons involved in the conservation of coral reef ecosystems, the harvest and trade of coral reef species, and the operation of cooperative breeding programs and aquaculture and mariculture facilities for the propagation of coral reef species, and representatives of Federal agencies, states, and territories, which are represented on the Coral Reef Task Force. (2) Development of guidelines, strategy, and criteria \nBefore the expiration of the 1-year period which begins on the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Commerce, in consultation with the advisory group, shall develop— (A) criteria and indicators for the conservation and sustainable management of coral reef ecosystems; (B) a coordinated national strategy for conservation and sustainable management of coral reef species and ecosystems based on the criteria and indicators developed under subparagraph (A); and (C) guidelines for the capture, commercial transport, and handling of coral reef species which would improve their rates of survival. (c) International cooperation \nThe Secretary of State and the Administrator of the United States Agency for International Development, in coordination with the heads of other appropriate departments and agencies, shall utilize their authorities to further the purposes of this Act by encouraging policies and implementing programs to promote the conservation and sustainable management of coral reef ecosystems in other parts of the world, by such means as multilateral negotiations, participation in various international fora, bilateral assistance, and capacity building.", "id": "H991668E4CEF347B98F6E1D08B613861F", "header": "Coordination regarding conservation of coral reef ecosystems" }, { "text": "7. Enforcement \n(a) Civil money penalties \n(1) In general \nThe Secretary of the Interior or the Secretary of Commerce, upon finding a violation of section 3, may require the person responsible for such violation to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Secretary, but which does not exceed $25,000 for each violation, and which takes into account— (A) the nature of the violation involved; (B) the revenues of the person; (C) previous violations of section 3 by the person; and (D) such other factors as the Secretary considers appropriate. (2) Notice and opportunity for hearing \nThe Secretary of the Interior or the Secretary of Commerce may not make any determination adverse to a person under subsection (a) until such person has been given written notice and an opportunity to be heard before the Secretary or designee. (b) Declaratory or injunctive relief \nThe Attorney General may bring a civil action in an appropriate United States district court seeking declaratory or injunctive relief for any alleged violation of sections 3. (c) Criminal penalties \n(1) In general \nAny person who knowingly violates section 3 shall be fined in accordance with title 18, United States Code, imprisoned for not more than 6 months, or both. (2) Persons engaged in business \nAny person engaged in business as an importer or exporter of coral reef species who knowingly violates section 3 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 2 years, or both. (3) False statements in certifications \nAny person who knowingly makes, causes to be made, or submits any false material statement or representation in a certification under section 4(b)(1)(B) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 2 years, or both, and may also be prohibited from importing or exporting any coral reef species. (d) Rewards and incidental expenses \n(1) In general \nThe Secretary of the Interior or the Secretary of Commerce may pay, from sums received as penalties, fines, or forfeitures of property for violations of section 3— (A) a reward to any person who furnishes information which leads to an arrest, criminal conviction, civil penalty assessment, or forfeiture of property for any violation of section 3; and (B) the reasonable and necessary costs incurred by any person in providing temporary care for any coral reef species pending the disposition of any civil or criminal proceeding alleging a violation of section 3. (2) Amount of reward \nThe amount of a reward paid under this subsection shall be designated by the Secretary of the Interior or the Secretary of Commerce. (3) Ineligibility of government officials \nAny officer or employee of the United States or any State or local government who furnishes information or renders service in the performance of his official duties is ineligible to receive a reward under this subsection. (e) Executive branch enforcement \n(1) Searches and seizures \n(A) In general \nAny person authorized by the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating may search and seize any coral reef species taken, imported, exported, possessed, sold, delivered, carried, transported, or received in violation of section 3, with or without a warrant, as authorized by law. (B) Seized coral reef species \nAny coral reef species seized under subparagraph (A) shall be held by any person so authorized pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such coral reef species pursuant to paragraph (3), except that the appropriate Secretary may, in lieu of holding such species, permit the owner or consignee to post a bond or other surety satisfactory to the Secretary, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this Act, as the Secretary shall by regulation prescribe. (2) Citations \nIf any officer authorized to enforce the provisions of this Act finds that a person has violated section 3, such officer may, in accordance with regulations issued by the Secretary of Commerce, Secretary of the Interior, and the Secretary of the department in which the Coast Guard is operating, issue a citation to the violator. (3) Forfeiture \n(A) Coral reef species \nAll coral reef species taken, imported, exported, possessed, sold, delivered, carried, transported, or received in violation of section 3 shall be subject to forfeiture to the United States. (B) Equipment used in unlawful practices \nAll guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the take, importing, exporting, possessing, selling, purchasing, delivering, carrying, transporting, or receiving of any coral reef species in violation of section 3, shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to subsections (b)(1) or (b)(2). (4) Other provisions of law \nAny provision of law relating to the seizure, forfeiture, and condemnation of a vessel for violation a customs law, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to any seizure or forfeiture incurred or allegedly incurred under this Act, insofar as such provision of law is applicable and not inconsistent with the provisions of this Act, except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Department of the Treasury shall, for the purposes of this Act, be exercised or performed by the Secretary of Commerce or by such persons as the Secretary may designate. (f) Citizen actions \n(1) In general \nExcept as provided in paragraph (2), any person may commence a civil action to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the 11th Amendment to the Constitution), who is alleged to be in violation of section 3. (2) Jurisdiction of district courts \nThe United States District Court for the judicial district in which the alleged violation occurs shall have jurisdiction in all actions brought under this subsection, without regard for the amount in controversy or the citizenship of the parties. (3) Intervention by Attorney General \nIn any such action under this subsection in which the United States is not a party, the Attorney General may intervene on behalf of the United States as a matter of right. (4) Exceptions \nNo action may be commenced under this subsection— (A) prior to 60 days after written notice of the violation has been given to the Secretary of the Interior and the Secretary of Commerce, and to any alleged violator of any such provision or regulation; or (B) if the Secretary of the Interior, the Secretary of Commerce, or the Attorney General has initiated an enforcement action under this section. (5) Recovery of court costs \nIn any action brought pursuant to paragraph (1), the court may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (6) Relief under other laws \nThe injunctive relief provided by this subsection shall not restrict any right which any person may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief. (g) American Samoa \nFor the purposes of any action brought under this Act, American Samoa shall be included within the judicial district of the United States District Court for the District of Hawaii.", "id": "H0F04BFF0DE9245439F7C1220D23048C5", "header": "Enforcement" }, { "text": "8. Regulations \n(a) In general \nBefore the expiration of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Commerce shall promulgate such regulations as they deem necessary and appropriate to carry out the purposes of this Act. (b) Enforcement regulations \nThe Secretary of the Interior, the Secretary of Commerce, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, are authorized to promulgate such regulations as may be appropriate to enforce this Act, and charge reasonable fees for expenses connected with reviewing certificates authorized by this Act, including processing applications and reasonable inspections, and with the transfer, board, handling, or storage of coral reef species and evidentiary items seized and forfeited under this Act. Any such fees collected pursuant to this subsection shall be deposited in the Treasury to the credit of the appropriation which is current and chargeable for the cost of furnishing the services. Appropriated funds may be expended pending reimbursement from parties in interest.", "id": "H6B38B511D0114C5B00212F96C75FAFFA", "header": "Regulations" }, { "text": "9. Relationship to State laws \nNothing in this Act shall be construed or interpreted as preempting any State from imposing any more restrictive requirement regarding any coral reef species, so long as such requirement is consistent with the international obligations of the United States and this Act.", "id": "HE50BAC917B4C44FA96A2C9B6E52BEBD", "header": "Relationship to State laws" }, { "text": "10. Relationship to Federal fishery management plans \nNothing in this Act shall be construed or interpreted as preempting any fishery management plan developed under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) that contains management measures more restrictive than those required by this Act.", "id": "H1AF84AFBB36B4BD8A47815655576E3F2", "header": "Relationship to Federal fishery management plans" }, { "text": "11. Definitions \nIn this Act, the following definitions apply: (1) The term coral means any living or dead specimens, parts or derivatives, or any product containing specimens, parts or derivatives of any species of the phylum Cnidaria, including— (A) all species of black corals (Antipatharia), stony corals (Scleractinia), soft corals (Alcyonacea), horny corals (Gorgonacea), organ pipe corals (Stolonifera), blue corals (Coenothecalia), anemones (Actiniaria), coralliomorphs (Coralliomorpharia), and zooanthids (Zoanthidea) of the class Anthozoa; and (B) all species of the fire corals (Milleporina) and lace corals (Stylasterina) of the class Hydrozoa. (2) The term coral reef means any reef, shoal, or other natural feature composed in part of the solid skeletal structures in which corals are major framework constituents. (3) The term coral reef ecosystem means the interacting complex of species (including reef plants of the phyla Chlorophyta, Phaeophyta, and Rhodophyta) and nonliving variables associated with coral reefs and their habitats which function as an ecological unit in nature and which are mutually dependent on this function to survive. (4) The term coral reef species means— (A) any species of plant or animal, including algae, seagrasses, invertebrates and vertebrates that live in, on, or near coral reefs and are directly dependent on the coral reef ecosystem for feeding, reproduction or growth, but does not include mammals, reptiles, or birds; and (B) products derived from coral, such as live rock, coral substrate, and coral rock. (5) The term foreign commerce includes any transaction between persons within one foreign country, between persons in 2 or more foreign countries, between a person within the United States and a person in a foreign country, or between persons within the United States, where the coral reef species in question is moving in any country or countries outside the United States. (6) The term import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the custom laws of the United States. (7) The term live rock means any hard substrate derived from coral which is grown in the wild and which is attached to and supporting any species covered under paragraph (4)(A), and includes coral rock and coral substrate. (8) The term ornamental reef fish means any finfish collected commercially for the aquarium and curio trade, but does not include any fish taken for human consumption. (9) The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (10) The term take means to capture, catch, collect or harvest coral reef species by any means. (11) The term United States includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory or possession of the United States that contains coral within its jurisdiction. (12) The term waters under the jurisdiction of the United States means the belt of seas extending to a distance of 200 nautical miles measured from the baseline from which the breadth of the territorial sea of the United States is measured, except where that distance is modified by maritime boundary agreements to which the United States is a party.", "id": "H7090E738DD3343C1A88B71B03CE4DD12", "header": "Definitions" }, { "text": "12. Authorization of appropriations \nThere is authorized to be appropriated to carry out the provisions of this Act, for each of fiscal years 2006 through 2010— (1) for the Secretary of the Interior, $5,000,000; (2) for the Secretary of Commerce, $3,000,000; and (3) for the Secretary of State, $500,000.", "id": "H44B358D0F4F04081A609005CD96C084F", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Voter Protection Act of 2004.", "id": "H3049AC9D7A4C4530BE3C75001B06A5D7", "header": "Short title" }, { "text": "2. Voter protection \n(a) In general \nChapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Interfering with voting through misrepresentation \nWhoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: 249. Interfering with voting through misrepresentation.", "id": "H0A7F1E24187B4E99BEEBF1EAE888542", "header": "Voter protection" }, { "text": "249. Interfering with voting through misrepresentation \nWhoever willfully provides misleading or fraudulent information to an individual and thereby interferes with that individual’s voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election, shall be fined under this title or imprisoned not more than one year, or both.", "id": "HD363B358A6914ED99E5F35F3D2D70C0", "header": "Interfering with voting through misrepresentation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the New Shipper Review Amendment Act of 2004.", "id": "HFF530517F5C148089944FDD04DA4650", "header": "Short title" }, { "text": "2. Repeal of new shipper bonding privileges \nSection 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B) ) is amended— (1) by striking clause (iii); and (2) by redesignating clause (iv) as clause (iii).", "id": "H3269FA35A3454C68B6C83786990416CC", "header": "Repeal of new shipper bonding privileges" } ]

[ { "text": "1. Improved Distribution of Construction Payments \nSection 8007(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(a) ) is amended— (1) in paragraph (1), by striking 40 percent and inserting 80 percent ; (2) in subparagraphs (A) and (B) of paragraph (2), by striking 50 percent each place it appears and inserting 40 percent ; (3) in paragraph (2) by adding at the end the following new subparagraphs: (C) The agency is eligible under section 8003(b)(2). (D) The agency is eligible under Section 8003(a)(2)(C). ; and (4) by striking paragraph (3) and inserting the following: (3) Amount of Payments \nThe amount of a payment to each local educational agency described in this subsection for a fiscal year shall be— (A) not less than the greater of the amount appropriated as provided under paragraph (1) for such fiscal year; divided by— (i) the number of children determined under subparagraphs (B), (C), and (D)(i) of section 8003(a)(1) who were in average daily attendance for all local educational agencies described in paragraph (2), including the number of children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the fiscal year; multiplied by (ii) the number of children determined for such agency; or (B) $25,000..", "id": "HFAE6B60D9E714336A42BCFF3C0E3A5F3", "header": "Improved Distribution of Construction Payments" }, { "text": "2. Competitive Emergency And Modernization Grants \nSection 8007(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b) ) is amended— (1) in paragraph (1) by striking 60 percent and inserting 20 percent ; (2) in paragraph (3)(C)(i)(I) by striking the agency meets at least one and all that follows, and inserting the number of children determined under section 8003(a)(1)(C) for the agency for the preceding school year constituted at least 40 percent of the total student enrollment in the schools of the agency during the preceding school year. ; (3) by striking paragraph (3)(D)(ii)(II) and inserting the following: (II) The number of children determined under section 8003(a)(1)(C) for the school for the preceding school year constituted at least 40 percent of the total student enrollment in the school during the preceding school year. ; and (4) in paragraph (4)(C) by striking (B), (C), and (D) and inserting and (C).", "id": "H374C62486FEA45DB8F19565551037405", "header": "Competitive Emergency And Modernization Grants" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Josie King Act of 2004 or the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004.", "id": "H0EFE86B619DA47C2AD2E077BA0B2BBE9", "header": "Short title" }, { "text": "2. Definition \nFor purposes of this Act, the term Secretary means the Secretary of Health and Human Services.", "id": "H9C84910A943842E1AD8D56CF522358AD", "header": "Definition" }, { "text": "3. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Definition Sec. 3. Table of contents Title I—National Health Information Infrastructure Sec. 101. Purpose Sec. 102. Health information technology grants Sec. 103. Standards for interoperability of health information technology systems Sec. 104. Loans Sec. 105. Safe harbor for equipment and services provided for the development or implementation of a health information infrastructure Sec. 106. Exception to medicare limitations on physician self-referral Sec. 107. Adjustments to medicare payments to providers of service and suppliers participating in health information exchanges Sec. 108. Medicaid payments for information infrastructure for health information exchange and information technology Sec. 109. Definitions Title II—Health Care Outcomes, Best Practices, and Efficiency Sec. 201. Research on Outcomes of Health Care Items and Services Sec. 202. Consortium for Health Outcomes Research Priorities Sec. 203. Center for Clinical Decision-Support Technology Sec. 204. Scholarships for study in health care quality and patient safety Sec. 205. Standardized measures of health care provider performance Sec. 206. Definitions Title III—Incentives for health care quality Sec. 301. Access to medicare health care claims databases Sec. 302. Incorporation of measures of health care practitioner performance in Federal programs Sec. 303. Interim claims-based practitioner performance database Sec. 304. Clinical-based practitioner performance database Sec. 305. Availability of performance measurements and data Sec. 306. Use of health care provider performances measure for pay for performance Sec. 307. Study comparing practitioner performance database Sec. 308. Regulations on auditing Sec. 309. AHRQ access to practitioner performance databases", "id": "H889E7451854D49A3B9CA8324C8C1006C", "header": "Table of contents" }, { "text": "101. Purpose \nThe Secretary of Health and Human Services shall implement this title with a view to developing a national health information infrastructure.", "id": "H22E95A0016464D8496EC107BD36548F", "header": "Purpose" }, { "text": "102. Health information technology grants \n(a) Phase I grants \n(1) Grants \nThe Secretary may make not more than 20 grants to health information infrastructure organizations to enable each grantee to develop and implement over a 4-year period a community health information technology plan that provides for a health information exchange to serve a geographic area in 1 or more States. (2) Use of funds \nThe Secretary may not make a grant to a health information infrastructure organization under this section unless the organization agrees to use the grant— (A) in the first year of the grant, to develop a community health information technology plan described in paragraph (3) for submission to the Secretary under paragraph (4); and (B) in each year of the grant, but not later than the second year of the grant, to implement a health information infrastructure, including a health information exchange, in accordance with the plan. (3) Community health information technology plan \n(A) In general \nA community health information technology plan shall provide for the establishment and implementation in a specified geographic area of a health information infrastructure that— (i) includes a health information exchange that allows the seamless, secure, electronic sharing of health information among health care providers and other authorized users; (ii) provides consumers with secure, electronic access to their own health information; (iii) meets data standards for interoperability adopted by the Secretary, including any standards providing for interoperability among health information exchanges; (iv) meets the privacy requirements of subsection (d); (v) provides such public health surveillance and reporting capability as the Secretary requires; (vi) allows for such reporting of, and access to, health information for purposes of research (other than individually identifiable health information) as the Secretary requires; and (vii) allows for the reporting of health information (other than individually identifiable health information) to the database established under section 304 for the purpose of health care provider performance measurement in such form as required by the Secretary. (B) Contents \nA community health information technology plan shall— (i) be developed with the participation and widespread support of the health care community, including all stakeholders (including small physician groups), of the geographic area to be served by the grantee’s health information exchange; (ii) describe the technologies and systems, including interoperability data standards, that will be used to establish a health information exchange consistent with paragraph (A)(i) and the technological requirements and support that will be necessary for health care providers to participate in the health information exchange; (iii) establish how health care stakeholders will share the costs of health information technology investments required by the community health information technology plan, including the costs of implementing and maintaining new systems in physicians offices, hospitals, laboratories, community health centers, pharmacies, and other facilities of health care providers; (iv) establish how administrative and clinical savings resulting from widespread use of new health information technology will be accounted for and distributed among health care stakeholders; (v) explain how the health information infrastructure organization involved will ensure widespread participation by health care providers (especially small physician groups) in the grantee’s health information exchange and what support and assistance will be available to physicians seeking to integrate health information technologies into their practices; (vi) describe how patients and caregivers who are not health care providers will be able to access and utilize the health information infrastructure; (vii) establish how the health information infrastructure will be sustained over time, including anticipated sources of revenue; (viii) explain how the grantee’s health information exchange will protect patient privacy and maintain security; (ix) explain how the grantee will ensure the participation of health care providers serving minority communities, including communities in which English is not the primary language spoken; and (x) require that the grantee’s health information exchange is certified by the Secretary under this section. (4) Approval of plan \n(A) Submission \nNot later than the end of the first year for which a health information infrastructure organization receives a grant under this subsection, the organization shall submit its community health information technology plan to the Secretary. (B) Approval \nThe Secretary shall approve or disapprove each community health information technology plan submitted to the Secretary under this paragraph based on whether the plan complies with the requirements of this subsection. (C) Effect of failure to approve \nThe Secretary may not make any payment under this subsection to a health information infrastructure organization for the second, third, or fourth year for which the organization receives a grant unless the Secretary has approved the organization’s community health information technology plan. (5) Selection \nIn selecting grant recipients under this section, the Secretary shall take into account the extent to which an applicant intends to develop a community health information technology plan that covers a complete medical market area (as defined by the Secretary), geographical diversity, extent of stakeholder participation, health care provider participation commitments, capacity to measure quality and efficiency improvements, and replicability. (b) Phase II grants \n(1) Grants \nFor the purpose described in paragraph (2), the Secretary shall make a grant under this subsection to each State that agrees to comply with the requirements of this subsection. (2) Purpose \nA funding agreement for a grant under this subsection is that the State involved will use the grant only for making subgrants to health information infrastructure organizations for the purpose of— (A) maintaining and upgrading existing health information exchanges; (B) replicating existing health information exchanges to develop and implement new health information exchanges in areas not previously served by an exchange in accordance with the process and requirements described in subsection (a); (C) including additional stakeholders in the health information exchanges; (D) working with entities in neighboring States to expand health information exchanges on a regional basis; and (E) connecting health information exchanges with public health and bioterrorism surveillance programs, including those of the Centers for Disease Control and Prevention. (3) Privacy \nA funding agreement for a grant under this subsection is that the State involved must require that any infrastructure funded in whole or in part under this subsection must meet the privacy requirements of subsection (d). (4) Certification \nA funding agreement for a grant under this subsection is that the State involved will require that each health information exchange funded with the grant is certified by the Secretary under this section. (5) Reports \nA funding agreement for a grant under this subsection is that the State involved will submit an annual report to the Secretary on the activities of the State under this subsection, including— (A) the status of existing health information exchanges in the State; and (B) the development and implementation of new health information exchanges in the State in areas not previously served by an exchange. (6) Allocation of funds \nOf the amount appropriated for each fiscal year to carry out this subsection, the Secretary shall use such appropriated amount to award a grant to each State receiving a grant under this subsection in an amount that bears the same relation to the appropriated amount as the number of physicians and hospitals in the State bears to the total number of physicians and hospitals in all such States. (c) Phase III grants \nThe Secretary shall continue to make grants to States in accordance with the provisions of subsection (b), except that— (1) grants under this subsection shall be used primarily to maintain or upgrade existing health information exchanges; and (2) the Secretary may not make a grant to a State under this subsection if less than 75 percent of the health care providers in the State are participating in a health information exchange. (d) Privacy \nAny health information infrastructure funded in whole or in part under this section shall— (1) comply with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2(d) ); (2) allow patients to exclude their health information from the health information exchange; (3) give patients the option of allowing only designated health care providers to access their personally identifiable information concerning diagnosis and treatment of sexually transmitted diseases, addiction, and mental illnesses; (4) allow health care providers to access individually identifiable health information through health information exchanges only for reasonable purposes related to diagnosis and treatment; (5) allow other persons to access individually identifiable health information available through health information exchanges only with express patient consent; and (6) require health care providers, in making a transmission of individually identifiable health information to payers through the health information infrastructure, to restrict the transmission to the minimum amount of information necessary for payment of the claim involved. (e) Application \nTo seek a grant under this section, an applicant shall submit an application to the Secretary in such form, in such manner, and containing such information and assurances as the Secretary may require. (f) Technical assistance \n(1) In general \nThe Secretary shall provide to health information infrastructure organizations such technical assistance as the Secretary deems appropriate to carry out this section, including assistance relating to questions of governance, financing, and technological approaches to the creation of health information infrastructure. (2) National technical assistance center \n(A) Establishment \nThe Director of the Agency for Healthcare Resources and Quality shall establish and maintain a national technical assistance center to provide assistance to physicians described in subparagraph (B) to facilitate successful adoption of health information technologies and participation in the development and implementation of community health information technology plans by such physicians. (B) Physicians \nThe national technical assistance center shall provide assistance to physicians in geographical areas served by a health information infrastructure organization with a phase I grant under subsection (a). (C) Priority \nIn providing assistance to physicians under this paragraph, the national technical assistance centers shall— (i) give priority to physicians in small physician groups; and (ii) as resources allow, provide assistance to physicians in larger groups. (D) Requirements \nTechnical assistance provided under this paragraph shall, at a minimum, include the following: (i) A clearinghouse of best practices, guidelines, and implementation strategies directed at the small medical practices that plan to adopt electronic medical records and other health information technologies. (ii) A change management tool kit to enable physicians and their office staffs to successfully prepare practice workflows for electronic medical record adoption, to receive guidance in the selection of vendors of health information technology products and services that are appropriate within the context of the individual practice and the community setting, to implement health information technology solutions and manage the project at the practice level, and to address the ongoing need for upgrades, maintenance, and security of office-based health information technologies. (iii) The capability to provide consultations and advice to small medical practices to facilitate adoption of health information technologies. (g) Certification \nNot later than the date that is 1 year after the date of the enactment of this Act, the Secretary shall establish a program of certifying health information infrastructures that are in compliance with the requirements of subsection (a)(3)(A) and any other requirements of the national health information infrastructure as established by the Secretary. (h) Authorization of appropriations \n(1) In general \nTo carry out the provisions of this section other than subsection (f)(2), there are authorized to be appropriated— (A) for phase I grants under subsection (a), $55,000,000 for fiscal year 2005 and $167,000,000 for each of fiscal years 2006, 2007, and 2008; (B) for phase II grants under subsection (b), $400,000,000 for each of fiscal years 2009 through 2013; and (C) for phase III grants under subsection (c), such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. (2) Technical assistance \n(A) In general \nOf the amount appropriated to carry out this section for a fiscal year, not more than than 10 percent of such amount or $5,000,000, whichever is lesser, may be used to provide technical assistance under subsection (f)(1). (B) National technical assistance center \nTo carry out subsection (f)(2), there is authorized to be appropriated $2,500,000 for each of fiscal years 2005 through 2008.", "id": "H325FFD448A3A47CD818E801FD769C7C0", "header": "Health information technology grants" }, { "text": "103. Standards for interoperability of health information technology systems \n(a) Standards \nNot later than 1 year after the date of the enactment of this Act, after considering the recommendations of the Working Group, the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, acting jointly, shall adopt data standards for the interoperability of health information technology systems. (b) Periodic review \nThe Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, acting jointly, shall periodically review the data standards adopted under subsection (a) and, as appropriate, revise such standards. (c) Application \nThe Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs shall require that each program using health information technology of the Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs, respectively, complies with the data standards adopted under subsection (a). (d) Working Group \n(1) Establishment \nThe Secretary of Health and Human Services shall convene a Working Group to formulate recommendations on the adoption of data standards for the interoperability of health information technology systems. (2) Membership \nThe members of the Working Group shall include the following: (A) Health informatics experts from the Department of Defense, the Department of Health and Humans Services, the Department of Veterans Affairs, the Indian Health Service, and the private sector. (B) Practicing physicians. (C) Nurses. (D) Representatives of other health care providers. (E) Hospital administrators and hospital chief information officers. (F) Representatives of standards development organizations. (G) Representatives of standards development organizations. (H) Representatives of the Agency for Healthcare Research and Quality. (I) Representatives of the National Library of Medicine. (J) Other individuals, as determined appropriate by the Secretary, with expertise relevant to recommending data standards for the interoperability of health information technology systems. (3) Duties \nThe Working Group shall formulate recommendations to the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs on the adoption of data standards for the interoperability of health information technology systems, including recommendations on standards for each of the following: (A) Components of electronic medical records. (B) Interchange of clinical data, including, with a patient’s consent, the sharing of patient data— (i) across health care provider and community boundaries; and (ii) between health care providers and patients. (C) Terminologies. (D) Medical knowledge representation. (E) Computerized physician order entry. (F) Privacy, security, and authentication of health information. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $5,000,000 for each of fiscal years 2005 and 2006; and (2) $2,000,000 for fiscal year 2007 and each subsequent fiscal year.", "id": "HA8D03B8441BD4F4496FE9362A12EEB8", "header": "Standards for interoperability of health information technology systems" }, { "text": "104. Loans \n(a) In general \nThe Secretary may make loans to health information infrastructure organizations that receive a phase I grant under section 102(a) or a phase II subgrant under section 102(b) to provide additional funding for activities under the grant, including funding for the costs of— (1) developing a community health information technology plan under section 102(a)(3); and (2) implementing technology investments, training, and workflow reengineering under the plan. (b) Terms and conditions \nEach loan under this section shall be subject to such terms and conditions as the Secretary deems appropriate, except that— (1) the repayment period of each such loan may not exceed 10 years; (2) any technology investments paid for in whole or in part with funds from the loan must comply with the data standards for the interoperability of health information technology systems adopted by the Secretary under section 103; (3) any technology investments paid for in whole or in part with funds from the loan must comply with the privacy requirements of section 102(d); and (4) the Secretary shall require the health information infrastructure organization involved to provide to the Secretary an annual accounting of loan funds.", "id": "H92233140C33549FCA68E935E0180277E", "header": "Loans" }, { "text": "105. Safe harbor for equipment and services provided for the development or implementation of a health information infrastructure \nParagraph (3) of section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (1) by striking the period at the end of the first subparagraph (H) and inserting a semicolon; (2) by redesignating the second subparagraph (H) as subparagraph (I); (3) by striking the period at the end of subparagraph (I) (as so redesignated) and inserting ; and ; and (4) by adding at the end the following: (J) the provision of any equipment or services that are appropriate for the development or implementation of a health information infrastructure under section 102 of the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004, including the provision of hardware, software, and services necessary to participate in a health information exchange so long as such equipment or services are not provided in any manner that takes into account the volume, or value, of referrals or other business generated between the parties..", "id": "H16533641F67E47CB81C2FEA0A96B8473", "header": "Safe harbor for equipment and services provided for the development or implementation of a health information infrastructure" }, { "text": "106. Exception to medicare limitations on physician self-referral \nSection 1877(e) of the Social Security Act ( 42 U.S.C. 1395nn(e) ) is amended by adding at the end the following new paragraph: (9) Development or implementation of a health information infrastructure \nThe provision of any equipment or services as appropriate for the development or implementation of a health information infrastructure under section 102 of the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004, including the provision of hardware, software, and services necessary to participate in a health information exchange so long as such equipment or services are not provided in any manner that takes into account the volume or value of referrals or other business generated between the parties..", "id": "H3C2CB2C599E34BC99640008CFA00C055", "header": "Exception to medicare limitations on physician self-referral" }, { "text": "107. Adjustments to medicare payments to providers of service and suppliers participating in health information exchanges \n(a) In general \nThe Secretary shall establish a methodology for making adjustments in payment amounts under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) made to providers of services and suppliers who furnish items or services for which payment is made under that title who— (1) participate in a health information exchange certified by the Secretary under section 103(b); or (2) in the course of furnishing items and services for which payment may be made under such title, use information technology with patient-specific applications that the Secretary determines improve the quality and accuracy of clinical decision-making (such as electronic medical records and computerized physician order entry). (b) Establishment and modification of codes \nThe methodology under subsection (a) shall— (1) include the establishment of new codes, modification of existing codes, and adjustment of evaluation and management modifiers to such codes that take into account the costs of acquiring, using, and maintaining information technology with patient-specific applications; and (2) take into account estimated aggregate annual savings in overall payments under such title XVIII attributable to the use of information technology with patient-specific applications. (c) Duration \nThe Secretary may reduce or eliminate adjustments established made to subsection (a) as payment methodologies under title XVIII of the Social Security Act are adjusted to reflect provider quality and efficiency. (d) Rule of construction \nIn making national coverage determinations under section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) with respect to maintaining information technology with patient-specific applications, in determining whether the information technology is reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member, the Secretary shall consider whether the information technology improves clinical outcomes or cost-effectiveness of treatment. (e) Definitions \nIn this section: (1) Provider of services \nThe term provider of services has the meaning given such term under section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) ). (2) Supplier \nThe term supplier has the meaning given such term under section 1861(d) of such Act ( 42 U.S.C. 1395x(d) ).", "id": "HB0E06CDCA4CB4DCCB1A3E3E405007F09", "header": "Adjustments to medicare payments to providers of service and suppliers participating in health information exchanges" }, { "text": "108. Medicaid payments for information infrastructure for health information exchange and information technology \n(a) Payment \nIn the case of a State that provides funding under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for the design, development, and installation of information infrastructure consisting of a health information exchange and information technology operated by health care providers pursuant to a community health information technology plan approved by the Secretary under section 102, the Secretary shall make matching payments to States under section 1903(a) of such Act ( 42 U.S.C. 1396b(a) ) for such funding. (b) 90 percent FMAP for phase i grants \nIn addition to payment amounts provided for in subsection (a), for calendar quarters occurring during the first three years during which a State provides funding referred to in subsection (a), the Secretary shall provide for payment to such State at the rate provided for under section 1903(a)(3)(A)(i) of such Act ( 42 U.S.C. 1396b(a)(3)(A)(i) ).", "id": "HF5CC00029F0C44ECB8CF28A12026B233", "header": "Medicaid payments for information infrastructure for health information exchange and information technology" }, { "text": "109. Definitions \nIn this title: (1) The term health care provider means an entity involved in consultation, prevention, diagnosis, and treatment, including but not limited to a physician group, physician in individual practice, hospital, community health center, skilled nursing facility, laboratory, imaging center, or pharmacy. (2) The term health information infrastructure organization means an organization that— (A) facilitates the drafting and implementation of a community health information infrastructure plan for a given geographic area in 1 or more States; (B) with respect to each area to be served by the organization with a grant under this section, is designated by the Governors of the States involved as the exclusive health information infrastructure organization for that area; and (C) is governed by a board that— (i) includes representatives of health care insurers and other third party payors, government health care programs, employers, physicians and other health care providers, hospitals, and consumers; and (ii) may include representatives of organized labor. (3) The term physician has the meaning given to that term in section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ). (4) The term small physician group means a physician practice group of 10 or fewer physicians. (5) The term State includes the 50 States and the District of Columbia. (6) The term Working Group means the working group convened under section 103.", "id": "HAB4D29D4BE104428BEADE500C94632CD", "header": "Definitions" }, { "text": "201. Research on Outcomes of Health Care Items and Services \nSection 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 299b–7 ) is amended— (1) in subsection (a)— (A) in clause (i) of paragraph (1)(A), by inserting cost-effectiveness, before comparative clinical effectiveness, ; (B) by striking paragraph (2) and inserting the following: (2) Priorities \nIn carrying out this section, the Secretary shall adopt and implement the priorities established by the Consortium for Health Outcomes Research Priorities under section 202 of the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004. ; and (C) in clause (i) of paragraph (3)(A), by inserting cost-effectiveness, before comparative clinical effectiveness, ; (2) by striking subsection (d); (3) in subsection (e), by inserting $150,000,000 for fiscal year 2005, $250,000,000 for fiscal year 2006, $400,000,000 for fiscal year 2007, $750,000,000 for fiscal year 2008, $1,000,000,000 for fiscal year 2009, before and such sums as may be necessary for each fiscal year thereafter ; and (4) by redesignating subsection (e) as subsection (d).", "id": "H9384D95FC2AC40AA88B8E9E73EF0073", "header": "Research on Outcomes of Health Care Items and Services" }, { "text": "202. Consortium for Health Outcomes Research Priorities \n(a) Establishment \nThe Director of the Agency for Healthcare Research and Quality shall enter into an agreement with the Institute of Medicine to establish the Consortium for Health Outcomes Research Priorities. (b) Members \n(1) In general \nThe Consortium shall be composed of the ex officio members listed in paragraph (2) and the members appointed by the Institute of Medicine under paragraph (3). (2) Ex officio members \nThe ex officio members of the Consortium shall include the following: (A) The Administrator of the Centers for Medicare and Medicaid Services. (B) The Commissioner of Food and Drugs. (C) The Director of the Agency for Healthcare Research and Quality. (D) The Director of the Centers for Disease Control and Prevention. (E) The Director of the Indian Health Service. (F) The Director of the National Institutes of Health. (G) The Assistant Secretary of Defense for Health Affairs. (H) The Under Secretary for Health, Department of Veterans Affairs. (3) Appointed members \nThe members of the Consortium appointed by the Institute of Medicine shall include the following: (A) Academics. (B) Practicing physicians. (C) Representatives of the following: (i) Hospitals. (ii) Drug companies. (iii) Device companies. (iv) Health care insurers, including State medicaid programs under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (v) Employers or employer groups with a history of supporting health care quality initiatives. (vi) Patient advocacy groups. (vii) Professional societies. (viii) Health foundations. (4) Majority of members \nA majority of the members of the Consortium shall be appointed by the Institute of Medicine under paragraph (3). (c) Duties \nThe Consortium shall— (1) establish research priorities under subsection (d); and (2) carry out section 205 (relating to standardized measures of health care provider performance). (d) Research priorities \n(1) Establishment \nOn an annual basis, the Consortium shall establish priorities for research conducted or supported by the Agency for Healthcare Research and Quality under section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 299b–7 ) (relating to the effectiveness and efficiency of health care items and services). (2) Consideration \nIn establishing research priorities under subsection (c)(1), the Consortium shall take into consideration— (A) the extent to which health care items and services— (i) impact large numbers of people; or (ii) impose high health care costs; and (B) the extent of the need for data with respect to diseases or conditions affected by those health care items and services. (3) Transparency \nIn carrying out this section, the Consortium shall ensure that research priorities are established in a manner that is publicly transparent.", "id": "HEAEEA89C8244425E88574DE090F2CFE8", "header": "Consortium for Health Outcomes Research Priorities" }, { "text": "203. Center for Clinical Decision-Support Technology \n(a) Establishment \nThe Director, in collaboration with the National Library of Medicine, shall establish and support by grant or contract a Center for Clinical Decision-Support Technology to enable health care providers across the United States to more efficiently and rapidly embed knowledge-based elements in their clinical information systems. (b) Duties \nThe Center for Clinical Decision-Support Technology shall— (1) design and develop new approaches to knowledge organization, modeling, and decision support; (2) develop standards and promote existing standards for guideline models, standard data sets, vocabularies, and interfaces among components of the decision-support system; (3) build tools to facilitate the encoding of medical knowledge in a structured form to enable such knowledge to be used in patient-specific decision support, associated with other relevant evidence, updated and maintained, and adapted to local systems and environments; (4) define and regularly update methods to determine the effectiveness of such tools, including the appropriateness of the knowledge, the ease of adaptation to local environments, and the success of the intended application in achieving specific goals; (5) generalize or abstract the features of specific applications in the systems of the affiliated health care delivery organizations that have been found to be successful, but for which sharing and dissemination are not easily achieved, due to system-specific designs; and (6) explore optimal interface approaches to access and use of knowledge resources for health care providers and consumers. (c) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2005 and such sums as may be necessary for each subsequent fiscal year.", "id": "H3CAFDD4A68BA47E087B8B71241BED1BD", "header": "Center for Clinical Decision-Support Technology" }, { "text": "204. Scholarships for study in health care quality and patient safety \n(a) Purposes \nThe purposes of this section are to improve health care quality and patient safety and to achieve a corresponding reduction in health care costs by providing scholarships to future health care leaders for study in the fields of health care quality and patient safety. (b) Scholarships \nFor the purposes described in subsection (a), the Director may make grants to eligible institutions for the awarding of scholarships to physicians, nurses, other health care personnel, and administrators to enable such individuals to obtain a master’s degree or a doctoral degree in the field of health care quality and patient safety. (c) Priority \nA condition on the receipt of a grant under this section is that the eligible institution, in awarding scholarships, will give priority to applicants whose studies will focus on— (1) measuring, monitoring, and improving the clinical and financial performance of health care service organizations; or (2) providing leadership for organizational change within the health care system. (d) Use of scholarships \nA scholarship under this section may be used to pay the costs of all reasonable educational expenses, including tuition, fees, and books, and such stipends as the Director determines to be appropriate. (e) Flexibility \nA condition on the receipt of a grant under this section is that the eligible institution will offer flexibility to scholarship recipients who desire to continue clinical practice while pursuing a course of study, including by allowing such recipients to pursue a course of study on a part-time basis. (f) Definition \nIn this section: (1) The terms accredited and school of public health have the meanings given to those terms in section 799B of the Public Health Service Act ( 42 U.S.C. 295p ). (2) The term eligible institution means an accredited school of public health offering a master’s degree or a doctoral degree in the field of health care quality and patient safety with a curriculum that— (A) is interdisciplinary; (B) includes coursework and training in— (i) health services research; (ii) health care quality; (iii) decision analysis; (iv) cost-benefit and cost-effectiveness analysis; and (v) management skills and leadership; and (C) includes fieldwork in a health care facility. (g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2005 and such sums as may be necessary for each subsequent fiscal year.", "id": "H349062CED086422283B9982BD44D4270", "header": "Scholarships for study in health care quality and patient safety" }, { "text": "205. Standardized measures of health care provider performance \n(a) Priorities \nNot later than 1 year after the date of the enactment of this Act, the Consortium shall identify priorities for developing, updating, and endorsing standardized measures of health care provider performance under this section. Such priorities shall— (1) first be developed for each of the 20 priority areas for improvement in health care quality specified in the report by the Institute of Medicine entitled Priority Areas for National Action: Transforming Health Care Quality ; (2) include priorities for measures of health care provider performance based on adherence to evidence-based medicine, patient outcomes, efficiency, and patient satisfaction; (3) include priorities for measures specific to a range of practice settings, including individual doctors and small physician groups; (4) emphasize the development of reliable, risk-adjusted outcome measures; and (5) be updated on an annual basis. (b) Development \nThe Director shall enter into agreements with medical specialty societies, private accrediting organizations, and other appropriate organizations to develop and update measures of health care provider performance in accordance with the priorities identified under subsection (a). (c) Endorsement \n(1) In general \nThe Director shall enter into an agreement with the National Quality Forum for the endorsement by such entity of standardized measures of health care provider performance. (2) Requirements \nThe agreement entered into under this subsection shall require the National Quality Forum— (A) to endorse standardized measures of health care provider performance for each of the 20 priority areas described in subsection (a)(1); (B) to endorse other such measures over time consistent with the priorities identified under subsection (a); and (C) to recommend aggregate measures of health care provider performance to create simplified comparisons of health care provider performance.", "id": "H2CCA65012E4C4B0AAD62C74D311E1B19", "header": "Standardized measures of health care provider performance" }, { "text": "206. Definitions \nIn this title: (1) The term Consortium means the Consortium for Health Outcomes Research Priorities established under section 202. (2) The term Director means the Director of the Agency for Healthcare Research and Quality.", "id": "H4146681334AF41460021DAF2398707D", "header": "Definitions" }, { "text": "301. Access to medicare health care claims databases \n(a) Access by health plans \n(1) In general \nThe Center for Medicare and Medicaid Services shall make available to a group health plan, that meets the condition under paragraph (2), all data in the possession of the Secretary with respect to the most recent claims submitted to the Secretary for items and services furnished to medicare beneficiaries for which payment is made under title XVIII of the Social Security Act. (2) Condition of access \nThe condition referred to in paragraph (1) for a group health plan to have access to data under that paragraph is that the group health plan contribute claims-based health care provider performance data to the health care provider performance database established under section 303. (b) Privacy protections \n(1) In general \nA request under subsection (a) is subject to the provisions of the Health Insurance Portability and Accountability Act and the Privacy Act. (2) Specific protections \n(A) Encryption \nThe Secretary shall ensure that any identification number of a beneficiary to which a claim relates is encrypted in a consistent fashion in order to access data with respect to that beneficiary for claims for items and services under each applicable part of title XVIII. (B) Deletion of personal identifying information \nThe Secretary shall ensure that the data omits the name, date of birth, street address and the last two applicable postal codes of each of the beneficiaries. (3) Exclusion of certain data \nIn the case of a provider of services or a supplier that submits a low volume of claims to the Secretary for items or services furnished to medicare beneficiaries, or in the case of certain rare medical conditions or treatments, the Secretary may exclude data with respect to such claims, conditions, or treatment from a request under subsection (a) in order to protect patient privacy. (c) Form of request \nRequests under subsection (a) shall require such information, and be in such form, as the Secretary determines appropriate. Such a request shall include the applicable period and areas for which such claims data is requested. (d) Fee \nThe Secretary may require the payment of a fee by each group health plan that submits a request under subsection (a) to offset administrative costs incurred by the Secretary in carrying out this section. (e) Authority to contract \nIf the Secretary determines that data could be made available more promptly, the Secretary may enter into arrangements with private entities to merge data for claims under each part of title XVIII of the Social Security Act. The Secretary shall ensure that a unique encryption applies to each beneficiary encryption.", "id": "HA13C5C8C2564464D95F68E7C8DA74261", "header": "Access to medicare health care claims databases" }, { "text": "302. Incorporation of measures of health care practitioner performance in Federal programs \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and the Director of the Indian Health Service shall incorporate, to the extent practicable, measures of health care practitioner performance endorsed by the National Quality Forum into the health care programs of the Department of Defense, the Department of Health and Human Services, the Department of Veterans Affairs, and the Indian Health Service, respectively for the purpose of improving program quality and efficiency. (b) Report to Congress \nNot later than 18 months after the date of the enactment of this Act, each Federal official specified in subsection (a) shall submit a report to the Congress on the results of the official’s activities under this section.", "id": "H87FABF7AD487465BB5F00072D5891596", "header": "Incorporation of measures of health care practitioner performance in Federal programs" }, { "text": "303. Interim claims-based practitioner performance database \n(a) In general \nNot later than the date that is 18 months after the date of the enactment of this Act, the Secretary shall establish a claims-based practitioner performance database that comprises de-indentified claims data under the medicare program under title XVIII of the Social Security Act and claims data from any group health plan that voluntarily submits de-identified health care claims data to the Secretary for such purpose. (b) Requirement for participation by FEHB plans \nThe Director of the Office of Personnel Management shall require, as a condition under chapter 89 of title 5, United States Code, that each plan under contract with the Director under such chapter submit de-identified claims data to practitioner performance database. (c) Performance measurements \nNot later than 1 year after the date specified in subsection (a), and not less frequently than annually thereafter, the Secretary, from data in the database established under this section, shall prepare practitioner performance measurements. Such measurements shall— (1) be based on performance measures endorsed by the National Quality Forum; (2) measure— (A) the performance of individual physicians, physician groups (if any), and hospitals; or (B) if records are not available for measuring such performance, the performance of the smallest practitioner unit for which records are available; and (3) be presented in such manner as the Secretary determines will accurately and clearly represent the comparative performance quality and efficiency of physicians, physician groups, and hospitals. (d) Privacy protections \nThe Secretary shall ensure that— (1) any patient identifier is encrypted or omitted in a consistent fashion; (2) the data omits the name, date of birth, street address and the last two applicable postal codes of each patient; and (3) the amount of the charge for services furnished is omitted. (e) Requirement for submission of data by all group health plans \nNot later than four years after the date referred to in subsection (a), each group health plan shall contribute de-indentified claims data necessary for performance measurement to the practitioner performance database established under subsection (a). As soon as practicable, the Secretary shall make available annual performance measures to the public. (f) Termination \nBeginning on the date that is 10 years after the date referred to in subsection (a), the Secretary shall discontinue the collection of data under this section.", "id": "H07E18837892345A9AEB76185C7C48900", "header": "Interim claims-based practitioner performance database" }, { "text": "304. Clinical-based practitioner performance database \n(a) Establishment \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall establish a practitioner performance database that comprises data from any health care practitioner that voluntarily submits de-indentified health care data to the Secretary for such purpose. (b) Privacy protections \nThe Secretary shall require health care practitioners to encrypt or omit all individually identifiable patient information from data submitted to the Secretary under this section, including by ensuring that— (1) any patient identifier is encrypted or omitted in a consistent fashion; (2) the data omits the name, date of birth, street address, and the last 2 applicable postal codes of each patient; and (3) the amount of the charge for services furnished is omitted. (c) Performance measurements \nNot later than 1 year after the date specified in subsection (a), and not less frequently than annually thereafter, the Secretary, from data in the database established under this section, shall prepare practitioner performance measurements. Such measurements shall— (1) be based on performance measures endorsed by the National Quality Forum; (2) measure— (A) the performance of individual physicians, physician groups (if any), and hospitals; or (B) if records are not available for measuring such performance, the performance of the smallest practitioner unit for which records are available; and (3) be presented in such manner as the Secretary determines will accurately and clearly represent the comparative performance quality and efficiency of physicians, physician groups, and hospitals. (d) Certain practitioners \nAs a condition on any grant or subgrant awarded to a health information infrastructure organization under section 102, the Secretary shall require the organization to agree that the organization will not allow any health care practitioner to participate in a health information exchange established or implemented with the grant unless the practitioner submits claims data to the Secretary in accordance with this section.", "id": "H5F678DE54417483F8CB614F71EB35190", "header": "Clinical-based practitioner performance database" }, { "text": "305. Availability of performance measurements and data \n(a) Performance measures \nThe Secretary shall make publicly available the practitioner performance measurements prepared under sections 303 and 304. (b) Data \nThe Secretary shall restrict access to the data in the databases under sections 303 and 304 to individuals requesting such information in connection with research conducted or supported by the Agency for Healthcare Research and Quality.", "id": "H3A35A7FCD69443CCA2718449A688C132", "header": "Availability of performance measurements and data" }, { "text": "306. Use of health care provider performances measure for pay for performance \n(a) In general \nThe Secretary may provide for adjustments to payment systems under title XVIII of the Social Security Act based on performance measurements of physicians, physician groups, and institutional providers of services. Insofar as the Secretary exercises the authority under the preceding sentence, in the case of providers with both claims-based and clinical-based measurements, the Secretary shall use the clinical-based measurements for any pay-for-performance unless the provider elects to use claims-based measurements. In no case may an election under the preceding sentence be in effect after the date that is 6 years after the date of the enactment of this Act. (b) MedPAC recommendations \nThe Medicare Payment Advisory Commission shall include in the March 2007 report to Congress, and annually thereafter, specific recommendations for the amount of adjustments to payment systems and beneficiary cost-sharing under title XVIII of the Social Security Act based on performance measurements in order to share savings under such title attributable to quality improvement with practitioners, to create incentives for better practitioner performance, and shift medicare beneficiary caseload to higher quality, more efficient practitioners. (c) Sense of Congress \nIt is the sense of the Congress that the Director of the Office of Personnel Management should encourage plans with contracts under chapter 89 of title 5, United States Code, to include differential payments, differential cost-sharing, or both based on HHS practitioner performance measurements under section 303.", "id": "H07D47F43CC334D42B0D1D000C73899C8", "header": "Use of health care provider performances measure for pay for performance" }, { "text": "307. Study comparing practitioner performance database \nNot later than 54 months after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall— (1) conduct a study to compare the interim claims-based practitioner performance database established under section 303 with the clinical-based practitioner performance database established under section 304, including by assessing the scope, cause, and import of any differences between the 2 databases in practitioner performance measurement; and (2) submit a report to the Congress on the results of the study.", "id": "HDC805CC758DC4B0E8DF0D366CC44AFC", "header": "Study comparing practitioner performance database" }, { "text": "308. Regulations on auditing \nThe Secretary shall establish regulations governing the audit of group health plans that submit data under section 303 and health care practitioners that submit data under section 304 for compliance with such sections.", "id": "HCC992A514CB34C33B2CD5750114961B0", "header": "Regulations on auditing" }, { "text": "309. AHRQ access to practitioner performance databases \nThe Director of the Agency for Healthcare Research and Quality shall have access to the data in the databases established under sections 303 and 304 for health outcomes research, including research conducted internally or by external researchers.", "id": "HEB73C92B820B450E8BF74B535E66F1C1", "header": "AHRQ access to practitioner performance databases" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Pitkin County Land Exchange Act of 2004.", "id": "H25F06E40B5474FDEA8E0A2F8822FC171", "header": "Short title" }, { "text": "2. Purpose \nThe purpose of this Act is to authorize, direct, expedite and facilitate the exchange and consolidation of lands between Pitkin County, Colorado, the Aspen Valley Land Trust and the United States in accordance with the terms and conditions set forth herein.", "id": "HF0708C2C07B44246A33DE4481697AAF0", "header": "Purpose" }, { "text": "3. Definitions \nIn this Act, the following definitions apply: (1) The term Federal land means the land to be transferred to Pitkin County, Colorado, by the United States pursuant to this Act. (2) The term non-Federal land means the land to be transferred to the United States by Pitkin County, Colorado, pursuant to this Act. (3) The term Pitkin County means the county of Pitkin, Colorado. (4) The term Secretary means the Secretary of Agriculture, unless otherwise specified. (5) The term Aspen Valley Land Trust means the non-profit Aspen Valley Land Trust, a charitable organization as described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501 ), or its successors, heirs, or assigns.", "id": "H7C7B076C03C34B27B6DA03CC077B4C4", "header": "Definitions" }, { "text": "4. Land exchange \n(a) In general \nUpon receipt of title to the non-Federal lands described in subsection (b), the Secretary and the Secretary of the Interior shall simultaneously convey to Pitkin County, or to the Aspen Valley Land Trust, if Pitkin County so requests, all right, title, and interest of the United States in and to the Federal lands described in subsection (b), subject to valid existing rights or encumbrances and the requirements of subsections 5(a) and (b). (b) Conveyance of non-federal lands to the United States \nThe non-Federal lands to be conveyed to the United States pursuant to this Act are the following: (1) Certain lands located in Pitkin County, Colorado, comprising approximately 35 acres, as generally depicted on a map entitled Ryan Land Exchange—Ryan Property Conveyance to Forest Service , dated August 2004. (2) Certain lands located on Smuggler Mountain in Pitkin County, Colorado, comprising approximately 18.2 acres, as generally depicted on a map entitled Ryan Land Exchange—Smuggler Mountain—Grand Turk and Pontiac Claims Conveyance to Forest Service , dated ________. (c) Federal land conveyance to Pitkin County \nThe Federal lands to be conveyed to Pitkin County, or to the Aspen Valley Land Trust, if Pitkin County so requests, pursuant to this Act are the following: (1) Certain National Forest lands located in Pitkin County, Colorado, comprising approximately 5.5 acres, as generally depicted on a map entitled Ryan Land Exchange—Wildwood Parcel Conveyance to Pitkin County , dated August 2004. (2) Certain National Forest lands located in Pitkin County, comprising 12 separate parcels totaling approximately 5.92 acres, as generally depicted on a map entitled Ryan Land Exchange—Smuggler Mountain Patent Remnants—Conveyance to Pitkin County , dated August 2004. (3) Certain lands under the jurisdiction of the Bureau of Land Management located in Pitkin County, Colorado, and comprising approximately 40 acres, as generally depicted on a map entitled Ryan Land Exchange—Crystal River Parcel Conveyance to Pitkin County.", "id": "HA76CFDFF265A490597642D65FC65746B", "header": "Land exchange" }, { "text": "5. Exchange terms and conditions \n(a) Crystal river parcel conveyance \nThe parcel identified in subsection 4(c)(3) shall not be conveyed to Pitkin County unless and until the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or both, or to another entity mutually agreeable to the County and the Secretary of the Interior, a permanent conservation easement, the terms of which are acceptable to the Secretary of the Interior and which provides public access to the parcel and limits future use of the parcel to recreational, fish, and wildlife conservation, and open space purposes. The requirement for such easement shall not affect the value of the parcel for purposes the appraisals to be prepared pursuant to subsection (c). In the deed of conveyance to the County, the Secretary of the Interior shall provide that in the event the parcel is ever used for other than such purposes, or Pitkin County or the entity or entities holding the conservation easement no longer wish to administer the parcel, title to the parcel shall back revert to the United States at no cost to the United States if the Secretary of the Interior determines that such a reversion is in the best interests of the United States. (b) Wildwood parcel conveyance and reservation \nPrior to the conveyance to Pitkin County of the parcel identified in subsection 4(c)(1), Pitkin County, at its expense, shall deliver to the Secretary a quitclaim deed to the parcel from any party who, prior to introduction of this Act, had asserted a claim of any right, title, or interest in such parcel, and shall permanently relinquish any such claim against the United States in or to the parcel. In the deed of conveyance of such parcel to Pitkin County (or to the Aspen Valley Land Trust if Pitkin County so requests) the Secretary shall reserve to the United States a permanent easement, as determined appropriate by the Secretary in consultation with Pitkin County, for location, construction, and public use of the East of Aspen Trail. (c) Exchange valuation \nThe values of the Federal and non-Federal lands directed for exchange by this Act shall be equal as determined by the Secretary through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, the Uniform Standards of Professional Appraisal Practice, and Forest Service appraisal instructions. If the values as determined by the appraisals are not equal, equalization shall be achieved as follows: (1) If value is owed by the United States, the County shall donate the excess value to the United States, and such donation will be considered as a donation for all purposes of law. (2) If value is owed by Pitkin County, the County shall equalize value by either— (A) making a cash equalization payment to the Secretary, the proceeds of which shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act ) and be available to the Secretary, without further appropriation, for the acquisition of land or interests in land for addition to the National Forest System in the State of Colorado; (B) conveying to the Secretary certain lands located in Pitkin County, Colorado, and comprising approximately 160 acres, as generally depicted on a map entitled Sellar Park Parcel , dated August 2004; or (C) any combination of (A) and (B) above to which the County and the Secretary mutually agree. (d) Exchange timing \nIt is the intention of Congress that the land exchange directed by this Act be consummated no later than 1 year after the date of enactment of this Act, unless the Secretary and the Secretary of the Interior and Pitkin County mutually agree otherwise.", "id": "H092C8C0A215949859FA2003FF5FA4DE5", "header": "Exchange terms and conditions" }, { "text": "6. Miscellaneous provisions \n(a) Management of acquired lands \nLands acquired by the Secretary of Agriculture pursuant to this Act shall become part of the White River National Forest and be administered in accordance with the laws, rules, and regulations generally applicable to the National Forest System. For purposes of section 7 of the Land and Water Conservation Fund Act of 1965, ( 16 U.S.C. 460l–9 ), the boundaries of the White River National Forest shall be deemed to be the boundaries of such forest as of January 1, 1965. (b) Withdrawal and revocation of orders \nImmediately upon enactment of this Act, if the Federal land parcels are not already withdrawn or segregated from entry or appropriation under the public land laws, including the mining and mineral leasing laws and Geothermal Steam Act of l970 ( 30 U.S.C. 1001 et seq. ) they are hereby so withdrawn, subject to any valid existing rights, until the date of their conveyance to Pitkin County. In addition, any previously existing public land orders withdrawing the Federal land from appropriation or disposal under the public land laws are hereby revoked to the extent necessary to permit disposal of the Federal land as directed by this Act. (c) Withdrawal of acquired land \nUpon their acquisition by the United States, the non-Federal lands acquired by the Secretary pursuant to this Act are hereby, and without further action required by the Secretary or the Secretary of the Interior, permanently withdrawn from all forms of appropriation and disposition under the public land laws, including the mining and mineral leasing laws, and the Geothermal Steam Act of 1970. (d) Boundary adjustments, maps and legal descriptions \nThe Secretary concerned and Pitkin County may mutually agree to make minor adjustments in the boundaries of the Federal and non-Federal lands to be conveyed pursuant to this Act, and may also, at their sole discretion, mutually agree to modifications or deletions of the Federal or non-Federal land parcels and mining claim remnants to be exchanged on Smuggler Mountain. In the event of any discrepancy between a map, acreage estimate and legal or other description of the lands involved in the exchange, the map shall prevail unless the Secretary concerned and Pitkin County mutually agree otherwise.", "id": "H727A021483EC4616B48FDF967C4F644F", "header": "Miscellaneous provisions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Nuclear Black-Market Elimination Act.", "id": "H8B9E1245A44C490AB196760064FB397B", "header": "Short title" }, { "text": "101. Authority to impose sanctions \nNotwithstanding any other provision of law, the President is authorized to prohibit, for a period of not less than three years, any transaction or dealing by a United States person or within the United States with any foreign person or entity that the President determines sells, transfers, brokers, finances, assists, delivers or otherwise provides or receives, on or after the date of the enactment of this Act— (1) nuclear enrichment or reprocessing equipment, materials, or technology to— (A) any country for which an additional protocol with the International Atomic Energy Agency for the application of safeguards (as derived from IAEA document INFCIRC/540 and related corrections and additions) is not in force; or (B) to any country that the President determines is developing, constructing, manufacturing, or acquiring a nuclear explosive device; or (2) designs, equipment, or specific information to assist in the development, construction, manufacture, or acquisition of a nuclear explosive device by a non-nuclear weapon state.", "id": "H2BD5B27DF5E64055809B32647274C500", "header": "Authority to impose sanctions" }, { "text": "102. Presidential determination \n(a) Determination \nIf the President receives credible information or evidence regarding any activity described in section 101(a) by a foreign person or entity, the President shall promptly make a determination as to whether, in his judgment, such activity occurred. (b) Report \nIf the President makes an affirmative determination under subsection (a), the President shall, within 5 days after making the determination, report the fact and substance of the determination to the appropriate congressional committees. (c) Publication of determination \nIf the President makes an affirmative determination under subsection (a), the President shall publish in the Federal Register, not later than 15 days after reporting such determination to the Committees under subsection (b), the identity of each foreign person or entity that is subject to that determination and on whom sanctions have been imposed under section 101(a), the reasons for the sanctions, and period during which the sanctions will be in effect.", "id": "HEF3CFE9AF1704C86B0AE9F31A7E45F00", "header": "Presidential determination" }, { "text": "103. Additional reports \n(a) Possible activity \nThe President shall submit to the appropriate congressional committees, not later than January 30th of each year, a report containing all credible information regarding the activities described in section 101(a), regardless of whether the President determines that such activities did in his judgment occur. (b) Transactions by foreign persons \nThe President shall submit to the appropriate congressional committees, not later than June 30th of each year, a report that identifies any foreign person or entity that engages in transactions or dealings with foreign persons or entities on whom sanctions are in effect under section 101(a) that— (1) would be prohibited transactions or dealings subject to sanctions under section 101(a) if those transactions or dealings had been conducted by United States persons or within the United States; and (2) could make material contributions to a nuclear enrichment, reprocessing, or nuclear weapon development program. The report under this subsection shall be unclassified to the maximum extent feasible, but may also include a classified annex.", "id": "H87586E01575542D2863F5E747DAD7C29", "header": "Additional reports" }, { "text": "201. Authority to provide assistance \nNotwithstanding any other provision of law, the President is authorized to provide, on such terms as he deems appropriate, assistance under section 202 to any country that cooperates with the United States and with other countries allied with the United States to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its control or registry.", "id": "H9DBE37E3D0C84361B124E9DF9300EC33", "header": "Authority to provide assistance" }, { "text": "202. Types of assistance \nThe assistance authorized under section 201 is the following: (1) Assistance under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ). (2) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961, notwithstanding section 531(e) or 660(a) of that Act. (3) Drawdown of defense equipment and services under section 516 of the Foreign Assistance Act of 1961.", "id": "HC8F620AB4300428B92BBA81137D459CE", "header": "Types of assistance" }, { "text": "203. Congressional notification \nAssistance authorized under this title may not be provided until at least 30 days after the date on which the President has provided notice thereof to the appropriate congressional committees, in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961.", "id": "H50326114935E403C0041BC88D96EF74F", "header": "Congressional notification" }, { "text": "204. Limitation \nAssistance may be provided to a country under section 201 in no more than 3 fiscal years.", "id": "H76B22DD437474B4EA2C004B2C4572B31", "header": "Limitation" }, { "text": "205. Use of assistance \nTo the extent practicable, assistance provided under this title shall be used to enhance the capability of the recipient country to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace, or in vessels under its control or registry, including through the development of a legal framework in that country to enhance such capability.", "id": "HD8B009196C034BBBAB4E6D46A8833DA5", "header": "Use of assistance" }, { "text": "206. Authorization of appropriations \n(a) Appropriations \nThere is authorized to be appropriated $250,000,000 to carry out this title. (b) Availability \nAmounts appropriated pursuant to subsection (a) are authorized to remain available until expended.", "id": "H109CFF0D7F2D4E0CB9737E80655E63E0", "header": "Authorization of appropriations" }, { "text": "207. Limitation on ship transfers \nNotwithstanding any other provision of law, the United States may not transfer any excess defense article that is a vessel to a country that has not provided written assurances to the United States that it will support and assist efforts by the United States to interdict items of proliferation concern.", "id": "HE98BDE54A49C4ABAA45E7DD928E3C54F", "header": "Limitation on ship transfers" }, { "text": "208. Limitation on aircraft transfers \nNotwithstanding any other provision of law, the United States may not transfer any excess defense article that is an aircraft to any country that has not provided written assurances to the United States that it will support and assist efforts by the United States to interdict items of proliferation concern.", "id": "HB547749F780F4F279802AB7F13857753", "header": "Limitation on aircraft transfers" }, { "text": "301. Cooperation of Pakistan \n(a) Limitation \nNotwithstanding any other provision of law, the President may not provide, in any fiscal year, more than 75 percent of United States assistance to Pakistan unless the President determines and certifies to the appropriate congressional committees that Pakistan— (1) has verifiably halted any cooperation with any state in the development of nuclear or missile technology, material, or equipment, or any other technology, material, or equipment that is useful for the development of weapons of mass destruction, including exports of such technology, material, or equipment; and (2) is fully sharing with the United States all information relevant to the A.Q. Khan proliferation network, and has provided full access to A.Q. Khan and his associates and any documentation, declarations, affidavits, or other material that bears upon their proliferation network activities and contacts. (b) Waiver \n(1) Authority \nThe President may waive the requirements of subsection (a) in a fiscal year if— (A) the President has certified to the appropriate congressional committees that— (i) the waiver is in the vital interest of the national security of the United States; (ii) the waiver will promote Pakistan’s cooperation in achieving the conditions set forth in paragraphs (1) and (2) of subsection (a); and (iii) Pakistan’s lack of cooperation is not significantly hindering efforts of the United States to investigate and eliminate the Khan proliferation network and any successor networks; and (B) 30 days have elapsed since making the certification under subparagraph (A). (2) Briefing \nWithin 5 days after making a certification under paragraph (1), the Secretary of State shall brief the appropriate congressional committees on the degree to which Pakistan has or has not satisfied the conditions set forth in paragraphs (1) and (2) of subsection (a)(1). (3) Limitation \nThe waiver authority under paragraph (1) may not be exercised in two successive fiscal years.", "id": "H9550355CB7DE4F668B85A08E03557F2", "header": "Cooperation of Pakistan" }, { "text": "302. Identification of proliferation network host countries \n(a) Report \nNot later than 30 days after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees that identifies any country in which manufacturing, brokering, shipment, transshipment, or other significant activity occurs that is related to the transactions carried out by the various elements and entities of the A.Q. Khan nuclear proliferation network. (b) Additional information \nAfter the report is submitted under subsection (a), the President shall submit to the appropriate congressional committees any additional information described in subsection (a) with respect to any country, as such information becomes available.", "id": "HE13CBA418848457BBEBB005D0306A864", "header": "Identification of proliferation network host countries" }, { "text": "303. Suspension of arms sales licenses and deliveries to proliferation network host countries \n(a) Suspension \nUpon submission of the report and any additional information under section 302 to the appropriate congressional committees, the President shall suspend all licenses issued under the Arms Export Control Act, and shall prohibit any licenses to be issued under that Act, to any country identified in the report or additional information, until such time as the President certifies to the appropriate congressional committees that such country— (1) has— (A) fully investigated the activities of any person or entity within its territory that has participated in the Khan nuclear proliferation network; and (B) taken effective steps to permanently halt all such activities; (2) is fully cooperating with the United States in investigating and eliminating the Khan nuclear proliferation network and any successor networks operating within its territory; and (3) has enacted new laws, promulgated decrees or regulations, or established practices designed to prevent future such activities from occurring within its territory. (b) Waiver \nThe President may waive the requirements of subsection (a) in a fiscal year if— (1) the President has certified to the appropriate congressional committees that the waiver is in the vital interest of the national security of the United States; and (2) 5 days have elapsed since making the certification under paragraph (1).", "id": "HF0156D1131DE4D538437DA12BE006C27", "header": "Suspension of arms sales licenses and deliveries to proliferation network host countries" }, { "text": "401. 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) Excess defense article \nThe term excess defense article has the meaning given that term in section 644(g) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(g) ). (3) Foreign person \nThe term foreign person means a person other than a United States person. (4) Items of proliferation concern \nThe term items of proliferation concern means any equipment, materials, or technology that could materially support the research, development, manufacturing, or acquisition by any means of a nuclear explosive device, a chemical or biological weapon, or missile with a payload of 500 kilograms or greater and with a range of 300 kilometers or greater. (5) Non-nuclear weapon state \nThe term non-nuclear weapon state means any state other than the United States, the United Kingdom, France, the Russian Federation, or the People’s Republic of China. (6) Person \nThe term person — (A) means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity, or subsidiary, subunit, or parent entity thereof, and any successor of any such entity; and (B) in the case of a country where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), means all activities of that government relating to the development or production of any nuclear equipment or technology. (7) United states assistance \nThe term United States assistance means assistance under the foreign operations, export financing, and related programs appropriations Act for a fiscal year, and assistance under the Foreign Assistance Act of 1961. (8) United states person \nThe term United States person has the meaning given that term in section 14 of the Iran and Libya Sanctions Act of 1996 ( 22 U.S.C. 1701 note).", "id": "H1BBF806F6DEA4BEC9B5FAED621686DE1", "header": "Definitions" } ]

[ { "text": "1. Repeal of delay in implementation of country of origin labeling requirements of Agricultural Marketing Act of 1946 \nSection 285 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638d ), as amended by section 749 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004 (division A of Public Law 108–199 ), is amended by striking September 30, 2006 and all that follows through the period at the end and inserting September 30, 2004..", "id": "HA593ABC3BEA1449BA1ACBF07496339A3", "header": "Repeal of delay in implementation of country of origin labeling requirements of Agricultural Marketing Act of 1946" } ]

[ { "text": "1. Permanent resident status for Gabriella Dee \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Gabriella Dee shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Waiver of grounds for removal or denial of admission \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Gabriella Dee may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Gabriella Dee by reason of any ground described in paragraph (1). (c) Adjustment of status \nIf Gabriella Dee enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Gabriella Dee, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Gabriella Dee shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HAA1B02A3ED9141879D7457467FB59D9", "header": "Permanent resident status for Gabriella Dee" } ]

[ { "text": "1. Pigment Red 176 \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.54 Pigment Red 176 (CAS No. 12225–06–8) (provided for in subheading 3204.17.04) Free No change No change On or before 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H4A80A1A5C4C842868D25DCBFDE39B036", "header": "Pigment Red 176" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Children’s Health Protection and Improvement Act of 2004.", "id": "H249FACDDA29142B4905316E3F4567C18", "header": "Short title" }, { "text": "2. Changes to rules for redistribution and extended availability of 1998 through 2004 SCHIP allotments \nSection 2104(g) of the Social Security Act ( 42 U.S.C. 1397dd(g) ), as amended by Public Law 108–74 (117 Stat. 892), is amended— (1) in the subsection heading by striking , 1999, 2000, and 2001 and inserting Through 2004 ; and (2) in paragraph (1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i)— (I) by inserting or for fiscal year 2002 by the end of fiscal year 2004, or for fiscal year 2003 by the end of fiscal year 2005, or for fiscal year 2004 by the end of fiscal year 2006, after fiscal year 2003, ; and (II) by striking or 2001 and inserting 2001, 2002, 2003, or 2004 ; (ii) in clause (i)— (I) in subclause (III), by striking or at the end; (II) in subclause (IV), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following: (V) the fiscal year 2002 allotment, the amount specified in subparagraph (E)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (E)(ii) for the State to the amount specified in subparagraph (E)(iii); (VI) the fiscal year 2003 allotment, the amount specified in subparagraph (F)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (F)(ii) for the State to the amount specified in subparagraph (F)(iii); or (VII) the fiscal year 2004 allotment, the amount specified in subparagraph (G)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (G)(ii) for the State to the amount specified in subparagraph (G)(iii). ; and (iii) in clause (ii), by striking or 2001 and inserting 2001, 2002, 2003, or 2004 ; (B) in subparagraph (B)— (i) in clause (ii), by inserting but subject to paragraph (4) after subsection (e) ; (ii) in clause (iii)— (I) by inserting but subject to paragraph (4) after subsection (e) ; and (II) by striking and at the end; (iii) by redesignating clause (iv) as clause (vii); and (iv) by inserting after clause (iii), the following: (iv) notwithstanding subsection (e) but subject to paragraph (4), with respect to fiscal year 2002, shall remain available for expenditure by the State through the end of fiscal year 2006; (v) notwithstanding subsection (e), with respect to fiscal year 2003, shall remain available for expenditure by the State through the end of fiscal year 2007; and (vi) with respect to fiscal year 2004, subsection (e) shall apply; and ; and (C) by adding at the end the following: (E) Amounts used in computing redistributions for fiscal year 2002 \nFor purposes of subparagraph (A)(i)(V)— (i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2002, less the total amount remaining available pursuant to paragraph (2)(A)(v); (ii) the amount specified in this clause for a State is the amount by which the State’s expenditures under this title in fiscal years 2002, 2003, and 2004 exceed the State’s allotment for fiscal year 2002 under subsection (b); and (iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2002, of the amounts specified in clause (ii). (F) Amounts used in computing redistributions for fiscal year 2003 \nFor purposes of subparagraph (A)(i)(VI)— (i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2003, less the total amount remaining available pursuant to paragraph (2)(A)(vi); (ii) the amount specified in this clause for a State is the amount by which the State’s expenditures under this title in fiscal years 2003, 2004, and 2005 exceed the State’s allotment for fiscal year 2003 under subsection (b); and (iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2003, of the amounts specified in clause (ii). (G) Amounts used in computing redistributions for fiscal year 2004 \nFor purposes of subparagraph (A)(i)(VII)— (i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2004, less the total amount remaining available pursuant to paragraph (2)(A)(vii); (ii) the amount specified in this clause for a State is the amount by which the State’s expenditures under this title in fiscal years 2004, 2005, and 2006 exceed the State’s allotment for fiscal year 2004 under subsection (b); and (iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2004, of the amounts specified in clause (ii). ; (3) in paragraph (2)— (A) in the paragraph heading by striking 2001 and inserting 2004 ; and (B) in subparagraph (A)— (i) in clause (i), by striking Of and inserting Subject to paragraph (4), of ; (ii) in clause (ii), by striking Of and inserting Subject to paragraph (4), of ; (iii) in clause (iii), by striking Of and inserting Subject to paragraph (4), of ; (iv) in clause (iv), by striking Of and inserting Subject to paragraph (4), of ; and (v) by adding at the end the following: (v) Fiscal year 2002 allotment \nSubject to paragraph (4), of the amounts allotted to a State pursuant to this section for fiscal year 2002 that were not expended by the State by the end of fiscal year 2004, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2006. (vi) Fiscal year 2003 allotment \nOf the amounts allotted to a State pursuant to this section for fiscal year 2001 that were not expended by the State by the end of fiscal year 2005, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2007. (vii) Fiscal year 2004 allotment \nOf the amounts allotted to a State pursuant to this section for fiscal year 2004 that were not expended by the State by the end of fiscal year 2006, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2007. ; (4) in paragraph (3)— (A) by striking or fiscal year 2001 and inserting fiscal year 2001, fiscal year 2002, fiscal year 2003, or fiscal year 2004, ; and (B) by striking or November 30, 2003, and inserting November 30, 2003, November 30, 2004, November 30, 2005, or November 30, 2006, ; and (5) by adding at the end the following: (4) Additional extended availability of fiscal years 1998 through 2002 allotments \n(A) Fiscal year 1998, 1999, and 2000 allotments \nWith respect to any amounts allotted to a State pursuant to this section for fiscal years 1998, 1999, or 2000 that were redistributed to a State under paragraph (1), or whose availability to a State was extended through the end of fiscal year 2004 under paragraph (2), that were not expended by the State by the end of fiscal year 2004, the following rules shall apply: (i) 30 percent of such amounts shall remain available for expenditure by the State through the end of fiscal year 2007. (ii) The remainder of such amounts shall be redistributed to States that have fully expended the amount of their fiscal year 2002 allotments under this section in the same ratio as unexpended fiscal year 2002 allotments are redistributed under paragraph (1)(A)(i)(V) to such States and the amounts redistributed under this clause shall remain available for expenditure through the end of fiscal year 2007. (B) Fiscal year 2001 allotments \nWith respect to any amounts allotted to a State pursuant to this section for fiscal year 2001 that were redistributed to a State under paragraph (1), or whose availability to a State was extended through the end of fiscal year 2005 under paragraph (2), that were not expended by the State by the end of fiscal year 2005, the following rules shall apply: (i) 30 percent of such amounts shall remain available for expenditure by the State through the end of fiscal year 2007. (ii) The remainder of such amounts shall be redistributed to States that have fully expended the amount of their fiscal year 2003 allotments in the same ratio as unexpended fiscal year 2003 allotments are redistributed under paragraph (1)(A)(i)(VI) to such States and the amounts redistributed under this clause shall remain available for expenditure through the end of fiscal year 2007. (C) Fiscal year 2002 allotments \nWith respect to any amounts allotted to a State pursuant to this section for fiscal year 2002 that were redistributed to a State under paragraph (1), or whose availability to a State was extended through the end of fiscal year 2006 under paragraph (2), that were not expended by the State by the end of such fiscal year, the following rules shall apply: (i) 30 percent of those amounts shall remain available for expenditure by the State through the end of fiscal year 2007. (ii) The remainder of such amounts shall be redistributed to States that have fully expended the amount of their fiscal year 2004 allotments in the same ratio as unexpended fiscal year 2004 allotments are redistributed under paragraph (1)(A)(i)(VII) to such States and the amounts redistributed under this clause shall remain available for expenditure through the end of fiscal year 2007..", "id": "H12EAF60AAB024B7CB506A831EA7678EC", "header": "Changes to rules for redistribution and extended availability of 1998 through 2004 SCHIP allotments" }, { "text": "3. Continued authority for qualifying States to use certain funds for medicaid expenditures \nSection 2105(g)(1)(A) of the Social Security Act ( 42 U.S.C. 1397ee(g)(1)(A) ), as added by Public Law 108–74 (117 Stat. 895) and amended by Public Law 108–127 (117 Stat. 134), is amended by striking or 2001 and inserting 2001, 2002, 2003 or 2004.", "id": "H93AA9C4F32ED45038CFE88101FA6D76", "header": "Continued authority for qualifying States to use certain funds for medicaid expenditures" } ]

[ { "text": "1. Permanent reenactment of chapter 12 \n(a) Reenactment \nChapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act , 1999 ( Public Law 105–277 ), is reenacted. (b) Conforming amendment \nSection 302 of the Bankruptcy, Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 ( 28 U.S.C. 581 note) is amended by striking subsection (f).", "id": "H993C27FD6246478E85F4BAB850489EB4", "header": "Permanent reenactment of chapter 12" }, { "text": "2. Effective date \nThis Act and the amendment made by this Act shall take effect on January 1, 2004.", "id": "H03D9ECE09916435686695B548CBECA1B", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Ronald Reagan Memorial Stem Cell Research Act of 2004.", "id": "HC77167F9FDC54A9AA870BE007C134DC", "header": "Short title" }, { "text": "2. Authority for Federal support of research using human stem cells \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall in accordance with this section conduct and support research using human pluripotent stem cells. (b) Conditions for funding of research; compliance with 2000 NIH final guidelines \nA condition for the conduct or support of research under subsection (a) is that the research be conducted in compliance with the final guidelines regarding such research that were issued by the National Institutes of Health and published in the Federal Register on August 25, 2000 (65 FR 51976 et seq.), including provisions regarding informed consent and provisions regarding areas of research that are ineligible for funding. The preceding sentence applies without regard to any Federal administrative policies regarding such research established after the publication of such guidelines, including restrictions on the sources of human pluripotent stem cells. (c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $87,000,000 for fiscal year 2005, and such sums as may be necessary for each subsequent fiscal year.", "id": "H972819C3DCF24AF09EAB2E42F48E1E8", "header": "Authority for Federal support of research using human stem cells" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Utah Recreational Lands Exchange Act.", "id": "H0BCD24B4825C48A380952DE17209E3A3", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds and declares that— (1) Areas surrounding the Colorado River in Grand County, Utah, Dinosaur National Monument in Uintah County, Utah, and the Book Cliffs area of Uintah County, Utah, contain nationally recognized scenic values, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually. (2) In these areas, the State of Utah owns multiple parcels of lands granted by Congress to the State pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State’s public school system and other public institutions. The lands are largely scattered in checkerboard fashion amid the Federal lands comprising the remainder of the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas. (3) These State trust lands were granted for the purpose of generating financial support for Utah's public schools through sale or development of natural resources, and the lands are held in trust under State and Federal law for the benefit of the public school system of the State and other beneficiary institutions. (4) State trust lands in the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas contain significant natural and recreational values, including portions of Westwater Canyon of the Colorado River, the nationally-recognized Kokopelli and Slickrock trails, several of the largest natural rock arches in the United States, multiple wilderness study areas and proposed wilderness areas, and viewsheds for Arches National Park and Dinosaur National Monument. (5) The large presence of State trust lands located within the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas make land and resource management in the areas more difficult, costly, and controversial for both the State of Utah and the United States. (6) Development of Utah State trust lands in these areas in accordance with the purpose for which the lands were granted could be incompatible with management of such areas for recreational, natural, and scenic values. (7) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange without jeopardizing Federal management objectives or needs. (8) It is in the public interest to enact legislation authorizing an exchange of other federally owned lands in Utah for the Utah State trust lands located within the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas, on terms fair to the State of Utah and the United States. (b) Purpose \nIt is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange described herein in order to further the public interest by disposing of Federal lands with limited recreational and conservation values and acquiring in exchange therefore State trust lands with important recreational, scenic, and conservation values for permanent public management and use.", "id": "H4403A0DD51C744B6A025EDC4E0834B32", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act: (1) Offered lands \nThe term Offered Lands means the Utah State school trust lands described in section 4(b) to be conveyed to the United States under this Act. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (3) Selected lands \nThe term Selected Lands means the public lands described in section 4(c) to be conveyed to the State under this Act. (4) State \nThe term State means the State of Utah.", "id": "H45E185D52A474C2BA6B89DB000BF00F4", "header": "Definitions" }, { "text": "4. Land exchange \n(a) Condition \nThe exchange directed by this section shall be consummated if, not later than 30 days after the date of enactment of this Act, the State offers to transfer to the United States the Offered Lands. (b) Conveyance of offered lands by state \nIn accordance with this Act, the State shall convey to the United States by State patent acceptable to the Secretary, subject to valid existing rights, all right, title, and interest of the State in and to the following Offered Lands: (1) Certain land comprising approximately ____ acres and located in the Colorado River corridor in Grand County, Utah, as generally depicted on a map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (2) Certain land comprising approximately ____ acres and located in the vicinity of Dinosaur National Monument in Uintah County, Utah, also as generally depicted on the map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (3) Certain land comprising approximately ____ acres and located in the Book Cliffs area of Uintah County, Utah, also as generally depicted on the map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (c) Conveyance of selected land by the United States \nAt the time of receipt of title to the Offered Lands, the Secretary shall simultaneously convey to the State all right, title, and interest of the United States, subject to valid existing rights, in and to certain land comprising approximately ______ acres and located in Grand and Uintah Counties, Utah, as generally depicted on a map entitled Utah Recreational Land Exchange Selected Lands , dated October 2004.", "id": "H55D5634163D14B7C901B0797319CFEF2", "header": "Land exchange" }, { "text": "5. Exchange valuation, appraisals, and equalization \n(a) Equal value exchange \nThe values of the Offered Lands and Selected Lands— (1) shall be approximately equal; or (2) if the values are not approximately equal, values shall be made approximately equal in accordance with subsection (e) or (f). (b) Appraisals \nThe values of the Offered Lands and Selected Lands shall be determined by appraisals using comparable sales of surface and subsurface property and nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ) and its implementing regulations. The appraisals of the Offered Lands and the Selected Lands shall consider all otherwise comparable public and private sales without regard to whether such lands were acquired for conservation or preservation purposes, or the governmental or non-profit status of the entity making the acquisition. If value is attributed to minerals subject to lease under Federal mineral leasing laws, then such value shall be proportionately adjusted to reflect Federal mineral revenue sharing, upon the condition that the Utah School and Institutional Trust Lands Administration shall assume the revenue sharing obligation of the United States with respect to that land. (c) Appraisals; review by secretary and state \nThe State shall contract for appraisals of the Offered Lands and the Selected Lands with an independent third-party appraiser or appraisers jointly selected from a list approved by both the State and the Secretary. The list shall be approved not later than 30 days after the State offers the Offered Lands in accordance with subsection (a). Completed appraisals shall be submitted to the Secretary and the State for review not later than 120 days after selection of the appraisers. (d) Resolution of disagreement \nThe Secretary and the State shall independently review and approve or disapprove appraisals submitted pursuant to subsection (c) not later than 90 days after receipt of such appraisals. If the Secretary and the State are unable to agree on the value of a parcel of land, the value may, by mutual agreement, be determined in accordance with the methods set forth in sections 206(d)(2) and 206(d)(4) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) , (4)). If, one year after the date of the enactment of this Act, the parties have not agreed upon the value of any parcel or parcels involved in the exchange, any appropriate United States District Court, including the United States District Court for the District of Utah, Central Division, shall have jurisdiction to hear, determine, and render judgment on the value of such lands. No action provided for in this subsection may be filed with the Court sooner than 1 year or later than 3 years after the date of the enactment of this Act. (e) Equalization if surplus of offered lands \nIn general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Offered Lands exceeds the final value of the Selected Lands the Secretary shall delete Offered Lands from the exchange until the values are approximately equal. (f) Equalization if surplus of selected land \nIn general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Selected Lands exceeds the final value of the Offered Lands— (1) the State and the Secretary may mutually agree to delete lands from the Selected Lands until the values are approximately equal; or (2) the State and the Secretary may mutually agree to add additional State trust lands to the Offered Lands, provided the additional lands have been previously appraised pursuant to an ongoing Federal acquisition process or program and the appraised value has been accepted by the Secretary.", "id": "H7A1CB9B2267E4AFB91387F16DBE0FF35", "header": "Exchange valuation, appraisals, and equalization" }, { "text": "6. Miscellaneous provisions \n(a) Land status \n(1) Administration of lands acquired by united states \nIn accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(c) ), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary become part of and be managed as part of the administrative unit or area within which they are located. The payment of mineral revenues from the acquired lands shall be subject to the provisions of section 35 of the Mineral Leasing Act ( 30 U.S.C. 2191 ). (2) Withdrawal of selected land \nSubject to valid existing rights, the Federal lands described in subsection (c)(2) are hereby withdrawn from disposition under the public land laws and from location, entry, and patent under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, from operation of the Geothermal Steam Act of 1970, and from the operation of the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (b) Grazing permits \n(1) In general \nOn all lands exchanged under this Act, the party acquiring title to such lands shall honor, for the remainder of the applicable term, all leases, permits, and contracts for the grazing of domestic livestock, and the related terms and conditions of user agreements on exchanged lands, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. Upon expiration of any lease or permit, the holder shall be entitled to a preference right to renew such lease or permit to the extent provided by Federal or State law. Nothing in this Act shall prevent the State from canceling any grazing permit when the underlying land is sold, conveyed, transferred, or leased for nongrazing purposes by the State. (2) Base properties \nIn any instance where lands conveyed by the State under this Act are used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, such lands shall continue to qualify as base properties for the remaining term of the lease or permit and any renewal or extensions thereof. (c) Hazardous materials \nThe Secretary and, as a condition of the exchange, the State shall make available for review and inspection all pertinent records relating to hazardous materials (if any) on the lands to be exchanged pursuant to this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. (d) Timing \nThe land exchange authorized under this Act shall be complete not later than 330 days after the date on which the State makes the Secretary an offer to exchange under section 4(a), unless the Secretary and the State agree to extend the date of the completion of the land exchange. (e) Provisions relating to federal lands \nThe enactment of this Act shall be construed as satisfying the provisions of section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(a) ) requiring that exchanges of lands be in the public interest.", "id": "H49F0117BAA834A47A62E31C66C73D937", "header": "Miscellaneous provisions" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Texas \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in Texas \nNo part of the MSA is in Texas..", "id": "H7FAAB83D8468403E87E459283CC09643", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Texas" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Southern California Groundwater Remediation Act.", "id": "HB9496400485543CBB7A252E625F4CC78", "header": "Short title" }, { "text": "2. Definitions \nFor the purposes of this Act: (1) Groundwater remediation \nThe term groundwater remediation means actions that are necessary to prevent, minimize, clean up, or mitigate damage to groundwater. (2) Local water authority \nThe term local water authority means a currently existing (on the the date of the enactment of this Act) public water district, public water utility, public water planning agency, municipality, or Indian Tribe located within the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. (3) Remediation fund \nThe term Remediation Fund means the Southern California Basins Groundwater Remediation Fund established pursuant to section 3(a). (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H721C652FA5344DCBA547E35409EBB31F", "header": "Definitions" }, { "text": "3. Southern California basins remediation \n(a) Southern California Basins Remediation \n(1) Establishment of remediation fund \nThere shall be established within the Treasury of the United States an interest bearing account to be known as the Southern California Basins Groundwater Remediation Fund. (2) Administration of remediation fund \nThe Remediation Fund shall be administered by the Secretary, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund \n(A) In general \nSubject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation \n(i) In general \nThe Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a groundwater remediation project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-federal responsibility \nEach local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-federal share \nFor purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including— (I) all expenditures made by non-Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses, and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project. (b) Compliance with Applicable Law \nIn carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws. (c) Relationship to Other Activities \nNothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the groundwater the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities. (d) Financial Statements and Audits \nThe Secretary shall ensure that all funds obligated and disbursed under this Act and expended by a local water authority, are accounted for in accordance with generally accepted accounting principles and are subjected to regular audits in accordance with applicable procedures, manuals, and circulars of the Department of the Interior and the Office of Management and Budget. (e) Authorization of Appropriations \nThere is authorized to be appropriated to the Remediation such sums as may be necessary to carry out the purposes of this Act to remain available until expended.", "id": "HD6AA62D6F0224975BF7B5543009F69AB", "header": "Southern California basins remediation" } ]

[ { "text": "1. Correction period for certain transactions involving securities and commodities \n(a) Amendment of Employee Retirement Income Security Act of 1974 \nSection 408(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new paragraph: (14) (A) Except as provided in subparagraphs (B) and (C), a transaction described in section 406(a) in connection with the acquisition, holding, or disposition of any security or commodity, if the transaction is corrected before the end of the correction period. (B) Subparagraph (A) does not apply to any transaction between a plan and a plan sponsor or its affiliates that involves the acquisition or sale of an employer security (as defined in section 407(d)(1)) or the acquisition, sale, or lease of employer real property (as defined in section 407(d)(2)). (C) In the case of any fiduciary or other party in interest (or any other person knowingly participating in such transaction), subparagraph (A) does not apply to any transaction if, at the time the transaction occurs, such fiduciary or party in interest (or other person) knew (or reasonably should have known) that the transaction would (without regard to this paragraph) constitute a violation of section 406(a). (D) For purposes of this paragraph, the term correction period means, in connection with a fiduciary or party in interest (or other person knowingly participating in the transaction), the 14-day period beginning on the date on which such fiduciary or party in interest (or other person) discovers, or reasonably should have discovered, that the transaction would (without regard to this paragraph) constitute a violation of section 406(a). (E) For purposes of this paragraph— (i) The term security has the meaning given such term by section 475(c)(2) of the Internal Revenue Code of 1986 (without regard to subparagraph (F)(iii) and the last sentence thereof). (ii) The term commodity has the meaning given such term by section 475(e)(2) of such Code (without regard to subparagraph (D)(iii) thereof). (iii) The term correct means, with respect to a transaction, to undo the transaction to the extent possible, but in any case to make good to the plan or affected account any losses resulting from the transaction and to restore to the plan or affected account any profits made through the use of assets of the plan.. (b) Amendment of Internal Revenue Code of 1986 \n(1) In general \nSubsection (d) of section 4975 of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking or at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , or , and by adding at the end the following new paragraph: (16) except as provided in subsection (f)(7), a transaction described in subparagraph (A), (B), (C), or (D) of subsection (c)(1) in connection with the acquisition, holding, or disposition of any security or commodity, if the transaction is corrected before the end of the correction period.. (2) Special rules relating to correction period \nSubsection (f) of section 4975 of such Code (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: (7) Correction period \n(A) In general \nFor purposes of subsection (d)(16), the term correction period means the 14-day period beginning on the date on which the disqualified person discovers, or reasonably should have discovered, that the transaction would (without regard to this paragraph and subsection (d)(16)) constitute a prohibited transaction. (B) Exceptions \n(i) Employer securities \nSubsection (d)(16) does not apply to any transaction between a plan and a plan sponsor or its affiliates that involves the acquisition or sale of an employer security (as defined in section 407(d)(1)) or the acquisition, sale, or lease of employer real property (as defined in section 407(d)(2)). (ii) Knowing prohibited transaction \nIn the case of any disqualified person, subsection (d)(16) does not apply to a transaction if, at the time the transaction is entered into, the disqualified person knew (or reasonably should have known) that the transaction would (without regard to this paragraph) constitute a prohibited transaction. (C) Abatement of tax where there is a correction \nIf a transaction is not treated as a prohibited transaction by reason of subsection (d)(16), then no tax under subsection (a) and (b) shall be assessed with respect to such transaction, and if assessed the assessment shall be abated, and if collected shall be credited or refunded as an overpayment. (D) Definitions \nFor purposes of this paragraph and subsection (d)(16)— (i) Security \nThe term security has the meaning given such term by section 475(c)(2) (without regard to subparagraph (F)(iii) and the last sentence thereof). (ii) Commodity \nThe term commodity has the meaning given such term by section 475(e)(2) (without regard to subparagraph (D)(iii) thereof). (iii) Correct \nThe term correct means, with respect to a transaction, to undo the transaction to the extent possible, but in any case to make good to the plan or affected account any losses resulting from the transaction and to restore to the plan or affected account any profits made through the use of assets of the plan.. (c) Effective date \nThe amendments made by this section shall apply to any transaction which the fiduciary or disqualified person discovers, or reasonably should have discovered, after the date of the enactment of this Act constitutes a prohibited transaction.", "id": "HDD7BC70AD2D940FA80FCA3E32B81D750", "header": "Correction period for certain transactions involving securities and commodities" } ]

[ { "text": "1. Certain educational toys and devices \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: 9902.85.43 Educational toys and devices (provided for in subheading 8543.89.96) 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": "HDB6EA77FB0DC448185A880313BEA58A0", "header": "Certain educational toys and devices" } ]

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

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

[ { "text": "1. Treatment of conservation reserve program payments as rentals from real estate \n(a) Internal Revenue Code \nSection 1402(a)(1) of the Internal Revenue Code of 1986 (defining net earnings from self-employment) is amended by inserting and including payments under section 1233(2) of the Food Security Act of 1985 ( 16 U.S.C. 3833(2) ) after crop shares. (b) Social Security Act \nSection 211(a)(1) of the Social Security Act is amended by inserting and including payments under section 1233(2) of the Food Security Act of 1985 ( 16 U.S.C. 3833(2) ) after crop shares. (c) Effective date \nThe amendments made by this section shall apply to payments made after the date of the enactment of this Act.", "id": "H896237025170497CB6B188003186911D", "header": "Treatment of conservation reserve program payments as rentals from real estate" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Reverend Oliver L. Brown Congressional Gold Medal Act.", "id": "H250038405A2447CBA9948B32D32EC0E2", "header": "Short Title" }, { "text": "2. Findings \nThe Congress finds that— (1) Oliver L. Brown is the namesake of the landmark United States Supreme Court decision of 1954, Brown v. Board of Education (347 U.S. 483, 1954); (2) Oliver L. Brown is honored as the lead plaintiff in the Topeka, Kansas case which posed a legal challenge to racial segregation in public education; (3) by 1950, African-American parents began to renew their efforts to challenge State laws that only permitted their children to attend certain schools, and as a result, they organized through the National Association for the Advancement of Colored People (the NAACP), an organization founded in 1909 to address the issue of the unequal and discriminatory treatment experienced by African-Americans throughout the country; (4) Oliver L. Brown became part of the NAACP strategy led first by Charles Houston and later by Thurgood Marshall, to file suit against various school boards on behalf of such parents and their children; (5) Oliver L. Brown was a member of a distinguished group of plaintiffs in cases from Kansas (Brown v. Board of Education), Delaware (Gebhart v. Belton), South Carolina (Briggs v. Elliot), and Virginia (Davis v. County School Board of Prince Edward County) that were combined by the United States Supreme Court in Brown v. Board of Education, and in Washington, D.C. (Bolling v. Sharpe), considered separately by the Supreme Court with respect to the District of Columbia; (6) with respect to cases filed in the State of Kansas— (A) there were 11 school integration cases dating from 1881 to 1949, prior to Brown v. Board of Education in 1954; (B) in many instances, the schools for African-American children were substandard facilities with out-of-date textbooks and often no basic school supplies; (C) in the fall of 1950, members of the Topeka, Kansas chapter of the NAACP agreed to again challenge the separate but equal doctrine governing public education; (D) on February 28, 1951, the NAACP filed their case as Oliver L. Brown et al. v. The Board of Education of Topeka, Kansas (which represented a group of 13 parents and 20 children); (E) the district court ruled in favor of the school board and the case was appealed to the United States Supreme Court; (F) at the Supreme Court level, the case was combined with other NAACP cases from Delaware, South Carolina, Virginia, and Washington, D.C. (which was later heard separately); and (G) the combined cases became known as Oliver L. Brown et al. v. The Board of Education of Topeka, et al.; (7) with respect to the Virginia case of Davis et al. v. Prince Edward County Board of Supervisors— (A) one of the few public high schools available to African-Americans in the State of Virginia was Robert Moton High School in Prince Edward County; (B) built in 1943, it was never large enough to accommodate its student population; (C) the gross inadequacies of these classrooms sparked a student strike in 1951; (D) the NAACP soon joined their struggles and challenged the inferior quality of their school facilities in court; and (E) although the United States District Court ordered that the plaintiffs be provided with equal school facilities, they were denied access to the schools for white students in their area; (8) with respect to the South Carolina case of Briggs v. R.W. Elliott— (A) in Clarendon County, South Carolina, the State NAACP first attempted, unsuccessfully and with a single plaintiff, to take legal action in 1947 against the inferior conditions that African-American students experienced under South Carolina’s racially segregated school system; (B) by 1951, community activists convinced African-American parents to join the NAACP efforts to file a class action suit in United States District Court; (C) the court found that the schools designated for African-Americans were grossly inadequate in terms of buildings, transportation, and teacher salaries when compared to the schools provided for white students; and (D) an order to equalize the facilities was virtually ignored by school officials, and the schools were never made equal; (9) with respect to the Delaware cases of Belton v. Gebhart and Bulah v. Gebhart— (A) first petitioned in 1951, these cases challenged the inferior conditions of 2 African-American schools; (B) in the suburb of Claymont, Delaware, African-American children were prohibited from attending the area’s local high school, and in the rural community of Hockessin, Delaware, African-American students were forced to attend a dilapidated 1-room schoolhouse, and were not provided transportation to the school, while white children in the area were provided transportation and a better school facility; (C) both plaintiffs were represented by local NAACP attorneys; and (D) though the State Supreme Court ruled in favor of the plaintiffs, the decision did not apply to all schools in Delaware; (10) with respect to the District of Columbia case of Bolling, et al. v. C. Melvin Sharpe, et al.— (A) 11 African-American junior high school students were taken on a field trip to Washington, D.C.’s new John Philip Sousa School for white students only; (B) the African-American students were denied admittance to the school and ordered to return to their inadequate school; and (C) in 1951, a suit was filed on behalf of the students, and after review with the Brown case in 1954, the United States Supreme Court ruled that segregation in the Nation’s capital was unconstitutional; (11) on May 17, 1954, at 12:52 p.m., the United States Supreme Court ruled that the discriminatory nature of racial segregation violates the 14th Amendment to the Constitution, which guarantees all citizens equal protection of the laws ; (12) the decision in Brown v. Board of Education set the stage for dismantling racial segregation throughout the country; (13) the quiet courage of Oliver L. Brown and his fellow plaintiffs asserted the right of African-American people to have equal access to social, political, and communal structures; (14) our country is indebted to the work of the NAACP Legal Defense and Educational Fund, Inc., Howard University Law School, the NAACP, and the individual plaintiffs in the cases considered by the Supreme Court; (15) Reverend Oliver L. Brown died in 1961, and because the landmark United States Supreme Court decision bears his name, he is remembered as an icon for justice, freedom, and equal rights; and (16) the national importance of the Brown v. Board of Education decision had a profound impact on American culture, affecting families, communities, and governments by outlawing racial segregation in public education, resulting in the abolition of legal discrimination on any basis.", "id": "H1FD1C90DB7ED4CD997063B8FD5F90753", "header": "Findings" }, { "text": "3. Congressional gold medal \n(a) Presentation authorized \n(1) In general \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of the Reverend Oliver L. Brown, in recognition of his and his fellow plaintiffs’ enduring contributions to civil rights and American society. (2) Display \nThe medal presented under paragraph (1) shall be maintained and displayed at the Brown Foundation of Topeka, Kansas. (b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "HCC9EA7F818594D78B8EC827E456015B4", "header": "Congressional gold medal" }, { "text": "4. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.", "id": "H24AA40B099714C769458CB30BEA60827", "header": "Duplicate medals" }, { "text": "5. Status of medals \n(a) National medals \nThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "H3FC213DFDADC4C2E9177D9277EEC4828", "header": "Status of medals" }, { "text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "H4D58537D614944AD80B51EC94F4351C3", "header": "Authority to use fund amounts; proceeds of sale" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Personal Data Offshoring Protection Act of 2004.", "id": "H7877E2FD8D5A483B832F1F014253C274", "header": "Short title" }, { "text": "2. Definitions \nAs used in this Act, the following definitions apply: (1) Business enterprise \nThe term business enterprise means any organization, association, or venture established to make a profit, or any private, nonprofit organization that collects or retains personally identifiable information. (2) Country with adequate privacy protection \nThe term country with adequate privacy protection means a country that has been certified by the Federal Trade Commission as having a legal system that provides adequate privacy protection for personally identifiable information. (3) Personally identifiable information \nThe term personally identifiable information includes information such as— (A) name; (B) postal address; (C) financial information; (D) medical records; (E) date of birth; (F) phone number; (G) e-mail address; (H) social security number; (I) mother’s maiden name; (J) password; (K) state identification information; (L) driver’s license number; (M) personal tax information; and (N) any consumer transactional or experiential information relating to the person. (4) Transmit \nThe term transmit or transmission means the use of any instrumentality of interstate commerce, including the mails or any electronic means, to transfer information or to provide access to such information via the Internet or any comparable telecommunications system.", "id": "HB689CB6C63CA4971AEB072B89E634275", "header": "Definitions" }, { "text": "3. Protection of Personally Identifiable Information From Unauthorized transmission \n(a) In general \nA business enterprise may transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country with adequate privacy protection, provided that the citizen has been provided prior notice that such information may be transmitted to such a foreign affiliate or subcontractor and has not objected to such transmission. (b) Opt-in Consent required for Countries without adequate privacy protection \nA business enterprise may not transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country without adequate privacy protection unless— (1) the business enterprise discloses to the citizen that the country to which the information will be transmitted does not have adequate privacy protection; (2) the business enterprise obtains consent from the citizen, before a consumer relationship is established or before the effective date of this Act, to transmit such information to such foreign affiliate or subcontractor; and (3) the consent referred to in paragraph (2) is renewed by the citizen within 1 year before such information is transmitted. (c) Prohibition on refusal to provide services \nA business enterprise shall not deny the provision of any good or service to, nor change the terms of or refuse to enter into a business relationship with any person based upon that person’s exercise of the consent rights provided for in this Act or in any other applicable law.", "id": "H127931758AAE4534B3FCA1D805DB0CA", "header": "Protection of Personally Identifiable Information From Unauthorized transmission" }, { "text": "4. Enforcement by the Federal Trade Commission \n(a) Unfair and deceptive act or practice \nA violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Enforcement 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.", "id": "H4FC9B63288F440FFA8C5EF7BD26F092E", "header": "Enforcement by the Federal Trade Commission" }, { "text": "5. Civil remedies \n(a) Private right of action \nA person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State— (1) an action based on a violation of this Act or the regulations prescribed pursuant to this Act to enjoin such violation; (2) an action to recover for actual monetary loss from such a violation, or to receive $10,000 in damages for each such violation, whichever is greater, or (3) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (2). (b) Actions by States \n(1) Authority of States \nWhenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a violation of this Act or the regulations prescribed pursuant to this Act, the State may bring a civil action on behalf of its residents to enjoin such violation, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated this Act or regulations prescribed pursuant to this Act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. (2) Exclusive jurisdiction of Federal courts \nThe district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this Act or regulations prescribed pursuant to this Act, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. (3) Notice to an intervention of federal Trade Commission \nThe State bringing a civil action under this section shall serve prior written notice of any such civil action upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right— (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (4) Venue; service of process \nAny civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. (5) Investigatory powers \nFor purposes of bringing any civil action under this subsection, nothing in this Act shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (6) Effect on state court proceedings \nNothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. (7) Limitation \nWhenever the Federal Trade Commission has instituted a civil action for violation of this Act or the regulations prescribed pursuant to this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission’s complaint for any violation as alleged in the Commission’s complaint.", "id": "H9A9FA7C3B07B4383BBA6CE77EFA0CD94", "header": "Civil remedies" }, { "text": "6. Certification of countries with adequate privacy protection \n(a) In general \nNot later than 6 months after the date of enactment of this Act, the Federal Trade Commission, after providing notice and opportunity for public comment, shall— (1) certify those countries that have legal systems that provide adequate privacy protection for personally identifiable information; and (2) make the list of countries certified under paragraph (1) available to the general public. (b) Certification criteria \n(1) In general \nIn determining whether a country should be certified under this section, the Federal Trade Commission shall consider the adequacy of the country’s infrastructure for detecting, evaluating, and responding to privacy violations. (2) Presumption \nThe Commission shall presume that a country’s privacy protections are inadequate if they are any less protective of personally identifiable information than those afforded under Federal law or under the laws of any State, or if the Commission determines that such country’s laws are not adequately enforced. (c) European Union Date Protection Directive \nA country that has comprehensive privacy laws that meet the requirements of the European Union Data Protection Directive shall be certified under this section unless the Federal Trade Commission determines that such laws are not commonly enforced within such country.", "id": "HD40A7E65933C410A9937075104E3BF67", "header": "Certification of countries with adequate privacy protection" }, { "text": "7. Effective Date \nSection 6 of this Act shall take effect on the date of enactment of this Act. Sections 2 through 5 of this Act shall take effect 60 days after the the completion of the certification required by section 6.", "id": "H57727DE0A1504E39BD62E8E253B4AD43", "header": "Effective Date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Terrorism Risk Insurance Program Extension Act of 2004.", "id": "H59B95AA3972D410A9ED543878E410115", "header": "Short title" }, { "text": "2. Program years \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. (G) Final program year \nThe term Final Program Year means the period beginning on January, 1, 2008 and ending on December 31, 2008..", "id": "H76421133141E44FFBA4948F32BD8A6CE", "header": "Program years" }, { "text": "3. Applicability of program to final program year \nParagraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and realigning such paragraphs, as so redesignated, so as to be indented 6 ems from the left margin; (2) by striking all of the matter that precedes subparagraph (A) and inserting the following: (5) Insured loss \n(A) In general \nThe term insured loss means any loss resulting from an act of terrorism (including an act of war, in the case of workers' compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if such loss— ; and (3) by adding at the end the following new subparagraph: (B) Final program year \nWith respect to the Final Program Year, such term means only such losses as are described in subparagraph (A) that are covered by primary or excess property and casualty insurance that— (i) is issued before January 1, 2008; and (ii) expires not later than December 31, 2008..", "id": "HD2678BED361E45D8A7BD8DC953F6E400", "header": "Applicability of program to final program year" }, { "text": "4. 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 striking subparagraph (D) and inserting the following new subparagraph: (D) for Program Years 3, 4, and 5, the value of an insurer’s direct earned premiums over the calendar year immediately preceding such Program Year, multiplied by 15 percent; ; (2) in subparagraph (E)— (A) by striking or Program Year 3 and inserting Program Year 3, Program Year 4, or Program Year 5 ; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) for the Final Program Year, the value of an insurer's direct earned premiums for the terms remaining under any policies for insurance described in paragraph (5)(B) as of the occurrence of the act of terrorism during such Year that results in insured losses, as determined by the Secretary, multiplied by 15 percent..", "id": "HAEBF42C0211D4EE6AA520799A33B22F6", "header": "Insurer deductible" }, { "text": "5. 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 period beginning on the first day of the Transition Period and ending on the last day of Program Year 5, 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.", "id": "H20753009D90849BCBF48FF53C9899EA3", "header": "Mandatory availability" }, { "text": "6. 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, Program Year 5, or the Final Program Year ; (2) in paragraph (3), by striking or Program Year 3 and inserting , Program Year 3, Program Year 4, Program Year 5, or the Final Program Year ; and (3) in paragraph (6)(C), by striking Program Year 3 and inserting each of Program Year 3, Program Year 4, Program Year 5, and the Final Program Year.", "id": "H0366A87E5A414E478F81A2D441D4C936", "header": "Insured loss shared compensation" }, { "text": "7. Coverage of group life insurance \n(a) In General \nSection 102(5) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting or group life insurance after property and casualty insurance. (b) Technical and Conforming Amendments \nThe Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) in section 102(1)(B)(ii), by inserting and group life insurance after property and casualty insurance ; (2) in section102(4), by inserting or group life insurance after property and casualty insurance ; (3) in section 102(6)(B), by inserting or group life insurance coverage after property and casualty insurance coverage ; (4) in section 102(12)(B)(v), by striking including group life insurance and inserting (except that this exclusion from the definition under this paragraph shall not be construed as affecting the inclusion of group life insurance coverage within the Program under this title) ; (5) in section 103(e)(8)(A)(i), by inserting and group life insurance policies after property and casualty insurance policies ; (6) in subparagraphs (A)(iii) and (C) of section 103(e)(8), by inserting , or group life insurance coverage, as the case may be, after property and casualty insurance coverage ; (7) in section 103— (A) by striking subsection (h); and (B) by redesignating subsection (i) as subsection (h); and (8) in paragraph (1) of section 108(d), by inserting and the group life insurance industry after property and casualty insurance industry.", "id": "H220648BD85254175BCB1ACF152ECEB02", "header": "Coverage of group life insurance" }, { "text": "8. Termination of program \nSection 108 of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended— (1) in subsection (a), striking December 31, 2005 and inserting December 31, 2008 ; and (2) in subsection (d), by adding at the end the following new paragraph: (3) Final gao study and report \nThe Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study..", "id": "HDC24315F86E94FC49FD359C8C2AFD9C0", "header": "Termination of program" } ]

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

[ { "text": "1. Deduction for certain expenses of elementary and secondary school teachers \n(a) In general \nSubparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain expenses of elementary and secondary school teachers) is amended to read as follows: (D) Certain expenses of elementary and secondary school teachers \nIn the case of taxable years beginning before 2015, the deductions allowed by section 162 which consist of expenses, not in excess of the applicable amount, paid or incurred by an eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom.. (b) Definitions \nSubsection (d) of section 62 of such Code (relating to definition; special rules) is amended to read as follows: (d) Definitions \nFor purposes of subsection (a)(2)(D) and this subsection— (1) Applicable amount \nThe term applicable amount means— (A) $500 in the case of a full-time educator, and (B) $250 in any other case. (2) Eligible educator \nThe term eligible educator means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 450 hours during a school year which ends during such taxable year. (3) Full-time educator \nThe term full-time educator means, with respect to any taxable year, an individual who for such taxable year satisfies the requirements of paragraph (2) applied by substituting 900 hours for 450 hours therein. (4) School \nThe term school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H795516985BCE4B8F8FA096029000001B", "header": "Deduction for certain expenses of elementary and secondary school teachers" } ]

[ { "text": "1. Name of Department of Veterans Affairs medical center in Amarillo, Texas \nThe Department of Veterans Affairs medical center in Amarillo, Texas, shall after the date of the enactment of this Act be known and designated as the Thomas E. Creek Department of Veterans Affairs Medical Center. Any reference to that medical center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Thomas E. Creek Department of Veterans Affairs Medical Center.", "id": "H3ADB0EDE79824DFDB6C485AE2BF3587D", "header": "Name of Department of Veterans Affairs medical center in Amarillo, Texas" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Majority Vote Act of 2004.", "id": "H2B105D4F509746539565354B6426CB92", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) In some general elections the majority of voters split their votes between two similar candidates letting a third candidate, supported only by a minority of the electorate, win the election, thus denying the will of a majority of the voters. (2) In other general elections the majority of voters split their votes between two dissimilar candidates, letting a third candidate, supported by an even smaller minority of the electorate, determine the election victor, and again denying the will of a majority of the voters. (3) The simple plurality winner system used in most general elections for Federal office creates an incentive for candidates to engage in negative campaigning. (4) The principle of majority rule is violated when the majority does not choose the winner of an election, and denies the winner a mandate to govern. (5) A simple solution to this problem of non majority winners is to require the winner of an election to earn a majority of votes. (6) Instant runoff voting, as used in Utah Republican Party primaries, Ireland, Australia, and London, requires the winner of an election to earn a majority of votes. Voters rank candidates in case their favorite candidate is eliminated, and the votes of the candidate’s supporters count for their second choice in a runoff round. This process continues until one candidate earns a majority of votes. (7) By allowing voters to rank candidates, rather than choose just one, candidates are encouraged to engage in positive campaigning in order to receive a higher ranking from their opponents' supporters. (8) There is increased interest in instant runoff voting. For example, the system has been approved for use by voters in San Francisco, California, beginning with the 2004 municipal elections. In 1999, the New Mexico Senate passed legislation providing for a ballot measure under which voters would be allowed to implement instant runoff voting for Presidential elections. In Vermont, legislation to enact instant runoff voting for statewide offices, including the Presidential race, has been endorsed by Common Cause, the League of Women Voters, and the Grange. Additionally, the legislatures of States such as Maine, Maryland, Minnesota, and Washington in 2001 debated legislation to enact instant runoff voting for Presidential elections, and the Speaker of the California Assembly has introduced a bill to implement instant runoff voting in elections to fill vacancies in Congress. (9) In order to conduct an instant runoff election, voting equipment must be compatible with ballots that allow voters to rank candidates. (10) A majority of states currently conduct two-round runoff elections in some of their statewide, county, and municipal elections. Two-round elections cost the states millions of dollars each year and result in severe drop-offs in voter turnout. Voting equipment that is compatible with ranked ballots will give states, counties, and municipalities the option of saving millions of dollars and boosting voter turnout by consolidating two-round runoffs into one election. (11) Consistent with the national underinvestment in voting equipment, much of the Nation’s voting equipment is not currently compatible with ranked ballots. (12) There are currently no Federal mandatory minimum standards for voting equipment. Although the Federal Election Commission has promulgated voluntary standards, these voluntary standards do not include compatibility with ranked ballots. (13) The operation of our current voting and election system is run by approximately 13,000 separate and unequally administered voting jurisdictions. (14) National polls have shown that the American people support a voting system that is unitary.", "id": "H4FFE7FC12C39464B8D66C606C9FC0050", "header": "Findings" }, { "text": "3. Requiring Use of Instant Runoff Voting For General Elections for Federal Office \n(a) In General \nNotwithstanding any other provision of law, each State shall conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and shall ensure that the voting equipment and technology used to conduct the elections is compatible with such a system. (b) Definitions \nIn this Act, the following definitions apply: (1) The term Federal office has the meaning given such term in section 301(3) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(3) ). (2) The term instant runoff voting system means a system for the election of candidates under which— (A) runoff counts of candidates are conducted in rounds; (B) voters may rank candidates on the ballot according to the order of preference; (C) if in any round no candidate receives a majority of the votes cast, the candidate with the fewest number of votes is eliminated and the remaining candidates advance to the next round; (D) in each round, a voter shall be considered to have cast one vote for the candidate the voter ranked highest on the ballot who has not been eliminated; and (E) the runoff counts are carried out automatically at the time the votes are cast and tabulated. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands.", "id": "H7872D048FB714E6A99C44B2CBF637174", "header": "Requiring Use of Instant Runoff Voting For General Elections for Federal Office" }, { "text": "4. Grants to States to Defray Costs of Administering Instant Runoff Voting System \n(a) Establishment of grant program \nThere is established a program under which the Election Assistance Commission (hereafter in this Act referred to as the Commission ) shall make grants to eligible States to defray the costs of administering an instant runoff voting system, including the costs of purchasing voting equipment, software, and other technology necessary for such a system. (b) Plan for program \nNot later than 60 days after the date of the enactment of this Act, the Commission shall develop and make public a plan describing the criteria to be used in the solicitation and approval of applications for grants under this Act and the criteria to be used in overseeing the use of funds provided under such grants, except that under such criteria the Commission may not require a State to match any portion of the amount awarded as a condition of eligibility. (c) Eligibility of States \n(1) In general \nA State is eligible to receive a grant under the program under this section if it submits to the Commission (in such form and manner as the Commission may require) an application containing such information and assurances as the Commission may require. (2) Deadline for application \nThe Commission may not consider an application for a grant under this section unless the application is submitted prior to the expiration of the 60-day period which begins on the date the Commission makes public the plan developed under subsection (b). (3) Deadline for response \nThe Commission shall approve or reject an application submitted under this subsection not later than 120 days after receiving the application. (4) Criteria for rejection \nThe Commission may not reject an application submitted under this subsection unless it finds that— (A) the equipment, software, or other technology used to administer elections in the State is not compatible with an instant runoff voting system; or (B) the State does not provide for appropriate education for voters, poll workers, and election officials in the use of an instant runoff voting system. (d) Cap on amount of grant \nThe amount of any grant awarded to a State under the program under this section may not exceed the product of— (1) the number of residents in the State at the time the grant is awarded (based on the most recent decennial census); and (2) $12. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out the program under this section— (1) $500,000,000 for fiscal year 2005; and (2) such sums as may be necessary for fiscal year 2006 and each succeeding fiscal year.", "id": "H3D7586883FC64EB800AD68CE6DE505F0", "header": "Grants to States to Defray Costs of Administering Instant Runoff Voting System" }, { "text": "5. Relationship to other laws \nNothing in this Act may be construed to supersede or conflict with the Voting Rights Act of 1965 ( 42 U.S.C. 1973aa et seq. ) or the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. ).", "id": "H9E0E93C26CDA4C6582A3A0EE4058FFFB", "header": "Relationship to other laws" }, { "text": "6. Severability \nIf any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.", "id": "H8E8CAEA1C162443EAB82F1004EBA04AD", "header": "Severability" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Renewable Energy Security Act of 2004.", "id": "H5B057B39510E45A892E888D8B1A57C3", "header": "Short title" }, { "text": "2. Weatherization Assistance \nSection 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) ) is amended— (1) in paragraph (1), by striking in paragraph (3) and inserting in paragraphs (3) and (4) ; (2) in paragraph (3), by striking $2,500 per dwelling unit average provided in paragraph (1) and inserting dwelling unit averages provided in paragraphs (1) and (4) ; and (3) by adding at the end the following new paragraphs: (4) The expenditure of financial assistance provided under this part for labor, weatherization materials, and related matters for a renewable energy system shall not exceed an average of $3,000 per dwelling unit. (5) (A) The Secretary, in consultation with the Secretary of Housing and Urban Development and other appropriate Federal officers, shall by regulations— (i) establish the criteria which are to be used in prescribing performance and quality standards under paragraph (6)(A)(ii) or in specifying any form of renewable energy under paragraph (6)(A)(i)(I); and (ii) establish a procedure under which a manufacturer of an item may request the Secretary to certify that the item will be treated, for purposes of this paragraph, as a renewable energy system. (B) The Secretary shall make a final determination with respect to any request filed under subparagraph (A)(ii) within 1 year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii). (C) Each month the Secretary shall publish a report of any request under subparagraph (A)(ii) which has been denied during the preceding month and the reasons for the denial. (D) The Secretary shall not specify any form of renewable energy under paragraph (6)(A)(i)(I) unless the Secretary determines that— (i) there will be a reduction in oil or natural gas consumption as a result of such specification; (ii) such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety; and (iii) available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources). (6) In this subsection— (A) the term renewable energy system means a system which— (i) when installed in connection with a dwelling, transmits or uses— (I) solar energy, energy derived from the geothermal deposits, energy derived from biomass, or any other form of renewable energy which the Secretary specifies by regulations, for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or (II) wind energy for nonbusiness residential purposes; (ii) meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations; (iii) in the case of a combustion rated system, has a thermal efficiency rating of at least 75 percent; and (iv) in the case of a solar system, has a thermal efficiency rating of at least 15 percent; and (B) the term biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials..", "id": "HDBB847EC070E411DBA412FFF8B3FBD36", "header": "Weatherization Assistance" }, { "text": "3. District heating and cooling programs \nSection 172 of the Energy Policy Act of 1992 ( 42 U.S.C. 13451 note) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) evaluate the use of renewable energy systems (as such term is defined in section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) )) in residential buildings. ; and (2) in subsection (b), by striking this Act and inserting the Renewable Energy Security Act of 2004.", "id": "H61D9FC52B5CF4499B7C830CFB4D1960", "header": "District heating and cooling programs" }, { "text": "4. Definition of biomass \nSection 203(2) of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8802(2) ) is amended to read as follows: (2) The term biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials..", "id": "H741C4185418646279028EB60A5BA6E4F", "header": "Definition of biomass" }, { "text": "5. Credit for residential renewable energy systems \n(a) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new section: 25C. Residential renewable energy system \n(a) General rule \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 20 percent of the qualified renewable energy system expenditures made by the taxpayer during the taxable year. (b) Limitations \nFor purposes of subsection (a)— (1) Maximum credit \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $3,000. (2) Prior expenditures by taxpayer on same residence taken into account \nIf for any prior year a credit was allowed to the taxpayer under this section with respect to any dwelling unit by reason of qualified renewable energy system expenditures, paragraph (1) shall be applied for the taxable year with respect to such dwelling unit by reducing the dollar amount contained therein by the prior year expenditures taken into account under such paragraph. (3) Minimum dollar amount \nNo credit shall be allowed under this section with respect to any return for any taxable year if the amount which would (but for this paragraph) be allowed with respect to such return is less than $10. (4) Limitation based on amount of tax \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. (5) Carryover of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Definitions and special rules \nFor purposes of this section— (1) Qualified renewable energy system expenditure \n(A) In general \nThe term qualified renewable energy system expenditure means an expenditure made by the taxpayer for renewable energy system property installed in connection with a dwelling unit— (i) which is located in the United States, and (ii) which is used by the taxpayer as his principal residence. (B) Certain labor and other costs included \nThe term qualified renewable energy system expenditure includes— (i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy system property, and (ii) expenditures for an onsite well drilled for any geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures. (C) Swimming pool, etc., used as storage medium \nThe term qualified renewable energy system expenditure does not include any expenditure properly allocable to a swimming pool used as an energy storage medium or to any other energy storage medium which has a primary function other than the function of such storage. (D) Certain solar panels \nNo solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy system property solely because it constitutes a structural component of the dwelling on which it is installed. (2) Renewable energy system property \nThe term renewable energy system property means property— (A) which constitutes a renewable energy system, as defined by section 415(c)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c)(6) ), (B) the original use of which begins with the taxpayer, and (C) which can reasonably be expected to remain in operation for at least 5 years. (3) Effective date \n(A) In general \nIn the case of any energy system specified under paragraph (2)(A), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. (B) Expenditures taken into account in following taxable years \nThe Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year. (4) When expenditures made; amount of expenditures \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when original installation of the item is completed. (B) Construction or reconstruction of dwelling \nIn the case of qualified renewable energy system expenditures in connection with the construction or reconstruction of a dwelling, such expenditures shall be treated as made when the original use of the constructed or reconstructed dwelling by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (D) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this subparagraph, use for a swimming pool shall be treated as use which is not for residential purposes. (5) Principal residence \nThe determination of whether or not a dwelling unit is a taxpayer’s principal residence shall be made under principles similar to those applicable to section 121, except that— (A) no ownership requirement shall be imposed, and (B) the period for which a dwelling is treated as the principal residence of the taxpayer shall include the 30-day period ending on the first day on which it would (but for this subparagraph) be treated as his principal residence. (6) Property financed by subsidized energy financing \n(A) Reduction of qualified expenditures \nFor purposes of determining the amount of qualified renewable energy system expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing. (B) Dollar limits reduced \nParagraph (1) of subsection (b) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— (i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and (ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified renewable energy system expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. (C) Subsidized energy financing \nFor purposes of subparagraph (A), the term subsidized energy financing means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a principal residence by 2 or more individuals— (A) the amount of the credit allowable under subsection (a) by reason of qualified renewable energy system expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as one taxpayer whose taxable year is such calendar year, and (B) there shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant-stockholder’s proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Joint ownership of energy items \n(A) In general \nAny expenditure otherwise qualifying as a qualified renewable energy system expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately \nIn the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual. (e) Basis adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (f) Termination \nThis section shall not apply to expenditures made after December 31, 2009.. (b) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential renewable energy system. (c) Basis adjustment \nSection 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 25C(e).. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H28B0665773574F13B5CA9B737E43E908", "header": "Credit for residential renewable energy systems" }, { "text": "25C. Residential renewable energy system \n(a) General rule \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 20 percent of the qualified renewable energy system expenditures made by the taxpayer during the taxable year. (b) Limitations \nFor purposes of subsection (a)— (1) Maximum credit \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $3,000. (2) Prior expenditures by taxpayer on same residence taken into account \nIf for any prior year a credit was allowed to the taxpayer under this section with respect to any dwelling unit by reason of qualified renewable energy system expenditures, paragraph (1) shall be applied for the taxable year with respect to such dwelling unit by reducing the dollar amount contained therein by the prior year expenditures taken into account under such paragraph. (3) Minimum dollar amount \nNo credit shall be allowed under this section with respect to any return for any taxable year if the amount which would (but for this paragraph) be allowed with respect to such return is less than $10. (4) Limitation based on amount of tax \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. (5) Carryover of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Definitions and special rules \nFor purposes of this section— (1) Qualified renewable energy system expenditure \n(A) In general \nThe term qualified renewable energy system expenditure means an expenditure made by the taxpayer for renewable energy system property installed in connection with a dwelling unit— (i) which is located in the United States, and (ii) which is used by the taxpayer as his principal residence. (B) Certain labor and other costs included \nThe term qualified renewable energy system expenditure includes— (i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy system property, and (ii) expenditures for an onsite well drilled for any geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures. (C) Swimming pool, etc., used as storage medium \nThe term qualified renewable energy system expenditure does not include any expenditure properly allocable to a swimming pool used as an energy storage medium or to any other energy storage medium which has a primary function other than the function of such storage. (D) Certain solar panels \nNo solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy system property solely because it constitutes a structural component of the dwelling on which it is installed. (2) Renewable energy system property \nThe term renewable energy system property means property— (A) which constitutes a renewable energy system, as defined by section 415(c)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c)(6) ), (B) the original use of which begins with the taxpayer, and (C) which can reasonably be expected to remain in operation for at least 5 years. (3) Effective date \n(A) In general \nIn the case of any energy system specified under paragraph (2)(A), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. (B) Expenditures taken into account in following taxable years \nThe Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year. (4) When expenditures made; amount of expenditures \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when original installation of the item is completed. (B) Construction or reconstruction of dwelling \nIn the case of qualified renewable energy system expenditures in connection with the construction or reconstruction of a dwelling, such expenditures shall be treated as made when the original use of the constructed or reconstructed dwelling by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (D) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this subparagraph, use for a swimming pool shall be treated as use which is not for residential purposes. (5) Principal residence \nThe determination of whether or not a dwelling unit is a taxpayer’s principal residence shall be made under principles similar to those applicable to section 121, except that— (A) no ownership requirement shall be imposed, and (B) the period for which a dwelling is treated as the principal residence of the taxpayer shall include the 30-day period ending on the first day on which it would (but for this subparagraph) be treated as his principal residence. (6) Property financed by subsidized energy financing \n(A) Reduction of qualified expenditures \nFor purposes of determining the amount of qualified renewable energy system expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing. (B) Dollar limits reduced \nParagraph (1) of subsection (b) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— (i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and (ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified renewable energy system expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. (C) Subsidized energy financing \nFor purposes of subparagraph (A), the term subsidized energy financing means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a principal residence by 2 or more individuals— (A) the amount of the credit allowable under subsection (a) by reason of qualified renewable energy system expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as one taxpayer whose taxable year is such calendar year, and (B) there shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant-stockholder’s proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Joint ownership of energy items \n(A) In general \nAny expenditure otherwise qualifying as a qualified renewable energy system expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately \nIn the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual. (e) Basis adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (f) Termination \nThis section shall not apply to expenditures made after December 31, 2009.", "id": "H7BF17BD58F784C9A81F54D06CD3F00D", "header": "Residential renewable energy system" }, { "text": "6. Credit for renewable energy systems placed in service by small businesses \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Renewable energy systems credit \n(a) In general \nFor purposes of section 38, in the case of an eligible small business, the amount of the renewable energy systems credit determined under this section for any taxable year shall be an amount equal to 20 percent of the qualified renewable energy system expenditures for the taxable year. (b) Limitation \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $10,000. (c) Eligible small business \nFor purposes of this section, the term eligible small business has the meaning given such term by section 44(b). (d) Qualified renewable energy system expenditures \nThe term qualified renewable energy system expenditures has the meaning given such term by section 25C(c)(1), except that commercial property shall be substituted for dwelling unit each place it appears and subparagraph (A)(ii) thereof shall not apply. (e) Applicable rules \nFor purposes of this section, rules similar to the rules of paragraphs (2), (6), and (7) of section 44(d) shall apply.. (b) Credit made part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the renewable energy systems credit determined under section 45G(a).. (c) Limitation on carryback \nSection 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following new paragraph: (11) No carryback of renewable energy systems credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending on or before the date of the enactment of section 45G.. (d) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Renewable energy systems credit. (e) Effective date \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H13991A2A3C3C4FEBA1EF12CBB15BAC34", "header": "Credit for renewable energy systems placed in service by small businesses" }, { "text": "45G. Renewable energy systems credit \n(a) In general \nFor purposes of section 38, in the case of an eligible small business, the amount of the renewable energy systems credit determined under this section for any taxable year shall be an amount equal to 20 percent of the qualified renewable energy system expenditures for the taxable year. (b) Limitation \nThe amount of the credit allowed under subsection (a) for a taxable year shall not exceed $10,000. (c) Eligible small business \nFor purposes of this section, the term eligible small business has the meaning given such term by section 44(b). (d) Qualified renewable energy system expenditures \nThe term qualified renewable energy system expenditures has the meaning given such term by section 25C(c)(1), except that commercial property shall be substituted for dwelling unit each place it appears and subparagraph (A)(ii) thereof shall not apply. (e) Applicable rules \nFor purposes of this section, rules similar to the rules of paragraphs (2), (6), and (7) of section 44(d) shall apply.", "id": "H8D300EE0C8414FD5B0EA246CB67354C2", "header": "Renewable energy systems credit" } ]

[ { "text": "1. Extension of redesignation period for certain Historically Underutilized Business Zones (HUBZones) in States with persistently high unemployment \nSection 3(p)(4) of the Small Business Act ( 15 U.S.C. 632(p)(4) ) is amended by adding at the end the following new subparagraph: (D) Additional period \nNotwithstanding the 3-year limitation under subparagraph (C), a HUBZone in a redesignated area under that subparagraph shall be a HUBZone for one additional year for each year during the 3-year period for which— (i) the unemployment rate for the State involved is higher than such rate for the year in which the HUBZone was created; and (ii) the unemployment rate for the HUBZone is at least 85 percent of such rate for the year in which the HUBZone was created..", "id": "HE44642CF661445AD960048C14FFCC6", "header": "Extension of redesignation period for certain Historically Underutilized Business Zones (HUBZones) in States with persistently high unemployment" } ]

[ { "text": "1. Authorization to reissue permit \nThe first section of Public Law 99–338 is amended by striking one renewal and inserting 3 renewals.", "id": "H325FCEE8096644E18E9DB469BC07A079", "header": "Authorization to reissue permit" } ]

[ { "text": "1. Authorization of Mokelumne River Regional Water Storage and Conjunctive Use Project Study \nThe Secretary of the Interior (hereafter in this Act referred to as the Secretary ) is authorized to prepare a feasibility study entitled the Mokelumne River Regional Water Storage and Conjunctive Use Project Study , only after the Secretary determines through an appraisal study (the costs of which shall be nonreimbursable) that there is a potentially feasible alternative by which 1 or more agencies within the Department of the Interior could provide additional water supply and water management flexibility within the San Joaquin Valley, California, through the development of new water storage and conjunctive use programs. The Secretary is authorized to provide a grant to, or enter into a cooperative agreement to facilitate preparation of, the appraisal study.", "id": "H614F84EDEBDA4CFC831477DDFB23AF24", "header": "Authorization of Mokelumne River Regional Water Storage and Conjunctive Use Project Study" }, { "text": "2. Use of reports and other information \nIn developing the Mokelumne River Regional Water Storage and Conjunctive Use Project Study and the appraisal study under section 1, the Secretary shall use, as appropriate, reports and any other relevant information supplied by the Mokelumne River Water and Power Authority.", "id": "HCFEA8E1586194A82BB84762C179B9EAC", "header": "Use of reports and other information" }, { "text": "3. Deadline \nAfter completion of the appraisal study under section 1, the Secretary shall complete the Mokelumne River Regional Water Storage and Conjunctive Use Project Study and provide copies of that study to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 2 years after the date of the enactment of this Act.", "id": "H66D08408CBAA4C41B313DB30096C800", "header": "Deadline" }, { "text": "4. In-kind contributions \nThe Secretary shall accept, as appropriate, such in-kind contributions of goods or services from the Mokelumne River Water and Power Authority as the Secretary determines will contribute to the conduct and completion of the Mokelumne River Regional Water Storage and Conjunctive Use Project Study. Goods and services accepted under this section shall be counted as part of the non-Federal cost share for that study.", "id": "HF1C5E3788A914B29AF80827EE4331E5D", "header": "In-kind contributions" }, { "text": "5. Authorization of appropriations \n(a) Appraisal study \nThere is authorized to be appropriated to the Secretary $300,000 for the preparation of the appraisal study described in section 1. (b) Project study \nThere is authorized to be appropriated to the Secretary $3,000,000 for the Federal cost share for the Mokelumne River Regional Water Storage and Conjunctive Use Project Study.", "id": "H67949AD091AC44CF8138B6D6CB6F956E", "header": "Authorization of appropriations" } ]

[ { "text": "1. Dr. Robert E. Price Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 8135 Forest Lane in Dallas, Texas, shall be known and designated as the Dr. Robert E. Price Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dr. Robert E. Price Post Office Building.", "id": "H55B9464CAADD427DB5FA9100EDBE6FF6", "header": "Dr. Robert E. Price Post Office Building" } ]

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

[ { "text": "1. Immigration relief for innocent victims of immigration fraud \n(a) In general \n(1) Relief upon approval of application \nIf an alien, upon application to the Secretary of Homeland Security, establishes to the satisfaction of the Secretary that such alien is an eligible alien (as defined in subsection (b)) and is, but for the specified immigration fraud, admissible to the United States as an immigrant and is not removable from the United States, the Secretary shall provide immigration relief for such alien under subsection (c). (2) Relief pending approval \nIn the case of an eligible alien, the Secretary shall suspend any pending proceedings providing for revocation of adjustment of status, revocation of naturalization, or removal with respect to such eligible alien in order to provide such alien with a reasonable opportunity to apply for immigration relief under this section and during the pendency of the application for such relief. (b) Eligible alien, specified immigration fraud defined \nFor purposes of this section: (1) Eligible alien \nThe term eligible alien means an alien— (A) who obtained status as a nonimmigrant on or after January 1, 1980, and who, at the time of obtaining such status, was a national of the Republic of Korea; (B) who applied, before January 1, 1999, through one or more immigration brokers for adjustment of such status to that of the status of an alien lawfully admitted to the United States for permanent residence, and who applied through the Immigration and Naturalization office located in San Jose, California; (C) whose application for adjustment of status described in subparagraph (B) was approved as a result of bribery by such immigration brokers of a supervisor of the Immigration and Naturalization Service for such office; and (D) who had no actual knowledge of such fraud at the time of such adjustment. (2) Treatment of spouses and children \nSuch term includes an alien who obtained lawful permanent resident status as the spouse or child of an eligible alien described in paragraph (1). (3) Specified immigration fraud \nThe term specified immigration fraud means the bribery described in paragraph (1)(C). (c) Form of immigration relief \n(1) In general \nIf an application of an eligible alien under subsection (a) is approved, then— (A) the specified immigration fraud shall not be considered in determining the admissibility or removeability of such alien; and (B) the Secretary shall provide for the restoration of the alien’s status as if the original adjustment of status described in subsection (b)(1)(C) had been lawful, in accordance with the succeeding provisions of this subsection. (2) Restoration of status to lawful permanent resident \nIn the case of an approved application for an alien whose adjustment of status to lawful permanent resident status was rescinded solely as a result of the specified immigration fraud, the Secretary shall vitiate such rescission and shall restore the status of such alien to that of an alien lawfully admitted for permanent residence. Such restoration shall be effective as of the date of such rescission. (3) Restoration of naturalization \nIn the case of an eligible alien who has been naturalized as a citizen of the United States and whose naturalization was revoked solely as a result of the specified immigration fraud, the Secretary shall vitiate such revocation and shall restore such citizenship status to such alien. Such restoration shall be effective as of the date of such revocation. (4) Parole into the United States for eligible aliens who have departed \nIn the case of an eligible alien who has been removed, or has voluntarily departed, from the United States in connection with charges relating to specified immigration fraud, the Secretary shall parole such alien into the United States for the purpose of filing an application for immigration relief under this section. (d) Procedures and definitions \n(1) Procedures for application \nAn alien seeking immigration relief under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. The Secretary shall not charge such alien a fee in connection with such application. (2) No reduction in number of immigrant visas available \nThe Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) if an application of an eligible alien for immigration relief under this section is approved. (3) Application of other definitions \nFor purposes of this section and except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security and the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing in this section shall be construed to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible for immigration relief under this section shall not preclude such alien from seeking immigration relief under any other provision of law for which such alien may be eligible.", "id": "HA16B3FC66730483B9351479397EA4F75", "header": "Immigration relief for innocent victims of immigration fraud" } ]

[ { "text": "1. Luis A. Ferré United States Courthouse and Post Office Building \n(a) Designation \nThe United States courthouse and post office building located at 93 Atocha Street in Ponce, Puerto Rico, shall be known and designated as the Luis A. Ferré United States Courthouse and Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper or other record of the United States to the courthouse and post office building referred to in subsection (a) shall be deemed to be a reference to the Luis A. Ferré United States Courthouse and Post Office Building.", "id": "H6A78C308A4854984A6AE64EDF0BFBD7F", "header": "Luis A. Ferré United States Courthouse and Post Office Building" } ]

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

[ { "text": "1. Certain frozen meatless products \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.21.07 Frozen meatless preparations or frozen meat substitutes (provided for in subheading 2106.90.99) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain frozen meatless products" } ]

[ { "text": "1. Short title \nThis Act may be cited as the 14th/14 Amendment Interstate Highway Initiation Act.", "id": "HAEDF1A261F0B458BBA5B356150E07B50", "header": "Short title" }, { "text": "2. Congressional Finding \nCongress finds the following: (1) The 11-State region in the Southeast that has been known historically as the Southern Black Belt is in need of the same regional economic development plans in 2004 as those modeled by the Appalachian Regional Commission in 1965. (2) The Southern Black Belt has an African-American population that is double the national average, due to historic population concentrations dating to the pre-emancipation period. It was largely with the protection and economic advancement of the residents of this region in mind that Congress passed and the states ratified the 14th Amendment to the U.S. Constitution in 1868, guaranteeing equal rights to all persons in the United States, including those formerly held in involuntary servitude. (3) This region and its residents, particularly the descendents of freed slaves, suffer from high unemployment, low incomes, low education levels, poor health, and high infant mortality. Congress recognizes the studies, findings, and recommendations on these problems of the Southern Black Belt by the University of Georgia, Tuskegee Institute, North Carolina State University, and the University of Kentucky. (4) Disparity in transportation infrastructure investment has been a key contributing factor to the persistent poverty and social ills of this region. The lack of adequate east-west Interstate highway access has provided a significant impediment to travel throughout the region, served as a severe obstacle to the attraction of industry and jobs, and has been a detriment to public health and transportation safety. (5) Congress hereby resolves that a new Interstate Highway designated United States Interstate Route 14 should be built through the heart of the Southern Black Belt, linking Augusta, Georgia to Natchez, Mississippi, following a route generally defined through Macon and Columbus, Georgia; Montgomery, Alabama; and Laurel and Natchez, Mississippi. (6) In light of the promise of economic parity made by the nation to this region in the 14th Amendment, this new interstate highway should be named the 14th Amendment Highway.", "id": "HA1162AE1EA934664A1A76BE35286B0DF", "header": "Congressional Finding" }, { "text": "3. Study and report \nNot later than December 31, 2004, the Secretary of Transportation shall study and report to the appropriate committees of Congress regarding the steps and estimated funding necessary to designate and construct a new interstate route (Interstate Route I–14) for the 14th Amendment Highway, from Augusta, Georgia to Natchez, Mississippi (formerly designated the Fall Line Freeway within the State of Georgia).", "id": "H4AB6BD6B9EAA432DB57F2BAA099634BE", "header": "Study and report" } ]

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

[ { "text": "1. Requirement to offer farmers supplemental crop insurance based on an area yield and loss plan of insurance \n(a) In general \nSection 508(c)(3) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c)(3) ) is amended to read as follows: (3) Yield and loss basis \n(A) Availability of coverage on individual or area yield and loss basis \nA producer shall have the option of purchasing additional coverage based on an individual yield and loss basis or on an area yield and loss basis, if both options are offered by the Corporation. (B) Supplemental area coverage \n(i) Authority to offer coverage \n(I) In general \nNotwithstanding section 508(c)(4), if area coverage is available in the area (as determined by the Corporation), the Corporation may provide producers in that area that purchase an additional level of coverage for an insurable commodity based either on an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, the option to purchase supplemental insurance coverage based on an area yield and loss plan of insurance. (II) Limitation \nThe sum of (a) the coverage level expressed in percentage terms for the individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, and (b) the share expressed in percentage terms of the area yield and loss plan of insurance (at whatever coverage level is selected) that is used to determine the level of supplemental insurance coverage shall not exceed 100 percent. (ii) Individual yield and loss plan required \nTo be eligible for supplemental coverage under this subparagraph, a producer must also purchase an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, at an additional coverage level for the same crop covered by the supplemental coverage. (iii) Payment of portion of premium \nThe Corporation shall pay a portion of the premium under a supplemental area yield and loss plan of insurance and the associated individual area yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield, as applicable, in an amount described in subsection (e). (iv) Indemnity paid under supplemental coverage \n(I) Amount of indemnity \nThe indemnity payable under supplemental coverage shall be calculated as— (aa) the total indemnity for an area yield and loss plan of insurance at the coverage level chosen by the producer; multiplied by (bb) the share of the coverage of the area yield and loss plan of insurance selected by the producer. (II) Special rule relating to qualifying losses \nIn the case of a qualifying loss in an area (as determined by the Corporation) under a supplemental area yield and loss plan of insurance, subject to the applicable coverage limits, the total amount of the indemnity shall be available to the producer regardless of the loss incurred under the individual yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield, as applicable, of the producer. (v) Reinsurance year \nSubject to availability of area coverage for the insurable crop in the area (as determined by the Corporation), the supplemental plan of insurance described in this subparagraph shall be made available by the Corporation not later than the 2005 reinsurance year.. (b) Conforming amendment \nSection 508(d)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2) ) is amended— (1) by striking “additional coverage” the first place it occurs and inserting “additional and supplemental coverages”; and (2) by adding at the end the following: (C) In the case of supplemental area coverage that, in combination with either the individual yield and loss coverage, or a comparable coverage for a policy or plan of insurance that is not based on individual yield and does not insure more than 100 percent of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, the amount of the premium shall— (i) be sufficient to cover anticipated losses and a reasonable reserve; and (ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio..", "id": "HFF286DE119CC4F8F88BD6700D00B77", "header": "Requirement to offer farmers supplemental crop insurance based on an area yield and loss plan of insurance" } ]

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

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

[ { "text": "1. Findings; purpose \n(a) Findings \nCongress makes the following findings: (1) On March 14, 2002, the President stated: America supports the international development goals in the U.N. Millennium Declaration, and believes that these goals are a shared responsibility of developed and developing countries.. (2) Section 201(b)(4) of H.R. 1950, as passed by the House of Representatives on July 16, 2003, states that it is the policy of the United States to support compacts of the Millennium Challenge Account which, among other things, aim to reduce poverty by significantly increasing the economic growth trajectory of beneficiary countries through investing in the productive potential of the people of such countries. (3) On May 10, 2004, the President recognized the link between global poverty and the national security of the United States by stating: In many nations, poverty remains chronic and desperate. Half the world’s people still live on less than $2 a day. This divide between wealth and poverty, between opportunity and misery, is far more than a challenge to our compassion. Persistent poverty and oppression can spread despair across an entire nation, and they can turn nations of great potential into the recruiting grounds of terrorists.. (4) Section 602 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 ) states that a purpose of that Act is the elimination of extreme poverty. (5) The Report of the Committee on International Relations to accompany H.R. 2441 of the 108th Congress (H. Rept. 108-205) states that [f]or the Millennium Challenge Account to be successful as an incentive for future reform as well as a reward for past reform, it must offer opportunities for those low-income countries whose institutions do not yet meet all the eligibility criteria but who are demonstrating partial success in meeting the eligibility criteria. (6) The purpose of section 616 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7715 ), and the threshold program established pursuant to such section by the Millennium Challenge Corporation, in consultation with the United States Agency for International Development, is to provide assistance to the low-income countries described in paragraph (5) in order to assist such countries to become eligible countries under the Act. (7) Although the overall Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ) is authorized to be funded for both fiscal years 2004 and 2005, the threshold program under section 616 of such Act is authorized to be funded only for fiscal year 2004. (b) Purpose \nThe purpose of this Act is to amend the Millennium Challenge Act of 2003 to authorize funding of the threshold program under section 616 of such Act for the same duration as the authorization of funding for the overall Millennium Challenge Act of 2003.", "id": "HBEB80D29FEFA488AA27433363E8C8C04", "header": "Findings; purpose" }, { "text": "2. Extension of authorization of assistance to certain candidate countries \nSection 616(d) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7715(d) ) is amended by striking for fiscal year 2004 and inserting for a fiscal year.", "id": "H68A781790B374056B2A6CBD1C6003308", "header": "Extension of authorization of assistance to certain candidate countries" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Drug Importation Promotion and Safety Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Importation of prescription drugs; Office of Drug Importation Promotion and Safety; other general provisions Sec. 3. Commercial importation Sec. 4. Personal importation; Internet pharmacies Sec. 5. Personal importation; entering United States in possession of prescription drugs; compassionate use Sec. 6. Particular products; suspension of authority for importation Sec. 7. Registration of importation facilities Sec. 8. Enforcement; regulations; effective dates Sec. 9. Licensing of Internet pharmacies Sec. 10. Chain of custody of prescription drugs; network for notifications regarding counterfeit drugs", "id": "HF8FBFEE3B98D4799875F7DD3C69600EF", "header": "Short title; table of contents" }, { "text": "2. Importation of prescription drugs; Office of Drug Importation Promotion and Safety; other general provisions \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. General provisions \n(a) Office of Drug Importation Promotion and Safety \nThere is established within the Office of the Commissioner of Food and Drugs an office to be known as the Office of Drug Importation Promotion and Safety, which shall be headed by an Associate Commissioner appointed by the Commissioner. The Commissioner of Food and Drugs shall carry out this subchapter acting through such Associate Commissioner. (b) Annual report \nThe Secretary shall annually submit to the Congress a report on activities carried out under this subchapter, including a determination by the Secretary of whether prescription drugs imported under this subchapter are safe and effective. (c) Definitions \nFor purposes of this subchapter: (1) Drug importation facility \nThe term drug importation facility means a person, other than an individual importing a prescription drug under section 814, 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 814, 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 814, licensed by a State to dispense prescription drugs or to provide pharmaceutical care. (4) Permitted country \nThe term permitted country means— (A) Australia; (B) a member country of the European Union as of January 1, 2003; (C) Japan; (D) New Zealand; (E) Switzerland; and (F) such additional countries as the Secretary may specify. (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": "H26D69080C63B4156A3E087F24400AD3D", "header": "Importation of prescription drugs; Office of Drug Importation Promotion and Safety; other general provisions" }, { "text": "811. General provisions \n(a) Office of Drug Importation Promotion and Safety \nThere is established within the Office of the Commissioner of Food and Drugs an office to be known as the Office of Drug Importation Promotion and Safety, which shall be headed by an Associate Commissioner appointed by the Commissioner. The Commissioner of Food and Drugs shall carry out this subchapter acting through such Associate Commissioner. (b) Annual report \nThe Secretary shall annually submit to the Congress a report on activities carried out under this subchapter, including a determination by the Secretary of whether prescription drugs imported under this subchapter are safe and effective. (c) Definitions \nFor purposes of this subchapter: (1) Drug importation facility \nThe term drug importation facility means a person, other than an individual importing a prescription drug under section 814, 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 814, 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 814, licensed by a State to dispense prescription drugs or to provide pharmaceutical care. (4) Permitted country \nThe term permitted country means— (A) Australia; (B) a member country of the European Union as of January 1, 2003; (C) Japan; (D) New Zealand; (E) Switzerland; and (F) such additional countries as the Secretary may specify. (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": "HCCE3F02F94434650AD673559C31732CC", "header": "General provisions" }, { "text": "3. Commercial importation \nSubchapter B of chapter VIII of the Federal Food, Drug, and Cosmetic Act , as added by section 2 of this Act, is amended by adding at the end the following section: 812. Commercial importation \n(a) In general \n(1) No presumption against 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 unless the importation of the prescription drug is not 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) comply with regulations promulgated by the Secretary to require labeling regarding the fact that the drug is imported; 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 permitted country. (2) Limitation \nThe Secretary may exclude one 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": "H4898636A94DD4A84B9140022A3058700", "header": "Commercial importation" }, { "text": "812. Commercial importation \n(a) In general \n(1) No presumption against 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 unless the importation of the prescription drug is not 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) comply with regulations promulgated by the Secretary to require labeling regarding the fact that the drug is imported; 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 permitted country. (2) Limitation \nThe Secretary may exclude one 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": "H09274F47D2C84E97A4739C67D8BE2DB", "header": "Commercial importation" }, { "text": "4. Personal importation; Internet pharmacies \nSubchapter B of chapter VIII of the Federal Food, Drug, and Cosmetic Act , as amended by section 3 of this Act, is amended by adding at the end the following section: 813. Personal importation; Internet pharmacies \nAn individual may, for personal use or for the use of a family member of the individual (rather than for resale), import a prescription drug into the United States from any Internet pharmacy that is registered under section 816 and licensed under section 503B, except to the extent that the Secretary determines that importation of the prescription drug is not in accordance with this subchapter..", "id": "HDF2519F3968E494FB2BE1DB878E15C9B", "header": "Personal importation; Internet pharmacies" }, { "text": "813. Personal importation; Internet pharmacies \nAn individual may, for personal use or for the use of a family member of the individual (rather than for resale), import a prescription drug into the United States from any Internet pharmacy that is registered under section 816 and licensed under section 503B, except to the extent that the Secretary determines that importation of the prescription drug is not in accordance with this subchapter.", "id": "HAAB17259AF4A4C68B751B7E6E37FAB10", "header": "Personal importation; Internet pharmacies" }, { "text": "5. Personal importation; entering United States in possession of prescription drugs; compassionate use \nSubchapter B of chapter VIII of the Federal Food, Drug, and Cosmetic Act , as amended by section 4 of this Act, is amended by adding at the end the following section: 814. Personal importation; entering United States in possession of prescription drugs; compassionate use \n(a) In general \nAn individual may, for personal use or for the use of a family member of the individual (rather than for resale), import a prescription drug from Canada or a permitted country into the United States, 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 from Canada or a permitted country into the United States; (3) the prescription drug is imported by the individual on the person of the individual; (4) the quantity of the prescription drug imported does not exceed a 90-day supply during any 90-day period; and (5) 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": "H371B9F72B5394345A910C7924200FA00", "header": "Personal importation; entering United States in possession of prescription drugs; compassionate use" }, { "text": "814. Personal importation; entering United States in possession of prescription drugs; compassionate use \n(a) In general \nAn individual may, for personal use or for the use of a family member of the individual (rather than for resale), import a prescription drug from Canada or a permitted country into the United States, 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 from Canada or a permitted country into the United States; (3) the prescription drug is imported by the individual on the person of the individual; (4) the quantity of the prescription drug imported does not exceed a 90-day supply during any 90-day period; and (5) 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": "H2C52CFC4B8404F1BA5628DD2B97BCBA6", "header": "Personal importation; entering United States in possession of prescription drugs; compassionate use" }, { "text": "6. Particular products; suspension of authority for importation \nSubchapter B of chapter VIII of the Federal Food, Drug, and Cosmetic Act , as amended by section 5 of this Act, is amended by adding at the end the following section: 815. Particular products; suspension of authority for 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": "HBF33F200597B4A308BDEEDA0528E00DB", "header": "Particular products; suspension of authority for importation" }, { "text": "815. Particular products; suspension of authority for 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": "H6F3345F9D5224A3BA038DBE19151D85D", "header": "Particular products; suspension of authority for importation" }, { "text": "7. Registration of importation facilities \n(a) In general \nSubchapter B of chapter VIII of the Federal Food, Drug, and Cosmetic Act, as amended by section 6 of this Act, is amended by adding after section 815 the following section: 816. 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 814 or to a commercial transaction conducted between an Internet pharmacy and an individual.. (b) Importation; failure to register \nSection 801 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: (p) 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 816, 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 816. (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..", "id": "H3BA8C0DB81C24C3BB8225193BA345D52", "header": "Registration of importation facilities" }, { "text": "816. 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 814 or to a commercial transaction conducted between an Internet pharmacy and an individual.", "id": "H1B152C03AEC74C3CAE9DC85BA93E7B32", "header": "Registration of certain importers" }, { "text": "8. Enforcement; regulations; effective dates \n(a) Prohibited acts \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 812. (ii) The importation or offering for importation of a prescription drug in violation of an order under section 815. (jj) 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 816.. (b) Regulations; effective dates \n(1) Commercial importation \nWith respect to carrying out section 812 of the Federal Food, Drug, and Cosmetic Act (as added by section 3 of this Act): (A) The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall promulgate interim final regulations regarding importation of prescription drugs from Canada not later than 30 days after the date of the enactment of this Act. Such section 812 takes effect regarding the importation of prescription drugs from Canada upon the expiration of such 30 days, without regard to whether the Secretary has promulgated such regulations. (B) The Secretary shall promulgate interim final regulations regarding importation of prescription drugs from permitted countries not later than one year after the date of the enactment of this Act. Such section 812 takes effect regarding importation of prescription drugs from permitted countries upon the expiration of such one-year period, without regard to whether the Secretary has promulgated such regulations. (2) Personal importation; entering United States in possession of prescription drug; compassionate use \nThe Secretary may promulgate regulations to carry out section 814 of the Federal Food, Drug, and Cosmetic Act (as added by section 5 of this Act). Such section 813 takes effect upon the date of enactment of this Act, without regard to whether the Secretary has promulgated such regulations. (3) Registration of importation facilities \nNot later than one year after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out section 816 of the Federal Food, Drug, and Cosmetic Act (as added by section 7(a) of this Act). The requirement of registration under such section takes effect— (A) on the effective date of such final regulations; or (B) if the final regulations have not been made effective as of the expiration of such one-year period, on the date that is one year after the date of the enactment of this Act, subject to compliance with the final regulations when the final regulations are made effective.", "id": "H25C1B55B1D7E49F8A557FB3D8DC4DCCE", "header": "Enforcement; regulations; effective dates" }, { "text": "9. Licensing of Internet pharmacies \n(a) In general \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 503A the following section: 503B. Licensing of Internet pharmacies \n(a) In general \nAn Internet pharmacy that is licensed in accordance with this section may dispense or offer to dispense a prescription drug to a person in the United States. An Internet pharmacy may not dispense or offer to dispense a prescription drug to such a person prior to obtaining a license under this section. (b) Definitions \nFor purposes of 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) Permitted country \nThe term permitted country has the meaning given such term in section 811(c). (3) Prescription drug \nThe term prescription drug means a drug described in section 503(b) that is approved by the Secretary under section 505. (4) 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. (c) Licensing of Internet pharmacies \n(1) In general \nThe Secretary may issue a license under this section to an Internet pharmacy only if such pharmacy— (A) has its principal place of business in the United States, Canada, or a permitted country; and (B) meets the requirements of paragraph (2). (2) Conditions for licensing \n(A) Application requirements \nAn Internet pharmacy shall submit to the Secretary an application for a license under this section 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 (2), 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) 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. (6) 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. (7) 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 Internet pharmacy that is not licensed in accordance with this section; or (2) accepts advertising stating that an individual does not need a physician’s prescription to obtain a prescription drug. (e) 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 in accordance with this section 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 acts \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by section 8(a) of this Act, is amended by adding at the end the following: (kk) The sale of a prescription drug, or the ownership or operation of an Internet pharmacy, in violation of section 503B. (ll) 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 503B. (mm) 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 503B.. (c) Injunctive proceedings; 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 503B 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, an Internet 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 503B; and (C) shall specify the provider to which the relief applies.. (d) Importation; return to sender \nSection 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ), as amended by section 7(b) of this Act, is amended by adding at the end the following: (q) Unlicensed Internet pharmacy \nIf an Internet pharmacy is not licensed by the Secretary in accordance with section 503B, 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. (r) Licensed Internet pharmacy \nIf a shipment of a prescription drug from an Internet pharmacy licensed by the Secretary in accordance with section 503B 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.. (e) Regulations \nWith respect to section 503B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a) of this section): (1) Not later than one year after the date of the 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) The requirement of licensure under such section 503B takes 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). (3) Section 801(q) of such Act (as added by subsection (d) of this section) takes effect on the effective date that applies under paragraph (2) of this subsection. (4) For purposes of section 813 of such Act (as added by section 4 of this Act), an Internet pharmacy located in Canada is deemed to be licensed under such section 503B pending the effective date that applies under paragraph (2) of this subsection.", "id": "H97CC1A2FD67D43CB97C6AEA72235FB18", "header": "Licensing of Internet pharmacies" }, { "text": "503B. Licensing of Internet pharmacies \n(a) In general \nAn Internet pharmacy that is licensed in accordance with this section may dispense or offer to dispense a prescription drug to a person in the United States. An Internet pharmacy may not dispense or offer to dispense a prescription drug to such a person prior to obtaining a license under this section. (b) Definitions \nFor purposes of 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) Permitted country \nThe term permitted country has the meaning given such term in section 811(c). (3) Prescription drug \nThe term prescription drug means a drug described in section 503(b) that is approved by the Secretary under section 505. (4) 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. (c) Licensing of Internet pharmacies \n(1) In general \nThe Secretary may issue a license under this section to an Internet pharmacy only if such pharmacy— (A) has its principal place of business in the United States, Canada, or a permitted country; and (B) meets the requirements of paragraph (2). (2) Conditions for licensing \n(A) Application requirements \nAn Internet pharmacy shall submit to the Secretary an application for a license under this section 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 (2), 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) 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. (6) 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. (7) 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 Internet pharmacy that is not licensed in accordance with this section; or (2) accepts advertising stating that an individual does not need a physician’s prescription to obtain a prescription drug. (e) 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 in accordance with this section 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": "H9253E43CBC90442DA9A84B45F727F69E", "header": "Licensing of Internet pharmacies" }, { "text": "10. Chain of custody of prescription drugs; network for notifications regarding counterfeit drugs \n(a) Electronic track and trace technology; network for notifications regarding counterfeit drugs \n(1) 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). (2) Network for notifications regarding counterfeit drugs \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 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 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.. (3) Authorization of appropriations \nFor the purpose of carrying out this subsection and the amendments made by this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year, in addition to other authorizations of appropriations that are available for such purpose. (b) Required records \nSection 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended by striking (e)(1)(A) and all that follows through the end of paragraph (1) and inserting the following: (e) (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.. (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)..", "id": "HF1D57CF5D7E6423C93D3FC75FA7F00", "header": "Chain of custody of prescription drugs; network for notifications regarding counterfeit drugs" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Captive Mammal Protection Act of 2004.", "id": "H34F74BAEE1BD41DE99C9B2F18FB0D659", "header": "Short title" }, { "text": "2. Transport or possession of captive mammals for purposes of killing or injuring them \n(a) In general \nChapter 3 of title 18, United States Code, is amended by adding at the end the following: 49. Captive mammals \n(a) Prohibition \nWhoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions \nIn this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters.. (b) Conforming amendment \nThe table of sections at the beginning of chapter 3 of title 18, United States Code, is amended by adding at the end the following new item: 49 Captive mammals.", "id": "H08DEF29F317D41BFBA38464391052C66", "header": "Transport or possession of captive mammals for purposes of killing or injuring them" }, { "text": "49. Captive mammals \n(a) Prohibition \nWhoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a captive mammal, for the purposes of allowing the killing or injuring of that mammal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. (b) Definitions \nIn this section— (1) the term captive mammal means a mammal that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of— (A) the majority of the animal’s life; or (B) a period of 1 year; and (2) the term captivity does not include any period during which an animal lives as it would in the wild— (A) surviving primarily by foraging for naturally occurring food; (B) roaming at will over an open area of not less than 1,000 acres; and (C) having the opportunity to avoid hunters.", "id": "H15B07F027D0D4324ADAC1DF1992D6372", "header": "Captive mammals" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Mutual Fund Reform Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Definitions Sec. 3. Rulemaking Title I—Fund governance Sec. 101. Independent directors Sec. 102. Study of director compensation and independence Sec. 103. Fiduciary duties of directors Sec. 104. Fiduciary duty of investment adviser Sec. 105. Termination of fund advisers Sec. 106. Independent accounting and auditing Sec. 107. Prevention of fraud; internal compliance and control procedures Title II—Fund transparency Sec. 201. Cost consolidation and clarity Sec. 202. Advisor compensation and ownership of fund shares Sec. 203. Point of sale and additional disclosure of broker compensation Sec. 204. Breakpoint discounts Sec. 205. Portfolio turnover ratio Sec. 206. Proxy voting policies and record Sec. 207. Customer information from account intermediaries Sec. 208. Advertising Title III—Fund regulation and oversight Sec. 301. Prohibition of asset-based distribution expenses Sec. 302. Prohibition on revenue sharing, directed brokerage, and soft dollar arrangements Sec. 303. Market timing Sec. 304. Elimination of stale prices Sec. 305. Prohibition of short term trading; mandatory redemption fees Sec. 306. Prevention of after-hours trading Sec. 307. Ban on joint management of mutual funds and hedge funds Sec. 308. Selective disclosures Title IV—Studies Sec. 401. Study of adviser conflict of interest Sec. 402. Study of coordination of enforcement efforts Sec. 403. Study of Commission organizational structure Sec. 404. Trends in arbitration clauses Sec. 405. Hedge fund regulation Sec. 406. Investor education and the Internet", "id": "HF84100C443EBE5D35E94659484E88EC", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act, the following definitions shall apply: (1) Commission \nThe term Commission means the Securities and Exchange Commission. (2) Investment adviser \nThe term investment adviser has the same meaning as in section 2(a)(20) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(20) ). (3) Investment company \nThe term investment company has the same meaning as in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80–3 ). (4) Registered investment company \nThe term registered investment company means an investment company that is registered under section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 ).", "id": "H2083924D4B8B69F3D9261F873B21D7B", "header": "Definitions" }, { "text": "3. Rulemaking \n(a) Timing \nUnless otherwise specified in this Act or the amendments made by this Act, the Commission shall issue, in final form, all rules and regulations required by this Act and the amendments made by this Act not later than 180 days after the date of enactment of this Act. (b) Authority to define terms \nThe Commission may, in issuing rules and regulations under this Act or the amendments made by this Act, define any term used in this Act or such amendments that is not otherwise defined for purposes of this Act or such amendment, as the Commission determines necessary and appropriate. (c) Exemption authority \nThe Commission may, in issuing rules and regulations under this Act or the amendments made by this Act, exempt any investment company or other person from the application of such rules, as the Commission determines is necessary and appropriate, in the public interest or for the protection of investors.", "id": "H04F18AFF46A48603DA1160B51DE2D3E", "header": "Rulemaking" }, { "text": "101. Independent directors \n(a) Independent fund boards \nSection 10(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–10(a) ) is amended— (1) by striking shall have and inserting the following: shall— (1) have ; (2) by striking 60 per centum and inserting 25 percent ; (3) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (2) have as chairman of its board of directors an interested person of such registered company; or (3) have as a member of its board of directors any person that is not an interested person of such registered investment company— (A) who has served without being approved or elected by the shareholders of such registered investment company at least once every 5 years; and (B) unless such director has been found, on an annual basis, by a majority of the directors who are not interested persons, after reasonable inquiry by such directors, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider, that is likely to impair the independence of the director.. (b) Action by independent directors \nSection 10 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–10 ) is amended by adding at the end the following: (i) Independent committee \n(1) In general \nThe members of the board of directors of a registered investment company who are not interested persons of such registered investment company shall establish a committee comprised solely of such members, which committee shall be responsible for— (A) selecting persons to be nominated for election to the board of directors; (B) adopting qualification standards for the nomination of directors; and (C) determining the compensation to be paid to directors. (2) Disclosure \nThe standards developed under paragraph (1)(B) shall be disclosed in the registration statement of the registered investment company.. (c) Definition of interested person \nSection 2(a)(19) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2 ) is amended— (1) in subparagraph (A)— (A) in clause (iv), by striking two and inserting 5 ; and (B) by striking clause (vii) and inserting the following: (vii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of an investment adviser or principal underwriter to such registered investment company, or of any entity controlling, controlled by, or under common control with such investment adviser or principal underwriter; (viii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of any entity that has within the preceding 5 fiscal years acted as a significant service provider to such registered investment company, or of any entity controlling, controlled by, or under the common control with such service provider; (ix) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of— (I) a material business relationship with the investment company or an affiliated person of such investment company; (II) a close familial relationship with any natural person who is an affiliated person of such investment company; or (III) any other reason determined by the Commission. ; (2) in subparagraph (B)— (A) in clause (iv), by striking two and inserting 5 ; and (B) by striking clause (vii) and inserting the following: (vii) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of— (I) a material business relationship with such investment adviser or principal underwriter or affiliated person of such investment adviser or principal underwriter; (II) a close familial relationship with any natural person who is an affiliated person of such investment adviser or principal underwriter; or (III) any other reason as determined by the Commission.. (d) Definition of significant service provider \nSection 2(a) of the Investment Company Act of 1940 is amended by adding at the end the following: (53) Significant service provider \n(A) In general \nNot later than 270 days after the date of enactment of the Mutual Fund Reform Act of 2004 , the Commission shall issue final rules defining the term significant service provider. (B) Requirements \nThe definition developed under paragraph (1) shall include, at a minimum, the investment adviser and principal underwriter of a registered investment company for purposes of paragraph (19)..", "id": "H496048B346FB485FFFF056B7823178F", "header": "Independent directors" }, { "text": "102. Study of director compensation and independence \n(a) In general \nThe Commission shall conduct a study of— (1) whether any limits should be placed upon the amount of compensation paid by a registered investment company or any affiliate of such company to a director thereof; and (2) whether a director of a registered investment company who is otherwise not an interested person of a registered investment company, as defined in section 2(a)(19) of the Investment Company Act of 1940 , as amended by this Act, but serves as a director of multiple registered investment companies, or receives substantial compensation from the investment adviser of any such company, should be considered an interested person for purposes of section 2 of the Investment Company Act of 1940. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report regarding the study conducted under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "HD3705BBB46CC9D4AB0D4AC90B3F7BDE", "header": "Study of director compensation and independence" }, { "text": "103. Fiduciary duties of directors \nSection 10 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–10 ), as amended by this Act, is amended by adding at the end the following: (j) Fiduciary duty of directors \n(1) In general \nThe members of the board of directors of a registered investment company shall have a fiduciary duty to act with loyalty and care, in the best interests of the shareholders. (2) Rulemaking \nThe Commission shall promulgate rules to clarify the scope of the fiduciary duty under paragraph (1), which rules shall, at a minimum, require the directors of a registered investment company to— (A) determine the extent to which independent and reliable sources of information are sufficient to discharge director responsibilities; (B) negotiate management and advisory fees with due regard for the actual cost of such services, including economies of scale; (C) evaluate the totality of fees with reference to the interests of shareholders; (D) evaluate the quality of the management of the company and potentially superior alternatives; (E) evaluate the quality, comprehensiveness, and clarity of disclosures to shareholders regarding costs; (F) evaluate any distribution or marketing plan of the company, including its costs and benefits; (G) evaluate the size of the portfolio of the company and its suitability to the interests of shareholders; (H) implement and monitor policies to ensure compliance with applicable securities laws; and (I) implement and monitor policies with respect to predatory trading practices..", "id": "H1D65B0E44E3E13E736270D89F1FF93B", "header": "Fiduciary duties of directors" }, { "text": "104. Fiduciary duty of investment adviser \nSection 36 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–35(b) ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Duties with respect to compensation and provision of information \nFor purposes of subsections (a) and (b), the fiduciary duty of an investment adviser— (1) with respect to any compensation received, may require reasonable reference to the actual costs of the adviser and economies of scale; and (2) shall include a duty to supply such material information as is necessary for the independent directors of a registered investment company with whom the adviser is employed to review and govern such company..", "id": "H5E41FCC049110AA3968696A57DF75A3", "header": "Fiduciary duty of investment adviser" }, { "text": "105. Termination of fund adviser \nThe Commission shall promulgate such rules as it determines necessary in the public interest or for the protection of investors to facilitate the process through which the independent directors of a registered investment company may terminate the services of the investment adviser of such company in the good faith exercise of their fiduciary duties, without undue exposure to financial or litigation risk.", "id": "H6557DBCE4E2AEB50B73D7094D449EAA", "header": "Termination of fund adviser" }, { "text": "106. Independent accounting and auditing \n(a) Amendments \nSection 32 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–31 ) is amended— (1) in subsection (a)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) such accountant shall have been selected at a meeting held within 30 days before or after the beginning of the fiscal year or before the annual meeting of stockholders in that year by the vote, cast in person, of a majority of the members of the audit committee of such registered investment company; (2) such selection shall have been submitted for ratification or rejection at the next succeeding annual meeting of stockholders if such meeting be held, except that any vacancy occurring between annual meetings, due to the death or resignation of the accountant, may be filled by the vote of a majority of the members of the audit committee of such registered company, cast in person at a meeting called for the purpose of voting on such action; ; and (B) by adding at the end the following: The Commission, by rule, regulation, or order, may exempt a registered management company or registered face-amount certificate company otherwise subject to this subsection from the requirement in paragraph (1) that the votes by the members of the audit committee be cast at a meeting in person, when such a requirement is impracticable, subject to such conditions as the Commission may require. ; and (2) by adding at the end the following: (d) Audit committee requirements \n(1) Requirements as prerequisite to filing financial statements \nAny registered management company or registered face-amount certificate company that files with the Commission any financial statement signed or certified by an independent public accountant shall comply with the requirements of paragraphs (2) through (6) of this subsection and any rule or regulation of the Commission issued thereunder. (2) Responsibility relating to independent public accountants \nThe audit committee of the registered investment company, in its capacity as a committee of the board of directors, shall be directly responsible for the appointment, compensation, and oversight of the work of any independent public accountant employed by the registered investment company (including resolution of disagreements between management and the auditor regarding financial reporting) for the purpose of preparing or issuing the audit report or related work, and each such independent public accountant shall report directly to the audit committee. (3) Independence \n(A) In general \nEach member of the audit committee of the registered investment company shall be a member of the board of directors of the company, and shall otherwise be independent. (B) Criteria \nIn order to be considered to be independent for purposes of this paragraph, a member of an audit committee of a registered investment company may not, other than in his or her capacity as a member of the audit committee, the board of directors, or any other board committee— (i) accept any consulting, advisory, or other compensatory fee from the registered investment company or the investment adviser or principal underwriter of the registered investment company; or (ii) be an interested person of the registered investment company. (4) Complaints \nThe audit committee of the registered investment company shall establish procedures for— (A) the receipt, retention, and treatment of complaints received by the registered investment company regarding accounting, internal accounting controls, or auditing matters; and (B) the confidential, anonymous submission by employees of the registered investment company and its investment adviser or principal underwriter of concerns regarding questionable accounting or auditing matters. (5) Authority to engage advisers \nThe audit committee of the registered investment company shall have the authority to engage independent counsel and other advisers, as it determines necessary to carry out its duties. (6) Funding \nThe registered investment company shall provide appropriate funding, as determined by the audit committee, in its capacity as a committee of the board of directors, for payment of compensation— (A) to the independent public accountant employed by the registered investment company for the purpose of rendering or issuing the audit report; and (B) to any advisers employed by the audit committee under paragraph (5). (7) Audit committee \nFor purposes of this subsection, the term audit committee means— (A) a committee (or equivalent body) established by and amongst the board of directors of a registered investment company for the purpose of overseeing the accounting and financial reporting processes of the company and audits of the financial statements of the company; and (B) if no such committee exists with respect to a registered investment company, the entire board of directors of the company.. (b) Conforming amendment \nSection 10A(m) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78j–1(m) ) is amended by adding at the end the following: (7) Exemption for investment companies \nEffective one year after the date of enactment of the Mutual Fund Reform Act of 2004 , for purposes of this subsection, the term issuer shall not include any investment company that is registered under section 8 of the Investment Company Act of 1940.. (c) Implementation \nThe Commission shall issue final regulations to carry out section 32(d) of the Investment Company Act of 1940 , as added by subsection (a) of this section.", "id": "H16A9DCAC4D1DF47B74BD489B6486A17", "header": "Independent accounting and auditing" }, { "text": "107. Prevention of fraud; internal compliance and control procedures \n(a) Detection and prevention of fraud \nSection 17(j) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–17(j) ) is amended to read as follows: (j) Detection and prevention of fraud \n(1) Commission rules to prohibit fraud, deception, and manipulation \nIt shall be unlawful for any affiliated person of or principal underwriter for a registered investment company or any affiliated person of an investment adviser of or principal underwriter for a registered investment company, to engage in any act, practice, or course of business in connection with the purchase or sale, directly or indirectly, by such person of any security held or to be acquired by such registered investment company, or any security issued by such registered investment company or by an affiliated registered investment company, in contravention of such rules as the Commission may adopt to define, and prescribe means reasonably necessary to prevent, such acts, practices, or courses of business as are fraudulent, deceptive or manipulative. (2) Codes of ethics \nThe rules adopted under paragraph (1) shall include requirements for the adoption of codes of ethics by a registered investment company and investment advisers of, and principal underwriters for, such investment companies establishing such standards as are reasonably necessary to prevent such acts, practices, or courses of business. Such rules and regulations shall require each such registered investment company to disclose such codes of ethics (and any changes therein) in the periodic report to shareholders of such company, and to disclose such code of ethics and any waivers and material violations thereof on a readily accessible electronic public information facility of such company and in such additional form and manner as the Commission shall require by rule or regulation. (3) Additional compliance procedures \nThe rules adopted under paragraph (1) shall— (A) require each registered investment company and investment adviser to adopt and implement general policies and procedures reasonably designed to prevent violations of this title, the Securities Act of 1933 ( 15 U.S.C. 78a et seq. ), the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201 et seq. ) and amendments made by that Act, the Trust Indenture Act of 1939 ( 15 U.S.C. 77aaa et seq. ), the Investment Advisers Act of 1940 ( 15 U.S.C. 80b et seq. ), the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. ), subchapter II of chapter 53 of title 31, United States Code, chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq. ), or section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) require each registered investment company and registered investment adviser to review such policies and procedures annually for their adequacy and the effectiveness of their implementation; and (C) require each registered investment company to appoint a chief compliance officer to be responsible for overseeing such policies and procedures— (i) whose compensation shall be approved by the members of the board of directors of the company who are not interested persons of the company; (ii) who shall report directly to the members of the board of directors of the company who are not interested persons of such company, privately as such members request, but not less frequently than annually; and (iii) whose report to such members shall include any violations or waivers of, and any other significant issues arising under, such policies and procedures. (4) Certifications \nThe rules adopted under paragraph (1) shall require each senior executive officer, or such officers designated by the Commission, of an investment adviser of a registered investment company to certify in each periodic report to shareholders, or other appropriate disclosure document, that— (A) procedures are in place for verifying that the determination of current net asset value of any redeemable security issued by the company used in computing periodically the current price for the purpose of purchase, redemption, and sale complies with the requirements of this title and the rules and regulations issued under this title, and the company is in compliance with such procedures; (B) procedures are in place to ensure that, if the shares of the company are offered as different classes of shares, such classes are designed in the interests of shareholders, and could reasonably be an appropriate investment option for a shareholder; (C) procedures are in place to ensure that information about the portfolio securities of the company is not disclosed in violation of the securities laws or the code of ethics of the company; (D) the members of the board of directors who are not interested persons of the company have reviewed and approved the compensation of the portfolio manager of the company in connection with their consideration of the investment advisory contract under section 15(c); and (E) the company has established and enforces a code of ethics, as required by paragraph (2).. (b) Whistleblower protection \nSection 1514A(a) of title 18, United States Code, is amended by striking the matter preceding paragraph (1) and inserting the following: (a) Whistleblower protection for employees of publicly traded companies and registered investment companies \nNo company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ), or that is required to file reports under section 15(d) of the Securities and Exchange Act of 1934 ( 15 U.S.C. 78o(d) ), or that is an investment adviser, principal underwriter, or significant service provider (as such terms are defined under section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ) of an investment company which is registered under section 8 of the Investment Company Act of 1940 , or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee—.", "id": "H4C7D5DF2417368BE45AE958035874CF", "header": "Prevention of fraud; internal compliance and control procedures" }, { "text": "201. Cost consolidation and clarity \n(a) Expense ratio computation \n(1) In general \nThe Commission shall, by rule, develop a standardized method of calculating the expense ratio of a registered investment company that accounts for as many operating costs to shareholders of such companies as is practicable. (2) Separate disclosures \nIn developing the method of calculation required under paragraph (1), if the Commission determines that the inclusion of certain costs in such calculation will lead to a significant risk of confusing or misleading shareholders, the Commission shall develop separate standardized methods for the calculation and disclosure of such costs. (b) Transaction cost ratio \nThe Commission shall, by rule, develop a standardized method of computing the transaction cost ratio of a registered investment company that practicably and fairly accounts for actual transaction costs to shareholders, including, at a minimum, brokerage commissions and bid-ask spread costs. Such computation, if necessary for ease of administration, may be based upon a fair method of estimation or a standardized derivation from easily ascertainable information. (c) Disclosure of expense ratio and transaction cost ratio \nThe Commission shall, by rule, require the prominent disclosure of the expense ratio and the transaction cost ratio of a registered company, both separately and as a total investment cost ratio, in— (1) each annual report of the registered investment company; (2) any prospectus of the registered investment company, as part of a fee table; and (3) such other filings with the Commission as the Commission determines appropriate. (d) Actual cost disclosure \nThe Commission shall, by rule, require, on at least an annual basis, the prominent disclosure in the shareholder account statement of a registered investment company of the actual dollar amount of the projected annual costs of each shareholder of the company, based upon the asset value of the shareholder at the time of the disclosure. (e) Definition of fees and expenses \n(1) In general \nThe Commission shall, by rule, define all specific allowable types or categories of fees and expenses that may be borne by the shareholders of a registered investment company. (2) New fees and expenses \nNo new fee or expense, other than any defined under paragraph (1), shall be borne by the shareholders of a registered investment company, unless the Commission finds that such new fee or expense fairly reflects the services provided to, or is in the best interests of the shareholders of— (A) a particular registered investment company; (B) specific types or categories of registered investment companies; or (C) registered investment companies in general. (f) Cost structures \nThe Commission shall promulgate such rules or regulations as are necessary— (1) to promote the standardization and simplification of the disclosure of the cost structures of registered investment companies; and (2) to ensure that the shareholders of such registered investment companies receive all material information regarding such costs— (A) in a nonmisleading manner; and (B) in such form and prominence as to facilitate, to the extent practicable, ease of comprehension and comparison of such costs. (g) Descriptions of fees, expenses, and costs \nThe Commission shall, by rule, require— (1) the disclosure, in any annual or periodic report filed with the Commission or any prospectus delivered to the shareholders of a registered investment company, of all types of fees, expenses, or costs borne by shareholders; (2) a clear definition of each such fee, expense, or cost; and (3) information as to where shareholders may find out more information concerning such fees, expenses, or costs.", "id": "H102DF9CA43F74F0E372F08A9CC45E74", "header": "Cost consolidation and clarity" }, { "text": "202. Advisor compensation and ownership of fund shares \n(a) Compensation of investment adviser \nThe Commission shall, by rule, require— (1) the disclosure to the shareholders of a registered investment company of— (A) the amount and structure of, or the method used to determine, the compensation paid by the registered investment company to the portfolio manager or portfolio management team of the investment adviser; and (B) the ownership interest in such company of the portfolio manager or portfolio management team; and (2) the disclosure to the board of directors of the registered investment company of all transactions in the securities of the company by the portfolio manager or management team of the investment adviser of such company. (b) Form of disclosure \nThe disclosures required under subparagraphs (A) and (B) of subsection (a)(1) shall be made by a registered investment company in— (1) the registration statement of the company; and (2) any other filings with the Commission that the Commission determines appropriate.", "id": "H8D31FD3C442265D0A33E1381F602E4C", "header": "Advisor compensation and ownership of fund shares" }, { "text": "203. Point of sale and additional disclosure of broker compensation \nSection 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) ) is amended by adding at the end the following: (11) Broker disclosures in mutual fund transactions \n(A) In general \nEach broker shall disclose in writing to each person that purchases the shares of an investment company registered under section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 )— (i) the source and amount of any compensation received or to be received by the broker in connection with such transaction; and (ii) such other information as the Commission determines appropriate. (B) Timing of disclosure \nThe disclosures required under subparagraph (A) shall be made at or before the time of the purchase transaction. (C) Limitation \nThe disclosures required under subparagraph (A) may not be made exclusively in— (i) a registration statement or prospectus of the registered investment company; or (ii) any other filing of a registered investment company with the Commission..", "id": "HFA92BCDD45AF3562E2A0FCA4D2F3E8D", "header": "Point of sale and additional disclosure of broker compensation" }, { "text": "204. Breakpoint discounts \nThe Commission, by rule, shall require the disclosure by any registered investment company, in any quarterly or other periodic report filed with the Commission, information concerning discounts on front-end sales loads for which shareholders may be eligible, including the minimum purchase amounts required for such discounts.", "id": "HE9AC3AA2464865500CDB5A965D168FF", "header": "Breakpoint discounts" }, { "text": "205. Portfolio turnover ratio \nThe Commission, by rule, shall require the disclosure, by any registered investment company, in any quarterly or periodic report filed with the Commission, and in any prospectus delivered to the shareholders of such company, of the portfolio turnover ratio of the company, and an explanation of its meaning and implications for cost and performance. Such rules shall require the disclosures to be prominently displayed within the appropriate document.", "id": "H46F8547E459DDD2A29CF15955C81DE5", "header": "Portfolio turnover ratio" }, { "text": "206. Proxy voting policies and record \nSection 30 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–29 ) is amended by adding at the end the following: (k) Proxy voting disclosure \n(1) In general \nEach registered investment company, other than a small business investment company, shall file with the Commission, not later than August 31 of each year, an annual report, on a form prescribed by the Commission by rule, containing the proxy voting record of the registrant and policies of the company with respect to the voting of such proxies for the most recent 12-month period ending on June 30. (2) Notice in financial statements \nThe financial statements of each registered investment company shall state that information regarding how the company voted proxies and proxy voting policies relating to portfolio securities during the most recent 12-month period ending on June 30 is available— (A) without charge, upon request, by calling a specified toll-free (or collect) telephone number; or on or through the company’s website at a specified Internet address, or both; and (B) on the website of the Commission..", "id": "H25DAC87D4D9F82FD9AF349889F1CD84", "header": "Proxy voting policies and record" }, { "text": "207. Customer information from account intermediaries \n(a) In general \nThe Commission shall, by rule, require that each account intermediary of a registered investment company provide to such company, with respect to each account serviced by the intermediary, such information as is necessary for the company to enforce its investment, trading, and fee policies. (b) Requirements \nThe information provided by a registered investment company under subsection (a) shall include, at a minimum— (1) the name under which the account is opened with the intermediary; (2) the taxpayer identification number of such person; (3) the mailing address of such person; and (4) individual transaction data for all purchases, redemptions, transfers, and exchanges by or on behalf of such person. (c) Privacy of information \nThe information provided under subsection (a), and the use thereof, shall be subject to all Federal and State laws with regard to privacy and proprietary information.", "id": "HAE6BF376496816C1966561AB5F00CCA", "header": "Customer information from account intermediaries" }, { "text": "208. Advertising \n(a) Performance advertising \nThe Commission shall promulgate such rules as the Commission determines necessary with respect to the advertising of a registered investment company regarding— (1) unrepresentative short-term performance; (2) performance based upon an undisclosed or improbable event; and (3) performance based upon incomplete or misleading data. (b) Dollar and time-weighted returns \n(1) In general \nSubject to paragraph (2), the Commission shall, by rule, require each registered investment company to disclose, in its annual report and any prospectus delivered to shareholders, dollar-weighted returns and time-weighted returns for each of— (A) the preceding fiscal year; (B) the preceding 5 fiscal years; (C) the preceding 10 fiscal years; and (D) the life of the company. (2) Exception \nThe Commission may omit or require additional disclosures required under paragraph (1) for such time periods as the Commission determines necessary. (3) Commission use of benchmarks \nThe Commission may require, in the interest of facilitating non-misleading disclosures, that any performance-related advertising by a registered investment company be accompanied by such benchmarks as the Commission may deem appropriate. (c) Subsidized yields \nThe Commission shall, by rule, require that any registered investment company that discloses in any publication a subsidized yield to disclose in the same publication the amount and duration of such subsidy.", "id": "HFF85766D4E1A83E8714F4A900000FAD", "header": "Advertising" }, { "text": "301. Prohibition of asset-based distribution expenses \n(a) Repeal of rule 12b–1 \n(1) In general \nBeginning 180 days after the date of enactment of this Act (or such earlier time as the Commission may elect), as in effect on the date of enactment of this Act, section 270.12b–1 of chapter II of title 17 of the Code of Federal Regulations, promulgated under section 12 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–12 ), is repealed, and shall have no force or effect. (2) Preservation of actions \nParagraph (1) shall have no effect on any case pending or penalty imposed under section 270.12b–1 of the Code of Federal Regulations prior to the date of repeal under paragraph (1). (b) Payment of distribution expenses from management fee \nSection 12 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–12 ) is amended by adding at the end the following: (h) Payment of distribution expenses \nNotwithstanding any provision of subsection (b), or any rule or regulation promulgated thereunder, distribution expenses incurred by an investment adviser may be paid out of the management fee received by the investment adviser.. (c) Sums expended promoting sale of securities \nThe Commission shall, by rule— (1) require that any sums expended by the investment adviser of a registered investment company to promote or facilitate the sale of the securities of such company be disclosed to the board of directors of the company; (2) require that such sums be accounted for and identified in the expense ratio of any such company; and (3) authorize the board of directors of any such company to prohibit its investment adviser from using any compensation received from the company for distribution expenses that the board determines not to be in the best interest of the shareholders of the company. (d) Prohibition of asset-based fees \nSection 12 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–12 ), as amended by subsection (a), is amended by adding at the end the following: (i) Asset-based fees \n(1) In general \nIt shall be unlawful for any registered investment company to pay asset-based fees to any broker or dealer in connection with the offer or sale of the securities of such investment company. (2) Definition of asset-based fees \nThe Commission shall, by rule, define the term asset-based fees for purposes of this subsection..", "id": "H49A03FC04CC5E7786CBE018D826DBA3", "header": "Prohibition of asset-based distribution expenses" }, { "text": "302. Prohibition on revenue sharing, directed brokerage, and soft dollar arrangements \n(a) In general \nThe Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ) is amended by inserting after section 12 the following: 12A. Prohibition on revenue sharing, directed brokerage, and soft dollar arrangements \n(a) Revenue sharing arrangements \nIt shall be unlawful for any investment adviser to enter into a revenue sharing arrangement with any broker or dealer with respect to the securities of a registered investment company. (b) Directed brokerage arrangements \nIt shall be unlawful for any registered investment company, or any affiliate of such company, to enter into a directed brokerage arrangement with a broker or dealer. (c) Soft-dollar arrangements \nIt shall be unlawful for any registered investment company or registered investment adviser to enter into a soft-dollar arrangement with any broker or dealer. (d) Regulations respecting Section 28(E) of the Securities Exchange Act of 1934 \nThe Commission shall, by rule, narrow the soft-dollar safe harbor under section 28(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78bb(e)(1) ) to promote such parity as the Commission determines appropriate, and in the best interests of shareholders of a registered investment company, between registered investment companies governed by section 12A, and companies not covered by section 12A. (e) Definitions \n(1) In general \nIn this section— (A) the term directed brokerage arrangement means the direction of discretionary brokerage by an investment company or an affiliate of that company, to a broker or dealer in exchange for services other than trade executions; (B) the term revenue sharing arrangement means any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of a registered investment company, other than any payment made directly by a shareholder as a commission for the purchase of such securities; (C) the term soft-dollar arrangement means payments to a broker or dealer for best trade executions in exchange for, or which generate credits for, services or products other than trade executions; and (D) the term trade executions has the meaning given that term by the Commission, by rule; (2) Regulations \nThe Commission may, by rule, refine the definitions under paragraph (1), define such other terms as the Commission determines necessary, and otherwise tailor the proscriptions set forth under this section to achieve the purposes of— (A) protecting the best interests of shareholders of a registered investment company; (B) minimizing or eliminating conflicts with the best interests of shareholders of a registered investment company; (C) enhancing market negotiation for and price competition in trade execution services, and products and services previously obtained under arrangements prohibited by this section; (D) ensuring the transparency of transactions for trade executions, and products and services previously obtained under arrangements prohibited by this section, and disclosure to shareholders of costs associated with trade executions, and products and services previously obtained under arrangements prohibited by this section, that is simplified, clear, and comprehensible; and (E) providing reasonable safe harbors for conduct otherwise consistent with such purposes.. (b) Technical and conforming amendment \nSection 28(e)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78bb(e)(1) ) is amended by striking This section is exclusive and inserting Except as provided under section 12A of the Investment Company Act of 1940 , this section is exclusive.", "id": "HC15FB71B424F3A737B7524B853AA2B1", "header": "Prohibition on revenue sharing, directed brokerage, and soft dollar arrangements" }, { "text": "12A. Prohibition on revenue sharing, directed brokerage, and soft dollar arrangements \n(a) Revenue sharing arrangements \nIt shall be unlawful for any investment adviser to enter into a revenue sharing arrangement with any broker or dealer with respect to the securities of a registered investment company. (b) Directed brokerage arrangements \nIt shall be unlawful for any registered investment company, or any affiliate of such company, to enter into a directed brokerage arrangement with a broker or dealer. (c) Soft-dollar arrangements \nIt shall be unlawful for any registered investment company or registered investment adviser to enter into a soft-dollar arrangement with any broker or dealer. (d) Regulations respecting Section 28(E) of the Securities Exchange Act of 1934 \nThe Commission shall, by rule, narrow the soft-dollar safe harbor under section 28(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78bb(e)(1) ) to promote such parity as the Commission determines appropriate, and in the best interests of shareholders of a registered investment company, between registered investment companies governed by section 12A, and companies not covered by section 12A. (e) Definitions \n(1) In general \nIn this section— (A) the term directed brokerage arrangement means the direction of discretionary brokerage by an investment company or an affiliate of that company, to a broker or dealer in exchange for services other than trade executions; (B) the term revenue sharing arrangement means any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of a registered investment company, other than any payment made directly by a shareholder as a commission for the purchase of such securities; (C) the term soft-dollar arrangement means payments to a broker or dealer for best trade executions in exchange for, or which generate credits for, services or products other than trade executions; and (D) the term trade executions has the meaning given that term by the Commission, by rule; (2) Regulations \nThe Commission may, by rule, refine the definitions under paragraph (1), define such other terms as the Commission determines necessary, and otherwise tailor the proscriptions set forth under this section to achieve the purposes of— (A) protecting the best interests of shareholders of a registered investment company; (B) minimizing or eliminating conflicts with the best interests of shareholders of a registered investment company; (C) enhancing market negotiation for and price competition in trade execution services, and products and services previously obtained under arrangements prohibited by this section; (D) ensuring the transparency of transactions for trade executions, and products and services previously obtained under arrangements prohibited by this section, and disclosure to shareholders of costs associated with trade executions, and products and services previously obtained under arrangements prohibited by this section, that is simplified, clear, and comprehensible; and (E) providing reasonable safe harbors for conduct otherwise consistent with such purposes.", "id": "HC5D963CA4701425F6849289FD6CD35C", "header": "Prohibition on revenue sharing, directed brokerage, and soft dollar arrangements" }, { "text": "303. Market timing \n(a) In general \nThe Commission shall, by rule, require— (1) the disclosure in any registration statement filed with the Commission by a registered investment company of the market timing policies of that company and the procedures adopted to enforce such policies; and (2) that any registered investment company that declines to adopt restrictions on market timing disclose such fact in the registration statement of the company, and in any advertising or other publicly available documents, as the Commission determines necessary. (b) Fundamental investment policy \nThe policies required to be disclosed under paragraph (1) shall be deemed fundamental investment policies for purposes of sections 8(b)(3) and 13(a)(3) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8(b)(3) and 80a–13(a)(3)).", "id": "HF7797F3345254514978EFC8ABC6ED4D", "header": "Market timing" }, { "text": "304. Elimination of stale prices \n(a) In general \nNot later than 90 days after the date of enactment of this Act, the Commission shall prescribe, by rule or regulation, standards concerning the obligation of registered investment companies under the Investment Company Act of 1940 , to apply and use fair value methods of determination of net asset value when market quotations are unavailable or do not accurately reflect the fair market value of the portfolio securities of such a company, in order to prevent dilution of the interests of long-term shareholders or as necessary in the public interest or for the protection of shareholders. (b) Content \nThe rule or regulation prescribed under subsection (a) shall identify, in addition to significant events, the conditions or circumstances from which such an obligation will arise, such as the need to value securities traded on foreign exchanges, and the methods by which fair value methods shall be applied in such events, conditions, and circumstances.", "id": "HEC9D591A4174B5D9568BB1B94DE0012", "header": "Elimination of stale prices" }, { "text": "305. Prohibition of short term trading; mandatory redemption fees \n(a) Short-term trading prohibited \nSection 17 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–17 ) is amended by adding at the end the following: (k) Short-term trading prohibited \n(1) Prohibition \nIt shall be unlawful for any officer, director, partner, or employee of a registered investment company, any affiliated person, investment adviser, or principal underwriter of such company, or any officer, director, partner, or employee of such an affiliated person, investment adviser, or principal underwriter, to engage in any short-term transaction, in any securities issued by such company, or any affiliate of such company. (2) Limitation \nThis subsection does not prohibit any transaction in a money market fund, or in funds, the investment policy of which expressly permits short-term transactions, or such other category of registered investment company as the Commission shall specify, by rule. (3) Definition \nFor purposes of this subsection, the term short-term transaction has the meaning given that term by the Commission, by rule.. (b) Mandatory redemption fees \nThe Commission shall, by rule, require any registered investment company that does not allow for market timing practices to charge a redemption fee upon the short-term redemption of any securities of such company. In determining the application of mandatory redemption fees, shares shall be considered in the reverse order of their purchase. (c) Increased redemption fees permitted for short-term trading \nNot later than 90 days after the date of enactment of this Act, the Commission shall permit a registered investment company to charge redemption fees in excess of 2 percent upon the redemption of any securities of such company that are redeemed within such period after their purchase as the Commission specifies in such rule to deter short term trading that is unfair to the shareholders of such company. (d) Deadline for rules \nThe Commission shall prescribe rules to implement section 17(k) of the Investment Company Act of 1940 , as added by subsection (a) of this section, not later than 90 days after the date of enactment of this Act.", "id": "H900D7090442C6373C9D7B281C4F4EC6", "header": "Prohibition of short term trading; mandatory redemption fees" }, { "text": "306. Prevention of after-hours trading \n(a) Additional rules required \nThe Commission shall issue rules to prevent transactions in the securities of any registered investment company in violation of section 22 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–22 ), including after-hours trades that are executed at a price based on a net asset value that was determined as of a time prior to the actual execution of the transaction. (b) Trades collected by intermediaries \nThe Commission shall determine the circumstances under which to permit, subject to rules of the Commission and an annual independent audit of such trades, the execution of after-hours trades that are provided to a registered investment company by a broker, dealer, retirement plan administrator, insurance company, or other intermediary, after the time as of which the net asset value was determined.", "id": "H2B09BD0640BD182298EE10B2ACCC5DB", "header": "Prevention of after-hours trading" }, { "text": "307. Ban on joint management of mutual funds and hedge funds \n(a) Amendment \nSection 15 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–15 ) is amended by adding at the end the following: (h) Ban on joint management of mutual funds and hedge funds \n(1) Prohibition of joint management \nIt shall be unlawful for any individual to serve or act as the portfolio manager or investment adviser of a registered open-end investment company if such individual also serves or acts as the portfolio manager or investment adviser of an investment company that is not registered or of such other categories of companies as the Commission shall prescribe by rule in order to prohibit conflicts of interest, such as conflicts in the selection of the portfolio securities. (2) Exceptions \nNotwithstanding paragraph (1), the Commission may, by rule, regulation, or order, permit joint management by a portfolio manager in exceptional circumstances when necessary to protect the interest of shareholders, provided that such rule, regulation, or order requires— (A) enhanced disclosure by the registered open-end investment company to shareholders of any conflicts of interest raised by such joint management; and (B) fair and equitable policies and procedures for the allocation of securities to the portfolios of the jointly managed companies, and certification by the members of the board of directors who are not interested persons of such registered open-end investment company, in the periodic report to shareholders, or other appropriate disclosure document, that such policies and procedures of such company are fair and equitable. (3) Definition \nFor purposes of this subsection, the term portfolio manager means the individual or individuals who are designated as responsible for decision-making in connection with the securities purchased and sold on behalf of a registered open-end investment company, but shall not include individuals who participate only in making research recommendations or executing transactions on behalf of such company.. (b) Deadline for rules \nThe Commission shall prescribe rules to implement section 15(h) of the Investment Company Act of 1940 , as added by subsection (a) of this section, not later than 90 days after the date of enactment of this Act.", "id": "H54DAB52341694E59DD317682A99DA0A", "header": "Ban on joint management of mutual funds and hedge funds" }, { "text": "308. Selective disclosures \n(a) In general \nThe Commission shall promulgate such rules as the Commission determines necessary to prevent the selective disclosure by a registered investment company of material information relating to the portfolio of securities held by such company. (b) Requirements \nThe rules promulgated under subsection (a) shall treat selective disclosures of material information by a registered investment company in substantially the same manner as selective disclosures by issuers of securities registered under section 12 of the Securities Exchange Act of 1934 under the rules of the Commission.", "id": "HEEAF844C4F586A079927FA94C42EF31", "header": "Selective disclosures" }, { "text": "401. Study of adviser conflict of interest \n(a) In general \nThe Commission shall conduct a study of— (1) the consequences of the inherent conflicts of interest confronting investment advisers employed by registered investment companies; (2) the extent to which legislative or regulatory measures could minimize such conflicts of interest; and (3) the extent to which legislative or regulatory measures could incentivize internal management of a registered investment company. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the results of the study required under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "HAD715F3349B6647A4819228ED4AD1CD", "header": "Study of adviser conflict of interest" }, { "text": "402. Study of coordination of enforcement efforts \n(a) In general \nThe Comptroller General of the United States, with the cooperation of the Commission, shall conduct a study of the coordination of enforcement efforts between— (1) the headquarters of the Commission; (2) the regional offices of the Commission; and (3) State regulatory and law enforcement agencies. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the results of the study required under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "H4DA7EF0F4ED81EF0CBCC09B24611B07", "header": "Study of coordination of enforcement efforts" }, { "text": "403. Study of Commission organizational structure \n(a) In general \nThe Comptroller General of the United States, with the cooperation of the Commission, shall conduct a study of— (1) the current organizational structure of the Commission with respect to the regulation of investment companies; (2) whether the organizational structure and resources of the Commission sufficiently credit the importance of oversight of investment companies to the 95 million investors in such companies within the United States; (3) whether certain organizational features of that structure, such as the separation of regulatory and enforcement functions, are sufficient to promote the optimal understanding of the current practices of investment companies; and (4) whether a separate regulatory entity would improve or impair effective oversight. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the results of the study required under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "HBAA40FCB4B76E3ACA9488D9926A0500", "header": "Study of Commission organizational structure" }, { "text": "404. Trends in arbitration clauses \n(a) In general \nThe Commission shall conduct a study on the trends in arbitration clauses between brokers, dealers, and investors since December 31, 1995, and alternative means to avert the filing of claims in Federal or State courts. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the results of the study required under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "H6A8C4FD34C6492CF23A90C85A97D60B", "header": "Trends in arbitration clauses" }, { "text": "405. Hedge fund regulation \n(a) In general \nThe Commission shall conduct a study of whether additional regulation of alternative investment vehicles, such as hedge funds, is appropriate to deter the recurrence of trading abuses, manipulation of registered investment companies by unregistered investment companies, or other distortions that may harm investors in registered investment companies. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the results of the study required under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "H3CDD8E874ADEB55106E11A9D59FFBCF", "header": "Hedge fund regulation" }, { "text": "406. Investor education and the Internet \n(a) In general \nThe Commission shall conduct a study of— (1) the means of enhancing the role of the Internet in educating investors and providing timely information regarding laws, regulations, enforcement proceedings, and individual registered investment companies; (2) the feasibility of mandating that each registered investment company maintain a website on which shall be posted filings of the registered investment company with the Commission and any other material information related to the registered investment company; and (3) the means of ensuring that the EDGAR database maintained by the Commission is user-friendly and contains a search engine that facilitates the expeditious location of material information. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the results of the study required under subsection (a) to— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives.", "id": "H50D3BC5C44D1FE4AFA8E49BD650033D", "header": "Investor education and the Internet" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Textiles and Apparel China Safeguard Act.", "id": "H6458D7E07045435F91D2783DE26B77DF", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Since January 1, 2001, the United States textiles and apparel industries have lost 345,000 jobs. (2) Under the terms of the Agreement on Textiles and Clothing of the World Trade Organization, on January 1, 2005, the United States will be required to eliminate all quotas on textiles and apparel products maintained against other World Trade Organization members, including the People’s Republic of China. (3) Job losses are expected to continue, and to accelerate after the elimination of United States quotas, with at least one study estimating that an additional 630,000 United States jobs in the textiles and apparel sector will be lost by the end of 2006. (4) Many analysts believe that the People’s Republic of China’s dominance of the United States textiles and apparel market will grow after the elimination of quotas, with some studies indicating that imports from the People's Republic of China will account for more than two-thirds of total United States consumption by 2006. (5) President Clinton negotiated the right to use a special textiles and apparel safeguard as an integral part of the agreement allowing the People’s Republic of China to join the World Trade Organization. The safeguard allows the United States to impose quotas on exports to the United States of textiles and apparel products of the People’s Republic of China if such exports result in or threaten disruption of the United States market. (6) The current Administration delayed in applying the special textiles and apparel safeguard by failing to implement it for 17 months after the accession to the World Trade Organization of the People’s Republic of China. During this delay, exports to the United States of textiles and apparel products of the People’s Republic of China increased substantially, while significant numbers of United States textiles and apparel workers lost their jobs. (7) When the executive branch finally issued procedures to implement the safeguard on May 21, 2003, those procedures severely restricted the ability of the United States textiles and apparel industries and their workers to employ the safeguard in ways not required by the Accession Agreement of the People’s Republic of China to the World Trade Organization. (8) To date, the executive branch has refused to self-initiate a case under the special textiles and apparel safeguard, notwithstanding the significant increase in exports to the United States of textiles and apparel products of the People’s Republic of China and concurrent job losses in the United States in the textiles and apparel industries. (9) Large bipartisan groups of Members of the House of Representatives and Senate urged the President to support a special session of the World Trade Organization to discuss the impact that expiration of textiles and apparel quotas will have on trade and employment in this sector throughout the world. (10) Despite studies showing major employment loss in the United States and disruptions in trade throughout the world, the President did not support such a special session at the World Trade Organization and has not created a comprehensive plan to address the expiration of the quota regime. (11) As part of the Doha Round negotiations of the World Trade Organization, the President has proposed to eliminate textiles and apparel tariffs.", "id": "H3DD6CF162B70473FA1444D52AE72EEE9", "header": "Findings" }, { "text": "3. Modification of regulations \nThe President shall, upon the enactment of this Act, modify the procedures for considering requests from the public for safeguard actions on imports of textiles and apparel products of the People’s Republic of China, as published in the Federal Register on May 21, 2003, so that import relief will be provided, in accordance with the Accession Agreement of the People’s Republic of China to the World Trade Organization, if a claim is supported by data showing that imports of textiles or apparel products of Chinese origin are, due either to market disruption, or to the threat of market disruption, threatening to impede the orderly development of trade in such products, including products not produced in the United States if such products include components of United States origin.", "id": "HF94CA13FDD544AF3AB24A7EF288C1632", "header": "Modification of regulations" }, { "text": "4. Comprehensive Agreement on Textiles and Apparel Products \nThe President shall, upon the enactment of this Act, initiate consultations with the People’s Republic of China for the purpose of reaching an agreement with that country on the application of quantitative limitations on imports into the United States of all textiles and apparel products that— (1) are products of the People’s Republic of China; (2) as of September 1, 2004, are subject to quotas under the Agreement on Textiles and Clothing of the World Trade Organization; and (3) meet the requirements for applying safeguards on such imports, as modified under section 3.", "id": "HBF310F6827754E3B9BD915AA5C2E5100", "header": "Comprehensive Agreement on Textiles and Apparel Products" }, { "text": "5. Imposition of quantitative limitations \nIf, within 90 days after consultations under section 4 are initiated, an agreement described in section 4 is not reached, the President shall impose the quantitative limitations provided for in the Accession Agreement referred to in section 3 on imports of all textiles and apparel products that were the subject of the consultations.", "id": "HAD8ED6D57B474639B900DDED5144F7DD", "header": "Imposition of quantitative limitations" } ]

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

[ { "text": "1. Removal of prohibition on admission of foreign media representatives as visitors \nSection 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ) is amended by striking or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation.", "id": "H906A87371EE54A29995C9788FF39CC66", "header": "Removal of prohibition on admission of foreign media representatives as visitors" } ]

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

[ { "text": "1. Pigment Yellow 175 \n(a) In general \nHeading 9902.32.19 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": "HBD5EF23104D443CE91A7C58EBAFA6910", "header": "Pigment Yellow 175" } ]

[ { "text": "1. Permanent resident status for Shpetim Daku \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Shpetim Daku shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Shpetim Daku enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Shpetim Daku, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Shpetim Daku shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HF56AB32CE0BC495C82CB72EF7C63A505", "header": "Permanent resident status for Shpetim Daku" } ]

[ { "text": "1. Travel reimbursement for military disability retirees \n(a) Reimbursement based on Department of Veterans Affairs beneficiary travel rate \nSection 1074i of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Disability retirees \nA member retired under chapter 61 of this title for a combat-related disability (as defined in section 1413a(e) of this title) shall be provided reimbursement for the travel expenses of such member for travel, during the two-year period beginning on the date of the retirement of the member, to a military treatment facility for medical care. Reimbursement under this subsection shall, as nearly as practicable, be under the same terms and conditions, and shall be at the same rate, as apply to beneficiary travel reimbursement provided by the Secretary of Veterans Affairs under section 111 of title 38.. (b) Effective date \nSubsection (c) of section 1074i of title 10, United States Code, as added by subsection (a), shall apply with respect to members retired under chapter 61 of title 10, United States Code, on or after October 7, 2001.", "id": "H897C283AEBA94487B0075D47FC6DCD49", "header": "Travel reimbursement for military disability retirees" } ]

[ { "text": "1. Ainsworth unit, sandhills division, pick-sloan Missouri basin program \n(a) In general \nThe Secretary of the Interior shall extend for the period described in subsection (b) the water service contract for the Ainsworth Unit, Sandhills Division, Pick-Sloan Missouri Basin Program, Nebraska, consisting of— (1) the water service contract entered into by the Secretary of the Interior under— (A) section 9(e) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(e) ); (B) section 9(c) of the Act of December 22, 1944 (58 Stat. 887, chapter 665); (C) the Act of August 21, 1954 (68 Stat. 757, chapter 781); and (D) the Act of May 18, 1956 (70 Stat. 160, chapter 285); and (2) the water service contract for the set project located in Cherry, Brown, and Rock Counties, Nebraska, for the use of a part of the waters of the Snake River, a tributary of the Niobrara River. (b) Period of extension \nThe water service contract described in subsection (a) shall be extended for 4 years after the date on which the contract expires under the water service contract and law in existence before the date of enactment of this Act.", "id": "H0A130BD42EBF4CA9BAAD955DF847EC21", "header": "Ainsworth unit, sandhills division, pick-sloan Missouri basin program" } ]

[ { "text": "1. Designation of Pearl Harbor Memorial Site Visitor Center \n(a) Designation \nThe visitor center at the U.S.S. Arizona Memorial in Hawaii is hereby designated as the Pearl Harbor Memorial Site Visitor Center. (b) Reference \nAny reference to the visitor center at the U.S.S. Arizona Memorial in Hawaii, in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Pearl Harbor Memorial Site Visitor Center.", "id": "H5B1005B6A0EB476FA8A3A978DD26F802", "header": "Designation of Pearl Harbor Memorial Site Visitor Center" } ]

[ { "text": "1. Marking of imported home furniture \n(a) In general \nSection 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ) is amended— (1) by redesignating subsections (i), (j), (k), and (l) as (j), (k), (l), and (m), respectively; and (2) by inserting after subsection (h) the following new subsection: (i) Marking of home furniture \nNo exception shall be made under subsection (a)(3) of this section with respect to home furniture, each piece of which shall have, in addition to the permanent marking required by subsection (a), a hang tag or paper label affixed in such a manner that a retail purchaser viewing the piece of unpackaged furniture can identify the country of origin on initial inspection without rotating, turning, or tilting the piece of home furniture. The hang tag or paper label shall be at least 70 square centimeters in size, shall be affixed in such a manner that it remains on the piece of home furniture until the piece reaches the ultimate retail consumer, and shall not be affixed to the back or underside of the piece of furniture. ; and (3) in subsection (k), as so redesignated, by striking subsection (i) and inserting subsection (j). (b) Effective date \nThe amendments made by this section shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after the date of the enactment of this Act.", "id": "HBE207817F0824654BBDD3F6D9E20626D", "header": "Marking of imported home furniture" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Promoting Community Investment Act of 2004.", "id": "H378E25E0736748428E183933F2C415AF", "header": "Short title" }, { "text": "2. Increase in aggregate asset size limitation of the small bank regulatory relief provision \n(a) In general \nSection 809(a) of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2908(a) ) is amended by striking $250,000,000 and inserting $1,000,000,000. (b) Future adjustment of asset size limitation for inflation \nSection 809 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2908 ) is amended by adding at the end the following new subsection: (d) Adjustment for inflation \n(1) In general \nBy January 31 of 2006, and the 1st day of each subsequent 1-year period, the Federal financial supervisory agencies shall jointly prescribe the amount by which the aggregate asset size limit described in subsection (a) shall be increased by calculating the product of— (A) $1,000,000,000; and (B) the ratio of the value of the Personal Consumption Expenditures Chain-Type Index (or any successor index thereto) published by the Department of Commerce, as of December 31 of the year preceding the year in which the adjustment is calculated under this paragraph, to the value of such index as of the date this subsection takes effect. (2) Rounding \nIf the amount determined under paragraph (1) for any period is not a multiple of $50,000,000 the amount so determined shall be rounded to the nearest $50,000,000. (3) Publication and report to the Congress \nNot later than February 15 of any calendar year in which an adjustment is required to be calculated under paragraph (1), the Federal financial supervisory agencies shall jointly— (A) publish in the Federal Register the amount calculated under such paragraph; and (B) jointly submit a report to the Congress containing the amount described in subparagraph (A)..", "id": "H8AE61885135F4206A84FE6B261FB0D4", "header": "Increase in aggregate asset size limitation of the small bank regulatory relief provision" } ]

[ { "text": "1. Suspension of duty on Diresul Brown GN Liquid Crude \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.04 Diresul Brown GN Liquid Crude (leuco sulfur dye) (provided for in subheading 3204.19.50) Free No change No change On or before 12/31/2008 (b) Effective Date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H678F5C0216F34649989721CC75151177", "header": "Suspension of duty on Diresul Brown GN Liquid Crude" } ]

[ { "text": "1. Sale or exchange of land, ozark-st. francis and Ouachita National Forests \n(a) In general \nThe Secretary of Agriculture (referred to in this Act as the Secretary ) may, under such terms and conditions as the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) In the Ouachita National Forest— (A) tract 1, Work Center and two Residences (approximately 12.4 acres), as identified on the map entitled Ouachita National Forest, Waldron, Arkansas, Work Center and Residences and dated July 26, 2000; (B) tract 2, Work Center (approximately 10 acres), as identified on the map entitled Ouachita National Forest, Booneville, Arkansas, Work Center and dated July 26, 2000; (C) tract 3, Residence (approximately 1/2 acre), as identified on the map entitled Ouachita National Forest, Glenwood, Arkansas, Residence and dated July 26, 2000; (D) tract 4, Work Center (approximately 10.12 acres), as identified on the map entitled Ouachita National Forest, Thornburg, Arkansas, Work Center and dated July 26, 2000; (E) tract 5, Office Building (approximately 1.5 acres), as identified on the map entitled Ouachita National Forest, Perryville, Arkansas, Office Building and dated July 26, 2000; (F) tract 6, Several Buildings, Including Office Space and Equipment Depot (approximately 3 acres), as identified on the map entitled Ouachita National Forest, Hot Springs, Arkansas, Buildings and dated July 26, 2000; (G) tract 7, Isolated Forestland (approximately 120 acres), as identified on the map entitled Ouachita National Forest, Sunshine, Arkansas, Isolated Forestland and dated July 26, 2000; (H) tract 8, Isolated Forestland (approximately 40 acres), as identified on the map entitled Ouachita National Forest, Sunshine, Arkansas, Isolated Forestland and dated July 26, 2000; (I) tract 9, Three Residences (approximately 9.89 acres), as identified on the map entitled Ouachita National Forest, Heavener, Oklahoma, Three Residences and dated July 26, 2000; (J) tract 10, Work Center (approximately 38.91 acres), as identified on the map entitled Ouachita National Forest, Heavener, Oklahoma, Work Center and dated July 26, 2000; (K) tract 11, Residence #1 (approximately 0.45 acres), as identified on the map entitled Ouachita National Forest, Talihina, Oklahoma, Residence #1 and dated July 26, 2000; (L) tract 12, Residence #2 (approximately 0.21 acres), as identified on the map entitled Ouachita National Forest, Talihina, Oklahoma, Residence #2 and dated July 26, 2000; (M) tract 13, Work Center (approximately 5 acres), as identified on the map entitled Ouachita National Forest, Big Cedar, Oklahoma, Work Center and dated July 26, 2000; (N) tract 14, Residence (approximately 0.5 acres), as identified on the map entitled Ouachita National Forest, Idabel, Oklahoma, Residence and dated July 26, 2000; (O) tract 15, Residence and Work Center (approximately 40 acres), as identified on the map entitled Ouachita National Forest, Idabel, Oklahoma, Residence and Work Center and dated July 26, 2000; and (P) tract 16, Isolated Forestland at sec. 30, T. 2 S., R. 25 W. (approximately 2.08 acres), as identified on the map entitled Ouachita National Forest, Mt. Ida, Arkansas, Isolated Forestland and dated August 27, 2001. (2) In the Ozark-St. Francis National Forest— (A) tract 1, Tract 750, District 1, Two Residences, Administrative Office (approximately 8.96 acres), as identified on the map entitled Ozark-St. Francis National Forest, Mountain View, Arkansas, Tract 750, District 1, Two Residences, Administrative Office and dated July 26, 2000; (B) tract 2, Tract 2736, District 5, Mountainburg Work Center (approximately 1.61 acres), as identified on the map entitled Ozark-St. Francis National Forest, Mountainburg, Arkansas, Tract 2736, District 5, Mountainburg Work Center and dated July 26, 2000; (C) tract 3, Tract 2686, District 6, House (approximately 0.31 acres), as identified on the map entitled Ozark-St. Francis National Forest, Paris, Arkansas, Tract 2686, District 6 House and dated July 26, 2000; (D) tract 4, Tract 2807, District 6, House (approximately 0.25 acres), as identified on the map entitled Ozark-St. Francis National Forest, Paris, Arkansas, Tract 2807, District 6, House and dated July 26, 2000; (E) tract 5, Tract 2556, District 3, Dover Work Center (approximately 2.0 acres), as identified on the map entitled Ozark-St. Francis National Forest, Dover, Arkansas, Tract 2556, District 3, Dover Work Center and dated July 26, 2000; (F) tract 6, Tract 2735, District 2, House (approximately 0.514 acres), as identified on the map entitled Ozark-St. Francis National Forest, Jasper, Arkansas, Tract 2735, District 2, House and dated July 26, 2000; and (G) tract 7, Tract 2574, District 2, House (approximately 0.75 acres), as identified on the map entitled Ozark-St. Francis National Forest, Jasper, Arkansas, Tract 2574, District 2, House and dated July 26, 2000. (b) Applicable authorities \nExcept as otherwise provided in this Act, any sale or exchange of land described in subsection (a) shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land for National Forest System purposes. (c) Cash equalization \nNotwithstanding any other provision of law, the Secretary may accept cash equalization payments in excess of 25 percent of the total value of the land described in subsection (a) from any exchange under subsection (a). (d) Solicitations of offers \n(1) In general \nIn carrying out this Act, the Secretary may use solicitations of offers for sale or exchange under this Act on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers \nThe Secretary may reject any offer under this Act if the Secretary determines that the offer is not adequate or not in the public interest.", "id": "H55A02987A8634F289C23A1E5508E253C", "header": "Sale or exchange of land, ozark-st. francis and Ouachita National Forests" }, { "text": "2. Disposition of funds \nAny funds received by the Secretary through sale or by cash equalization from an exchange— (1) shall be deposited into the fund established by Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and (2) shall be available for expenditure, without further Act of appropriation, for the acquisition, construction, or improvement of administrative facilities, land, or interests in land for the national forests in the States of Arkansas and Oklahoma.", "id": "H6A47BA5B06E94C9780222836A43C00EF", "header": "Disposition of funds" }, { "text": "3. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.", "id": "H25F163DBCA6B464C881936E5EC679C4E", "header": "Authorization of appropriations" } ]

[ { "text": "1. Extension of credit to businesses providing services to producers or harvesters of aquatic products \n(a) Farm credit banks \n(1) Eligibility for credit and financial services \nSection 1.9 of the Farm Credit Act of 1971 ( 12 U.S.C. 2017 ) is amended— (A) by striking or at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; or ; and (C) by adding at the end the following: (4) persons furnishing to producers or harvesters of aquatic products services directly related to their operating needs.. (2) Purposes for extensions of credit \nSection 1.11(c)(1) of such Act ( 12 U.S.C. 2019(c)(1) ) is amended by inserting and to persons furnishing services directly related to the operating needs of producers or harvesters of aquatic products after needs. (b) Production credit associations \nSection 2.4(a) of such Act ( 12 U.S.C. 2075(a) ) 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: (4) persons furnishing to producers or harvesters of aquatic products services directly related to their operating needs..", "id": "HAC353C78766644A6B183C54CF3E78F8F", "header": "Extension of credit to businesses providing services to producers or harvesters of aquatic products" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Permanent Sales Tax Deduction Act of 2004.", "id": "HF4818A3DFEF343D5863C9F345B4D2723", "header": "Short title" }, { "text": "2. Deduction of State and local sales taxes made permanent \nParagraph (5) of section 164(b) of the Internal Revenue Code of 1986 is amended by striking subparagraph (I).", "id": "H4DAD9C52FA854BAB96A18BDAE62B315", "header": "Deduction of State and local sales taxes made permanent" } ]

[ { "text": "1. Extension of contracts for national dairy market loss payments \nSection 1502 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7982 ) is amended in subsections (f) and (g)(1) by striking September 30, 2005 and inserting September 30, 2007.", "id": "H6C281FB473404CCA8B58FBEF41606D40", "header": "Extension of contracts for national dairy market loss payments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Internet Privacy Protection Act of 2004.", "id": "H5EBF20271AD04CA0BD777B6E608BCEE5", "header": "Short title" }, { "text": "2. Stored electronic communications \n(a) In general \nChapter 121 of title 18, United States Code, is amended by adding at the end the following: 2713. Improper access by service provider \n(a) Offense \nExcept as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000. (b) Exceptions \nIt is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702.. (b) Clerical Amendment \nThe table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by adding at the end the following new item: 2713. Improper access by service provider.", "id": "HE3F0C967813A4428A100DBB6B488BBE8", "header": "Stored electronic communications" }, { "text": "2713. Improper access by service provider \n(a) Offense \nExcept as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000. (b) Exceptions \nIt is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702.", "id": "H4758E71D936744758EF653B1D2B55B69", "header": "Improper access by service provider" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Tribal Parity Act.", "id": "HDF43FB2F0F984CCEA3379B857E4E2BA6", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891)), was approved to promote the general economic development of the United States; (2) the Fort Randall and Big Bend dam and reservoir projects in South Dakota— (A) are major components of the Pick-Sloan Missouri River Basin Program; and (B) contribute to the national economy; (3) the Fort Randall and Big Bend projects inundated the fertile bottom land of the Lower Brule and Crow Creek Sioux Tribes, which greatly damaged the economy and cultural resources of the Tribes; (4) Congress has provided compensation to several Indian tribes, including the Lower Brule and Crow Creek Sioux Tribes, that border the Missouri River and suffered injury as a result of 1 or more Pick-Sloan Projects; (5) the compensation provided to those Indian tribes has not been consistent; (6) Missouri River Indian tribes that suffered injury as a result of 1 or more Pick-Sloan Projects should be adequately compensated for those injuries, and that compensation should be consistent among the Tribes; and (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux Tribe, based on methodology determined appropriate by the General Accounting Office, are entitled to receive additional compensation for injuries described in paragraph (6), so as to provide parity among compensation received by all Missouri River Indian tribes.", "id": "HF9F6FF443DCD488494CAF7C8D4CB36D2", "header": "Findings" }, { "text": "3. Lower Brule Sioux Tribe \nSection 4(b) of the Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act ( Public Law 105–132 ; 111 Stat. 2565) is amended by striking $39,300,000 and inserting $186,822,140.", "id": "H3A995AADEFEA4798A544BA3D7C975951", "header": "Lower Brule Sioux Tribe" }, { "text": "4. Crow Creek Sioux Tribe \nSection 4(b) of the Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 ( Public Law 104–223 ; 110 Stat. 3027) is amended by striking $27,500,000 and inserting $105,917,853.", "id": "HD1EE92D087424F79B2B2DD4DD4AA00CF", "header": "Crow Creek Sioux Tribe" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Comptroller of the Currency Accountability Act.", "id": "HE919765171D94965A4B9577EA7C62DA", "header": "Short title" }, { "text": "2. Accountability of the Comptroller of the Currency \nSection 5240 of the Revised Statutes of the United States ( 12 U.S.C. 482 ) is amended by adding at the end the following new subsection: (g) Administrative expenses \n(1) In general \nNotwithstanding any other provision of this title or any other provision of law, the Comptroller of the Currency may not incur any obligation for administrative expenses in carrying out authorized activities for any fiscal year in excess of the amount provided in advance in an appropriation Act for such expenses for such year. (2) Authorization \nThere are authorized to be provided such amounts as may be necessary for the administrative expenses of the Comptroller of the Currency for fiscal years 2005, 2006, and 2007..", "id": "H2DD445AED97344719032DD57A52FB94D", "header": "Accountability of the Comptroller of the Currency" } ]

[ { "text": "1. Coastal recreation water quality monitoring and notification \nSection 406(i) of the Federal Water Pollution Control Act ( 33 U.S.C. 1346(i) ) is amended by striking 2005 and inserting 2010.", "id": "H63970AF1C0914102820086DF4432EA36", "header": "Coastal recreation water quality monitoring and notification" }, { "text": "2. Authorization of appropriations \nSection 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by striking 2005 and inserting 2010.", "id": "H9D36BDED234443EAA0432B78AEA901A8", "header": "Authorization of appropriations" } ]

[ { "text": "1. Repeal of reduction in medicare payment for certain items of durable medical equipment \nParagraph (21) of section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) ), as added by section 302(c)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is repealed.", "id": "H14A66838FFA04B77A4FCF2617C979B8D", "header": "Repeal of reduction in medicare payment for certain items of durable medical equipment" } ]

[ { "text": "1. Polyethylene HE2591 \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: 9902.39.33 Polyethylene HE2591 (CAS No. 25087–43–7), with l-butene as comonomer (provided for in subheading 3901.20.50) Free No change No change On or before 12/31/2008 (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H3E6C80F715BB499D8CC0D4BAB32FCE60", "header": "Polyethylene HE2591" } ]

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

[ { "text": "1. Prohibition on trading in U.S. capital markets \n(a) Prohibition \nThe President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to section 202 of that Act) to prohibit any entity engaged in the development of oil or gas in Sudan— (1) from raising capital in the United States; or (2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States. (b) Definition \nFor purposes of this section, an entity is engaged in the development of oil or gas in Sudan if that entity is directly engaged in the exploration, production, transportation (by pipeline or otherwise), or refining of petroleum, natural gas, or petroleum products in Sudan.", "id": "HF8C74323AD3A438296D431EEB252F6C", "header": "Prohibition on trading in U.S. capital markets" } ]

[ { "text": "1. Deduction of premiums for high deductible health plans \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Premiums for high deductible health plans \n(a) Deduction allowed \nIn the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. (b) Definitions \nFor purposes of this section— (1) Eligible individual \nThe term eligible individual has the meaning given such term by section 223(c)(1). (2) High deductible health plan \nThe term high deductible health plan has the meaning given such term by section 223(c)(2). (c) Special rules \n(1) Deduction allowable for only 1 plan \nFor purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for 1 of such plans for such month. (2) Employer provided coverage \n(A) In general \nNo deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage for such month that is excluded (in whole or in part) from the gross income of the individual or the individual's spouse under section 106. (B) Cafeteria plans, etc \nEmployer contributions to a cafeteria plan or a flexible spending or similar arrangement which are excluded from gross income under section 106 shall be treated for purposes of this section as paid by the employer. (3) Contributions to health savings account required \nA deduction shall not be allowed under subsection (a) for a taxable year with respect to such individual if such individual is not allowed a deduction under section 223 for such taxable year. (4) Medical and health savings accounts \nSubsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. (5) Coordination with deduction for health insurance of self-employed individuals \nThe amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. (6) Coordination with medical expense deduction \nThe amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.. (b) Deduction allowed whether or not individual itemizes other deductions \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Premiums for high deductible health plans \nThe deduction allowed by section 224.. (c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Premiums for high deductible health plans Sec. 225. Cross reference. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H680913C1CDB6419B842603E38DC6AEC3", "header": "Deduction of premiums for high deductible health plans" }, { "text": "224. Premiums for high deductible health plans \n(a) Deduction allowed \nIn the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. (b) Definitions \nFor purposes of this section— (1) Eligible individual \nThe term eligible individual has the meaning given such term by section 223(c)(1). (2) High deductible health plan \nThe term high deductible health plan has the meaning given such term by section 223(c)(2). (c) Special rules \n(1) Deduction allowable for only 1 plan \nFor purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for 1 of such plans for such month. (2) Employer provided coverage \n(A) In general \nNo deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage for such month that is excluded (in whole or in part) from the gross income of the individual or the individual's spouse under section 106. (B) Cafeteria plans, etc \nEmployer contributions to a cafeteria plan or a flexible spending or similar arrangement which are excluded from gross income under section 106 shall be treated for purposes of this section as paid by the employer. (3) Contributions to health savings account required \nA deduction shall not be allowed under subsection (a) for a taxable year with respect to such individual if such individual is not allowed a deduction under section 223 for such taxable year. (4) Medical and health savings accounts \nSubsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. (5) Coordination with deduction for health insurance of self-employed individuals \nThe amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. (6) Coordination with medical expense deduction \nThe amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.", "id": "HDF61B1FECD1C4271BD6B4FEF31C1CAA6", "header": "Premiums for high deductible health plans" } ]

[ { "text": "1. Certain modifications permitted to qualified mortgages held by a REMIC or a grantor trust \n(a) Qualified mortgages held by a REMIC \n(1) In general \nParagraph (3) of section 860G(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Qualified modifications \n(i) In general \nAn obligation shall not fail to be treated as a qualified mortgage solely because of a qualified modification of such obligation. (ii) Qualified modification \nFor purposes of this section, the term qualified modification means, with respect to any obligation, any amendment, waiver, or other modification which is treated as a disposition of such obligation under section 1001 if such amendment, waiver or other modification does not— (I) extend the final maturity date of the obligation, (II) increase the outstanding principal balance under the obligation (other than the capitalization of accrued, unpaid interest), (III) result in a release of an interest in real property securing the obligation such that the obligation is not principally secured by an interest in real property (determined after giving effect to the release), or (IV) result in an instrument or property right which is not debt for Federal income tax purposes. (iii) Defaults \nUnder regulations prescribed by the Secretary, any amendment, waiver, or other modification of an obligation which is in default or with respect to which default is reasonably foreseeable may be treated as a qualified modification for purposes of this section. (iv) Defeasance with government securities \nThe requirements of clause (ii)(III) shall be treated as satisfied if, after the release described in such clause, the obligation is principally secured by Government securities and the amendment, waiver, or other modification to such obligation satisfies such requirements as the Secretary may prescribe.. (2) Exception from prohibited transaction rules \nSubparagraph (A) of section 860F(a)(2) of such Code is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or , and by adding at the end the following new clause: (v) a qualified modification (as defined in section 860G(a)(3)(C)).. (3) Conforming amendments \n(A) Section 860G(a)(3) of such Code is amended— (i) by redesignating clauses (i) and (ii) of subparagraph (A) as subclauses (I) and (II), respectively, (ii) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, (iii) by striking The term and inserting the following: (A) In general \nThe term , and (iv) by striking For purposes of subparagraph (A) and inserting the following: (B) Tenant-stockholders of cooperative housing corporations \nFor purposes of subparagraph (A)(i). (B) Section 860G(a)(3)(A)(iv) of such Code (as redesignated by subparagraph (A)) is amended— (i) by striking clauses (i) and (ii) of subparagraph (A) and inserting subclauses (I) and (II) of clause (i) , and (ii) by striking subparagraph (A) (without regard to such clauses) and inserting clause (i) (without regard to such subclauses). (b) Qualified mortgages held by a grantor trust \nSection 672 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Special rule for certain investment trusts \nA grantor shall not fail to be treated as the owner of any portion of a trust under this subpart solely because such portion includes one or more obligations with respect to which a qualified modification (within the meaning of section 860G(a)(3)(C)) has been, or may be, made under the terms of such trust.. (c) Effective Date \nThe amendments made by this section shall apply to amendments, waivers, and other modifications made after the date of the enactment of this Act.", "id": "H07DC3FBDA7F447F4B380D0EB2426A05B", "header": "Certain modifications permitted to qualified mortgages held by a REMIC or a grantor trust" } ]

[ { "text": "1. Master Teacher Exclusion \n(a) Master Teacher Exclusion \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139 the following new section: 139A. Certain wages of certified master teachers \n(a) 25 percent exclusion \nGross income does not include 25 percent of wages earned by a certified master teacher in remuneration for employment at a qualified school in need of improvement. (b) Certified master teacher \nFor purposes of this section— (1) In general \nThe term certified master teacher means any eligible teacher who is certified by a State as being eligible for the exclusion from gross income provided under subsection (a) with respect to wages earned during a 4-year certification period. A teacher shall not be treated as a certified master teacher except during the certification period. (2) Recertification prohibited \nA teacher shall not be certified as a certified master teacher for more than one certification period. (3) State limitation on number of certified master teachers \nA State may not certify any teacher if such certification would result (at the time of such certification) in more than 10 percent of the State’s public school teachers being certified master teachers. (c) Qualified school in need of improvement \nFor purposes of this section, the term qualified school in need of improvement means, with respect to any certified master teacher— (1) the school in need of improvement which first employs such teacher during the certification period, (2) any school in need of improvement which subsequently employs such teacher, but only if each school in need of improvement which previously employed such teacher during the certification period has ceased to be a school in need of improvement, and (3) any school described in paragraph (1) or (2) which ceases to be a school in need of improvement, but only if such teacher was employed by such school (during such teacher’s certification period) at the time that such school ceased to be a school in need of improvement. (d) School in need of improvement \nFor purposes of this section, the term school in need of improvement means a public elementary or secondary school that— (1) is identified for school improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ), and (2) is eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ). (e) Eligible teacher \nFor purposes of this section, the term eligible teacher means a teacher who— (1) has had at least 5 years of teaching experience in a public elementary or secondary school, (2) is highly qualified, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), (3) has a master’s degree, and (4) has advanced certification in the teacher’s State licensing system. (f) Certification period \nFor purposes of this section, the term certification period means, with respect to any certified master teacher, the 4-year period described in subsection (b). (g) State identification required on return \nWith respect to any certified master teacher, no exclusion shall be allowed under subsection (a) for any taxable year unless the certified master teacher includes the State in which the teacher has been certified on the certified master teacher’s return of tax for such taxable year. (h) Termination \nThis section shall not apply to any taxable year beginning after December 31, 2013.. (b) Clerical amendment \nThe table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139 the following new item: Sec. 139A. Certain wages of certified master teachers. (c) Report to Congress \nThe Secretary of the Treasury shall transmit to the Congress for each of calendar years 2005 through 2013 an annual report stating, with respect to each State, the number of individuals certified by such State as certified master teachers who were allowed an exclusion from gross income under section 139A of the Internal Revenue Code of 1986 for a taxable year ending in such calendar year. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H578295413D2F496DB25F321369A5BD00", "header": "Master Teacher Exclusion" }, { "text": "139A. Certain wages of certified master teachers \n(a) 25 percent exclusion \nGross income does not include 25 percent of wages earned by a certified master teacher in remuneration for employment at a qualified school in need of improvement. (b) Certified master teacher \nFor purposes of this section— (1) In general \nThe term certified master teacher means any eligible teacher who is certified by a State as being eligible for the exclusion from gross income provided under subsection (a) with respect to wages earned during a 4-year certification period. A teacher shall not be treated as a certified master teacher except during the certification period. (2) Recertification prohibited \nA teacher shall not be certified as a certified master teacher for more than one certification period. (3) State limitation on number of certified master teachers \nA State may not certify any teacher if such certification would result (at the time of such certification) in more than 10 percent of the State’s public school teachers being certified master teachers. (c) Qualified school in need of improvement \nFor purposes of this section, the term qualified school in need of improvement means, with respect to any certified master teacher— (1) the school in need of improvement which first employs such teacher during the certification period, (2) any school in need of improvement which subsequently employs such teacher, but only if each school in need of improvement which previously employed such teacher during the certification period has ceased to be a school in need of improvement, and (3) any school described in paragraph (1) or (2) which ceases to be a school in need of improvement, but only if such teacher was employed by such school (during such teacher’s certification period) at the time that such school ceased to be a school in need of improvement. (d) School in need of improvement \nFor purposes of this section, the term school in need of improvement means a public elementary or secondary school that— (1) is identified for school improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ), and (2) is eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ). (e) Eligible teacher \nFor purposes of this section, the term eligible teacher means a teacher who— (1) has had at least 5 years of teaching experience in a public elementary or secondary school, (2) is highly qualified, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), (3) has a master’s degree, and (4) has advanced certification in the teacher’s State licensing system. (f) Certification period \nFor purposes of this section, the term certification period means, with respect to any certified master teacher, the 4-year period described in subsection (b). (g) State identification required on return \nWith respect to any certified master teacher, no exclusion shall be allowed under subsection (a) for any taxable year unless the certified master teacher includes the State in which the teacher has been certified on the certified master teacher’s return of tax for such taxable year. (h) Termination \nThis section shall not apply to any taxable year beginning after December 31, 2013.", "id": "H33F78D68379B4EF88D02E0E22EFFA989", "header": "Certain wages of certified master teachers" } ]

[ { "text": "1. Conveyance of former Agricultural Research Service laboratory, Fresno, California \n(a) Conveyance required \nThe Administrator of General Services shall convey, without consideration, by quitclaim deed, to the City of Fresno, California, all right, title, and interest of the United States in and to the property described in subsection (b), including improvements thereon. After such conveyance, the property may be used by the City of Fresno only for the purpose of public education. (b) Description of property \nThe property to be conveyed consists of approximately 49.04 acres located at 2021 South Peach Avenue in Fresno, California, Assessor Parcel Numbers 437-030-07T, 481-020-29T, 481-020-30T. (c) Reversionary interest \n(1) In general \nDuring the 30-year period beginning on the date the Administrator makes the conveyance under this section, if the Administrator determines that the conveyed property is not being used in accordance with the purpose of the conveyance under subsection (a), then, at the option of the Administrator, all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry onto the property. (2) Notice \nThe Administrator shall not take action to revert the property under this section unless the Administrator has first given notice of his determination of noncompliance and given the recipient of the property 60 days to cure the deficiency. (d) Additional terms and conditions \nThe Administrator may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interests of the United States. (e) Application of other laws \nSection 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) shall not apply to the property described in subsection (b). (f) Time of conveyance \nThe Administrator shall make the conveyance required under this Act as soon as practicable after the date of the enactment of this Act.", "id": "H1062DDB4475043E0819B104F600437E8", "header": "Conveyance of former Agricultural Research Service laboratory, Fresno, California" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Family Abduction Prevention Act of 2004.", "id": "H91DA0AE3A4984011BB42A3C882C345DE", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) Each year more than 203,000 children in the United States (approximately 78 percent of all abducted children) are abducted by a family member, usually a parent. (2) More than half of the parents who abduct their children have a history of alcohol or substance abuse, a criminal record, or a history of violence. (3) The most common motive for family abduction is revenge against the other parent, not protecting the child’s safety. (4) Children who are abducted by family members suffer emotional, psychological, and often physical abuse at the hands of their abductors. (5) Children who are victims of family abductions are forced to leave behind family, friends, their homes, their neighborhoods, their schools, and all that is familiar to them. (6) Children who are victims of family abductions are often told that the parent who did not abduct the child has died, does not love them, or will harm them. (7) Children who are abducted by their parents or other family members are sometimes forced to live in fear of discovery and may be compelled to conceal their true identity, including their real names, family histories, and even their gender. (8) Children who are victims of family abductions are often denied the opportunity to attend school or to receive health and dental care. (9) Child psychologists and law enforcement authorities now classify family abduction as a form of child abuse. (10) Approximately 70 percent of local law enforcement agencies do not have written guidelines for what to do in the event of a family abduction or how to facilitate the recovery of an abducted child. (11) The first few hours of a family abduction are crucial to recovering an abducted child. Valuable hours are lost when law enforcement is not prepared to employ the most effective techniques to locate and recover abducted children. (12) When parents who may be inclined to abduct their own children receive counseling and education on the harm suffered by children under these circumstances, the incidence of family abductions is greatly reduced. (13) Where practiced, the flagging of school records has proven to be an effective tool in assisting law enforcement authorities find abducted children.", "id": "H3C8A65721E324B519EC1854131A7913B", "header": "Findings" }, { "text": "3. Grants to States \n(a) Matching grants \nThe Attorney General shall make grants to States for projects involving— (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records. (b) Matching requirement \nNot less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources.", "id": "H075076D2E2D8432987D2D8D5BDB9146", "header": "Grants to States" }, { "text": "4. Definitions \nIn this Act: (1) The term family abduction means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) The term flagging means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe.", "id": "H9AB45537670F4221A59B43A9E18FDD83", "header": "Definitions" }, { "text": "5. Authorization of appropriations \nFor the purpose of carrying out this Act, there are authorized to be appropriated to the Attorney General $500,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007.", "id": "HFF32A242C2604B6F8946EC34F1BF2E67", "header": "Authorization of appropriations" } ]

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

[ { "text": "1. Termination of application of title IV of the Trade Act of 1974 to Ukraine \n(a) Presidential determinations and extensions of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "H1B6EDF304A6F443289F15B2758D554A2", "header": "Termination of application of title IV of the Trade Act of 1974 to Ukraine" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare Preventive Services Coverage Act of 2004.", "id": "HB1F68E4F52574FA7A44CCBF01E564690", "header": "Short title" }, { "text": "2. Coverage of additional preventive services determined appropriate by the Secretary \n(a) Coverage \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ), as amended by section 642(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2322), is amended— (1) in subparagraph (Y), by striking and after the semicolon at the end; (2) in subparagraph (Z), by adding and after the semicolon at the end; and (3) by adding at the end the following new subparagraph: (AA) additional preventive services (as defined in subsection (bbb)(1));. (b) Services described \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2339), is amended by adding at the end the following new subsection: (bbb) Additional preventive services \n(1) The term additional preventive services means items and services, including mental health services, not otherwise covered under this title that the Secretary determines to be reasonable and necessary for the prevention or early detection of an illness or disability. (2) In making determinations under paragraph (1), the Secretary shall— (A) take into account evidence-based recommendations by the United States Preventive Services Task Force and other appropriate organizations; and (B) use the process for making national coverage determinations (as defined in section 1869(f)(1)(B)) under this title.. (c) Payment and elimination of cost-sharing \n(1) In general \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ), as amended by section 302(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2229), is amended— (A) by striking and before (V) ; and (B) by inserting before the semicolon at the end the following: , and (W) with respect to additional preventive services (as defined in section 1861(bbb)(1)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph. (2) Elimination of coinsurance in outpatient hospital settings \n(A) Exclusion from OPD fee schedule \nSection 1833(t)(1)(B)(iv) of the Social Security Act ( 42 U.S.C. 1395l(t)(1)(B)(iv) ), as amended by section 614 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2306), is amended by striking and diagnostic mammography and inserting , diagnostic mammography, or additional preventive services (as defined in section 1861(bbb)(1)). (B) Conforming amendments \nSection 1833(a)(2) of the Social Security Act ( 42 U.S.C. 1395l(a)(2) ) is amended— (i) in subparagraph (F), by striking and after the semicolon at the end; (ii) in subparagraph (G)(ii), by striking the comma at the end and inserting ; and ; and (iii) by inserting after subparagraph (G)(ii) the following new subparagraph: (H) with respect to additional preventive services (as defined in section 1861(bbb)(1)) furnished by an outpatient department of a hospital, the amount determined under paragraph (1)(W),. (3) Waiver of application of deductible \nThe first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— (A) by striking and before (6) ; and (B) by inserting before the period the following: , and (7) such deductible shall not apply with respect to additional preventive services (as defined in section 1861(bbb)(1)). (d) Inclusion as part of initial preventive physical examination \nSection 1861(ww)(2) of the Social Security Act ( 42 U.S.C. 1395x(ww)(2) ), as added by section 611(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2303), is amended by adding at the end the following new subparagraph: (L) Additional preventive services (as defined in subsection (bbb)(1)).. (e) Effective date \nThe amendments made by this section shall apply to services furnished on or after the date of enactment of this Act.", "id": "HBFD26415595A4367BF42B69F6E68BF9", "header": "Coverage of additional preventive services determined appropriate by the Secretary" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Connecticut \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in Connecticut \nNo part of the MSA is in Connecticut..", "id": "H35A1F96B2B80487E8ED572820005A75D", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Connecticut" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Volunteer First Responder Fairness Act of 2004.", "id": "H5EF50156E9684FE7A1AAA3D59E8125C", "header": "Short title" }, { "text": "2. Stipend for paid-on-call or volunteer first responders \n(a) In general \nA covered grant may be used to provide a reasonable stipend to paid-on-call or volunteer first responders for travel to or participation in training to prevent, prepare for, respond to, or mitigate threatened or actual terrorist attacks, if such first responders are not otherwise compensated for such travel or participation. (b) Relation to Fair Labor Standards Act of 1938 \nAny stipend received under subsection (a) shall not be considered compensation for purposes of rendering a first responder an employee under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (c) Definitions \nIn this Act: (1) The term covered grant — (A) means a grant that— (i) is provided by the Department to a State, region, or directly eligible tribe for the primary purpose of improving the ability of first responders to prevent, prepare for, respond to, or mitigate threatened or actual terrorist attacks, especially those involving weapons of mass destruction; and (ii) is administered under— (I) the State Homeland Security Grant Program of the Department of Homeland Security, or any successor to such grant program; (II) the Urban Area Security Initiative of the Department, or any successor to such grant program; (III) the Law Enforcement Terrorism Prevention Program of the Department, or any successor to such grant program; or (IV) the Citizen Corps Program of the Department, or any successor to such grant program; and (B) excludes any grant that is administered under— (i) a Federal grant program that is not administered by the Department; (ii) the fire grant programs authorized by sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 , 2229a); or (iii) the Emergency Management Performance Grant program and the Urban Search and Rescue Grants program authorized by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5195 et seq. ); the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ). (2) The term Department means the Department of Homeland Security.", "id": "H575C1752C9D943B4B5A54F159F0019F4", "header": "Stipend for paid-on-call or volunteer first responders" } ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Direct Support Professional Fairness and Security Act of 2004. (b) Findings \nCongress finds the following: (1) Direct support professionals are the primary providers of long term care services for millions of individuals who have physical or mental disabilities. Direct support professionals provide assistance with activities of daily living, instrumental activities of daily living, assistance with rehabilitation, habilitation, training needs and other tasks. All provide essential supports that help keep individuals with disabilities connected to their communities. (2) These workers who provide intimate supports are predominately female and many are the sole breadwinners of their families. Although working and paying taxes, many women in these jobs remain impoverished and are eligible for many of the same Federal and state public assistance programs upon which the very individuals with disabilities to whom they provide supports must depend. (3) Throughout the nation, there is a critical shortage of direct support professionals. Vacancy and turn over rates are high. In many parts of the country, individuals with disabilities are unable to access the services they need, thereby jeopardizing their health and quality of life, placing even greater burdens on their family members and informal caregivers and creating long waiting lists for community placement. (4) The crisis that the nation faces today will only get worse. Over the next 30 years, there will be a rapid rise of the population over 65 years of age. At the same time, advances in medical science and drug therapy are increasing the number of people, of all ages, living with severe disabilities. Thus, while demand for direct support professional services is increasing, the pool of younger, entry level workers is shrinking. By 2010, more than 780,000 additional workers must be found to fill long-term direct support staff positions. (5) To stabilize and increase the number of direct support professionals in the work force, the wages and benefits of direct support professionals must be improved and made equitable among long term support options. (6) Medicaid is the single-largest payor of long-term supports and services for people with disabilities. Enhanced Federal Medicaid matching funds should be available to assist states committed to addressing wage differentials among direct support professionals by increasing the wages of direct support professionals and supporting and improving the stability of the direct support professional workforce.", "id": "H1F3F7E55C5554C31B8FFB03C9F785D90", "header": "Short title; findings" }, { "text": "2. Medicaid amendment \n(a) Authorizing establishment of direct support professional wage enhancement plans \nTitle XIX of the Social Security Act is amended— (1) by redesignating section 1936 as section 1937; and (2) by inserting after section 1935 the following new section: 1936. Direct support professional wage enhancement plan \n(a) State Option \nAs a condition for the receipt of increased funding described in subsection (f), a State is required to provide for the implementation of a direct support professional wage enhancement plan under this section. (b) Direct support professional wage enhancement plan \n(1) In general \nFor purposes of this section, the term direct support professional wage enhancement plan means a plan of a State that the Secretary determines meets the following requirements: (A) Deadline for submission \nThe plan is submitted to the Secretary not later than 120 days after the date the Secretary provides notice to States under paragraph (3). (B) Contents \n(i) Equalization of hourly wage rates \nThe plan must describe how the State intends to use the funds made available under this section to increase the hourly wage rate of targeted direct support professionals so that by the end of the 5-year implementation period (as defined in subsection (g)(4)) such rate is equal to the average hourly wage rate of reference direct support professionals. (ii) Additional provisions \nThe plan must include the additional information described in subsection (c). (C) Implementation \nThe plan must be developed and implemented in accordance with subsection (d). (D) Annual reports \nThe State must provide for annual assessments and reports in accordance with subsection (e). (2) Modification of plan \nNothing in this section shall be construed as preventing a State from time to time and with the approval of the Secretary from modifying a direct support professional wage enhancement plan so long as such plan, as modified, continues to meet the requirements of paragraph (1). (3) Notice \nNot later than 90 days after the date of the enactment of this section, the Secretary shall provide notice to States regarding the provisions of this section, including the availability of enhanced funding to implement direct support professional wage enhancement plans. (c) Contents of plan \nA direct support professional wage enhancement plan shall include, consistent with the other requirements of this section, the following: (1) A description of how the State intends to use funds provided under this section to meet the requirement of subsection (b)(1). (2) A description of the prevailing hourly wage rates for targeted direct support professionals before the implementation of such plan and any hourly wage rate differentials between targeted direct support professionals and reference direct support professionals. (3) The impact of wage differentials and labor market conditions on the recruitment and retention of targeted direct support professionals, including current or projected labor shortages. (4) The identification of a specific, five-year performance goal to increase the hourly wage rate of targeted direct support professionals so as to eliminate any wage rate differential between targeted and reference direct support professionals and the methodology to be used by the State to achieve its goal. (5) The annual performance goals and targets that the State will monitor to track progress toward achieving its five-year performance goal. (6) Current efforts to increase and stabilize the State’s direct support professional labor force and how the plan shall be coordinated with such efforts. (7) Methods for assuring that funds provided under this section shall be spent in accordance with such plan, and shall not be used to supplant existing funds for wages and benefits or to reduce the State’s expenditures below the amount that the State would have paid had the plan not been in effect. (8) A description of the stakeholders and collaborative process used consistent with subsection (d) to develop the plan and the means by which such collaboration shall continue during the implementation of the plan. (9) Assurances satisfactory to the Secretary that upon the expiration of the 5-year implementation period, the State shall provide funding necessary to maintain the wage rates attained under the plan for targeted direct support professionals at the five-year performance goal increased annually thereafter by a percentage that is not less than the annual percent increase in the employment cost index (as published quarterly by the Bureau of Labor Statistics). (d) Development and implementation of plan \nA direct support professional wage enhancement plan shall be developed and implemented in collaboration with— (1) targeted individuals with disabilities and family representatives; (2) targeted direct support professionals; (3) agencies or provider organizations that serve targeted individuals with disabilities and employ targeted direct support professionals; and (4) individuals and organizations representing the interests of those described in paragraphs (1) through (3). (e) Annual assessment and report \n(1) In general \nA State shall— (A) perform an assessment of the operation of the direct care support professional wage enhancement plan in the State in each fiscal year; and (B) report to the Secretary by January 1 following the end of the fiscal year, on the results of such assessment. (2) Contents \nEach such assessment shall include the following: (A) An assessment of the effectiveness of the plan in increasing the wages of targeted direct support professionals and reducing or eliminating the wage gap with reference direct support professionals. (B) An assessment of the State’s progress in meeting its annual performance goals under the plan. (C) An assessment of the effectiveness of the State’s collaboration with stakeholders on plan development and implementation issues. (D) A review and assessment of State activities to coordinate the plan with other activities in the State to improve and stabilize the direct support professional workforce. (E) Recommendations for improving the plan. (F) Such other information as the Secretary may specify. (f) Increase in payment to implement plan \n(1) In general \nSubject to paragraph (2), for each calendar quarter during the 5-year implementation period in which a direct support professional wage enhancement plan is in effect under this section in a State, the amount of payment for medical assistance under section 1903(a)(1) shall be increased by the wage enhancement incentive percentage (as defined in paragraph (3)(G)) multiplied by the portion of total funds expended during the quarter for the provision of direct support services to targeted individuals that are attributable to the wages of targeted direct support professionals. (2) Limitation \n(A) In general \nPayments made under paragraph (1) shall be used only to increase the wages of targeted direct support professionals. (B) Treatment of employee benefits and salary related benefits \nFor purposes of subparagraph (A), payments for costs of employee benefits and other salary related benefits (including mandatory employment taxes and benefits) shall be treated as payments to increase the wages of targeted direct support professionals so long as payments attributable to such non-wage benefits do not exceed 20 percent of the total amounts that increase the wages of targeted direct support professionals. (3) Definitions \nFor purposes of this subsection: (A) Annual rate differential percentage \nThe term annual rate differential percentage means, with respect to a State for a year in which the direct support professional wage enhancement plan is in effect, the percent of the direct support professional wage rate differential (as defined in subparagraph (E)) to be paid under plan for the year. (B) Average reference direct support professional hourly wage rate \nThe term average reference direct support professional hourly wage rate means, for a year under a direct support professional wage enhancement plan, the average direct support professional hourly wage rate (as defined in subparagraph (D)), including any projected increase, paid in the year to reference direct support professionals who are employed by the State or, if there are no such employees, to reference direct support professionals who are employed by local governments in the State, or, when necessary to meet the purpose of the plan, any other reference wage rate defined by the State and as approved by the Secretary. (C) Base-year average targeted direct support professional hourly wage rate \nThe term average targeted direct support professional hourly wage rate means, for a State, the average direct support professional hourly wage rate (as defined in subparagraph (D)) paid to targeted direct support professionals under the State plan in the 12-month-period immediately preceding the 5-year implementation period. (D) Direct support professional hourly wage rate \nThe term direct support professional hourly wage rate means— (i) the rate of hourly wage paid to a direct support professional; plus (ii) mandatory employment taxes and benefits (as defined in subparagraph (F)) paid (as computed and applied on an hourly basis) with respect to such employment. (E) Direct support professional wage rate differential \nThe term direct support professional wage rate differential means, for a State for a year, the amount by which— (i) the average reference direct support professional hourly wage rate (as defined in subparagraph (B)) for the State and year, exceeds (ii) the base-year average targeted direct support professional hourly wage rate (as defined in subparagraph (C)) for the State. (F) Mandatory employment taxes and benefits \nThe term mandatory employment taxes and benefits means taxes under section 3111 of the Internal Revenue Code of 1986 (relating to the employer share of FICA taxes) and the employer’s share of unemployment compensation and worker’s compensation payments. (G) Wage enhancement incentive percentage \nThe term wage enhancement incentive percentage means— (i) the product of (I) the total direct support professional wage rate differential (as defined in subparagraph (E), and (II) annual rate differential percentage (as defined in subparagraph (A)); divided by (ii) the average reference direct support professional hourly wage rate (as defined in subparagraph (B)). (g) Inspector General audit \nThe Secretary, through the Inspector General of the Department of Health and Human Services, shall audit a sample from among the States in order to assess the effectiveness of progress made in reducing or eliminating the wage gap between targeted and reference direct support professionals through funds under this section. (h) GAO study \n(1) Study \nThe Comptroller General of the United States shall conduct a study concerning the wage equalization and recruitment and retention of direct support professionals who are providing services and supports to individuals with disabilities. (2) Reports \nThe Comptroller General shall submit to Congress reports, in the third and fifth years in which this section is being implemented, on progress made by States, and the impact of payments under this section, on providing wage equalization and in improving recruitment and retention of direct support professionals. (i) Definitions \nFor purposes of this section: (1) Direct support professional \nThe term direct support professional means an individual who, whether in a supervisory or non-supervisory capacity, provides services and supports, as needed, to an individual with a disability to assist in acquiring, maintaining or enhancing skills necessary to perform activities of daily living or instrumental activities of daily living and health-related functions through hands-on assistance, supervision, or cueing. Such term includes, among others, individuals who may be classified as nurses aides, home health aides, home care aides, personal care aides and personal assistants, in-home support workers, homemakers, behavioral specialists, habilitation specialist, mental health rehabilitation technicians, independent living skills specialists, crisis program workers, qualified mental health or mental retardation professionals, and educational technicians. (2) Direct support professional wage enhancement plan \nThe term direct support professional wage enhancement plan is defined in subsection (b)(1). (3) Direct support services \nThe term direct support services means a range of services and supports, provided by one or more persons, designed to provide support and health-related services to an individual with a disability to enable them to perform, acquire, maintain or enhance skills necessary to perform activities of daily living, instrumental activities of daily living (IADL) and health-related functions. Such term includes personal care services, consumer-directed personal assistance services, rehabilitation services, habilitation services, and respite care. (4) Individual with a disability \nThe term individual with a disability means an individual who meets (or is regarded as meeting) the criteria for being disabled under the supplemental security income program under title XVI. Such term includes an individual who, regardless of age, is eligible for and receiving medical assistance under this title for any benefits described in paragraph (i)(8). (5) 5 -year implementation period \nThe term 5-year implementation period means, with respect to a State and a direct support professional wage enhancement plan under this section, the period of 20 calendar quarters beginning with the first full calendar quarter in which such plan is implemented in the State under this section. Each of the five 4-calendar-quarter periods within such period shall be treated as a year for purposes of this section. (6) Reference direct support professional \nThe term reference direct support professional means a direct support professional who— (A) is employed by a State or local government entity; and (B) provides direct support services to targeted individuals with disabilities under this title. (7) Targeted direct support professional \nThe term targeted direct support professional means a direct support professional who— (A) is not employed by a State or local government entity; and (B) provides direct support services to targeted individuals with disabilities under this title. (8) Targeted individual with a disability \nThe term targeted individual with a disability means an individual with a disability who is eligible for and is receiving medical assistance under this title for personal care services under section 1905(a)(23), for rehabilitative services under section 1905(a)(13), for home health care services, for home and community-based services under a waiver approved under section 1915(c) or section 1115, or for intermediate care facility services for the mentally retarded.. (b) Conforming amendment \nSection 1903(a)(1) of such Act ( 42 U.S.C. 1396b(a)(1) ) is amended by inserting and section 1936(f) after 1923(f). (c) Authorization of planning grants \nThe Secretary of Health and Human Services is authorized to award State planning grants in an amount not to exceed, in the aggregate, $3,000,000, in order to assist States in establishing direct support professional wage enhancement plans under section 1936 of the Social Security Act, as inserted by subsection (a).", "id": "H4F6ACA7F30084BEBBFF6E100D6E67900", "header": "Medicaid amendment" }, { "text": "1936. Direct support professional wage enhancement plan \n(a) State Option \nAs a condition for the receipt of increased funding described in subsection (f), a State is required to provide for the implementation of a direct support professional wage enhancement plan under this section. (b) Direct support professional wage enhancement plan \n(1) In general \nFor purposes of this section, the term direct support professional wage enhancement plan means a plan of a State that the Secretary determines meets the following requirements: (A) Deadline for submission \nThe plan is submitted to the Secretary not later than 120 days after the date the Secretary provides notice to States under paragraph (3). (B) Contents \n(i) Equalization of hourly wage rates \nThe plan must describe how the State intends to use the funds made available under this section to increase the hourly wage rate of targeted direct support professionals so that by the end of the 5-year implementation period (as defined in subsection (g)(4)) such rate is equal to the average hourly wage rate of reference direct support professionals. (ii) Additional provisions \nThe plan must include the additional information described in subsection (c). (C) Implementation \nThe plan must be developed and implemented in accordance with subsection (d). (D) Annual reports \nThe State must provide for annual assessments and reports in accordance with subsection (e). (2) Modification of plan \nNothing in this section shall be construed as preventing a State from time to time and with the approval of the Secretary from modifying a direct support professional wage enhancement plan so long as such plan, as modified, continues to meet the requirements of paragraph (1). (3) Notice \nNot later than 90 days after the date of the enactment of this section, the Secretary shall provide notice to States regarding the provisions of this section, including the availability of enhanced funding to implement direct support professional wage enhancement plans. (c) Contents of plan \nA direct support professional wage enhancement plan shall include, consistent with the other requirements of this section, the following: (1) A description of how the State intends to use funds provided under this section to meet the requirement of subsection (b)(1). (2) A description of the prevailing hourly wage rates for targeted direct support professionals before the implementation of such plan and any hourly wage rate differentials between targeted direct support professionals and reference direct support professionals. (3) The impact of wage differentials and labor market conditions on the recruitment and retention of targeted direct support professionals, including current or projected labor shortages. (4) The identification of a specific, five-year performance goal to increase the hourly wage rate of targeted direct support professionals so as to eliminate any wage rate differential between targeted and reference direct support professionals and the methodology to be used by the State to achieve its goal. (5) The annual performance goals and targets that the State will monitor to track progress toward achieving its five-year performance goal. (6) Current efforts to increase and stabilize the State’s direct support professional labor force and how the plan shall be coordinated with such efforts. (7) Methods for assuring that funds provided under this section shall be spent in accordance with such plan, and shall not be used to supplant existing funds for wages and benefits or to reduce the State’s expenditures below the amount that the State would have paid had the plan not been in effect. (8) A description of the stakeholders and collaborative process used consistent with subsection (d) to develop the plan and the means by which such collaboration shall continue during the implementation of the plan. (9) Assurances satisfactory to the Secretary that upon the expiration of the 5-year implementation period, the State shall provide funding necessary to maintain the wage rates attained under the plan for targeted direct support professionals at the five-year performance goal increased annually thereafter by a percentage that is not less than the annual percent increase in the employment cost index (as published quarterly by the Bureau of Labor Statistics). (d) Development and implementation of plan \nA direct support professional wage enhancement plan shall be developed and implemented in collaboration with— (1) targeted individuals with disabilities and family representatives; (2) targeted direct support professionals; (3) agencies or provider organizations that serve targeted individuals with disabilities and employ targeted direct support professionals; and (4) individuals and organizations representing the interests of those described in paragraphs (1) through (3). (e) Annual assessment and report \n(1) In general \nA State shall— (A) perform an assessment of the operation of the direct care support professional wage enhancement plan in the State in each fiscal year; and (B) report to the Secretary by January 1 following the end of the fiscal year, on the results of such assessment. (2) Contents \nEach such assessment shall include the following: (A) An assessment of the effectiveness of the plan in increasing the wages of targeted direct support professionals and reducing or eliminating the wage gap with reference direct support professionals. (B) An assessment of the State’s progress in meeting its annual performance goals under the plan. (C) An assessment of the effectiveness of the State’s collaboration with stakeholders on plan development and implementation issues. (D) A review and assessment of State activities to coordinate the plan with other activities in the State to improve and stabilize the direct support professional workforce. (E) Recommendations for improving the plan. (F) Such other information as the Secretary may specify. (f) Increase in payment to implement plan \n(1) In general \nSubject to paragraph (2), for each calendar quarter during the 5-year implementation period in which a direct support professional wage enhancement plan is in effect under this section in a State, the amount of payment for medical assistance under section 1903(a)(1) shall be increased by the wage enhancement incentive percentage (as defined in paragraph (3)(G)) multiplied by the portion of total funds expended during the quarter for the provision of direct support services to targeted individuals that are attributable to the wages of targeted direct support professionals. (2) Limitation \n(A) In general \nPayments made under paragraph (1) shall be used only to increase the wages of targeted direct support professionals. (B) Treatment of employee benefits and salary related benefits \nFor purposes of subparagraph (A), payments for costs of employee benefits and other salary related benefits (including mandatory employment taxes and benefits) shall be treated as payments to increase the wages of targeted direct support professionals so long as payments attributable to such non-wage benefits do not exceed 20 percent of the total amounts that increase the wages of targeted direct support professionals. (3) Definitions \nFor purposes of this subsection: (A) Annual rate differential percentage \nThe term annual rate differential percentage means, with respect to a State for a year in which the direct support professional wage enhancement plan is in effect, the percent of the direct support professional wage rate differential (as defined in subparagraph (E)) to be paid under plan for the year. (B) Average reference direct support professional hourly wage rate \nThe term average reference direct support professional hourly wage rate means, for a year under a direct support professional wage enhancement plan, the average direct support professional hourly wage rate (as defined in subparagraph (D)), including any projected increase, paid in the year to reference direct support professionals who are employed by the State or, if there are no such employees, to reference direct support professionals who are employed by local governments in the State, or, when necessary to meet the purpose of the plan, any other reference wage rate defined by the State and as approved by the Secretary. (C) Base-year average targeted direct support professional hourly wage rate \nThe term average targeted direct support professional hourly wage rate means, for a State, the average direct support professional hourly wage rate (as defined in subparagraph (D)) paid to targeted direct support professionals under the State plan in the 12-month-period immediately preceding the 5-year implementation period. (D) Direct support professional hourly wage rate \nThe term direct support professional hourly wage rate means— (i) the rate of hourly wage paid to a direct support professional; plus (ii) mandatory employment taxes and benefits (as defined in subparagraph (F)) paid (as computed and applied on an hourly basis) with respect to such employment. (E) Direct support professional wage rate differential \nThe term direct support professional wage rate differential means, for a State for a year, the amount by which— (i) the average reference direct support professional hourly wage rate (as defined in subparagraph (B)) for the State and year, exceeds (ii) the base-year average targeted direct support professional hourly wage rate (as defined in subparagraph (C)) for the State. (F) Mandatory employment taxes and benefits \nThe term mandatory employment taxes and benefits means taxes under section 3111 of the Internal Revenue Code of 1986 (relating to the employer share of FICA taxes) and the employer’s share of unemployment compensation and worker’s compensation payments. (G) Wage enhancement incentive percentage \nThe term wage enhancement incentive percentage means— (i) the product of (I) the total direct support professional wage rate differential (as defined in subparagraph (E), and (II) annual rate differential percentage (as defined in subparagraph (A)); divided by (ii) the average reference direct support professional hourly wage rate (as defined in subparagraph (B)). (g) Inspector General audit \nThe Secretary, through the Inspector General of the Department of Health and Human Services, shall audit a sample from among the States in order to assess the effectiveness of progress made in reducing or eliminating the wage gap between targeted and reference direct support professionals through funds under this section. (h) GAO study \n(1) Study \nThe Comptroller General of the United States shall conduct a study concerning the wage equalization and recruitment and retention of direct support professionals who are providing services and supports to individuals with disabilities. (2) Reports \nThe Comptroller General shall submit to Congress reports, in the third and fifth years in which this section is being implemented, on progress made by States, and the impact of payments under this section, on providing wage equalization and in improving recruitment and retention of direct support professionals. (i) Definitions \nFor purposes of this section: (1) Direct support professional \nThe term direct support professional means an individual who, whether in a supervisory or non-supervisory capacity, provides services and supports, as needed, to an individual with a disability to assist in acquiring, maintaining or enhancing skills necessary to perform activities of daily living or instrumental activities of daily living and health-related functions through hands-on assistance, supervision, or cueing. Such term includes, among others, individuals who may be classified as nurses aides, home health aides, home care aides, personal care aides and personal assistants, in-home support workers, homemakers, behavioral specialists, habilitation specialist, mental health rehabilitation technicians, independent living skills specialists, crisis program workers, qualified mental health or mental retardation professionals, and educational technicians. (2) Direct support professional wage enhancement plan \nThe term direct support professional wage enhancement plan is defined in subsection (b)(1). (3) Direct support services \nThe term direct support services means a range of services and supports, provided by one or more persons, designed to provide support and health-related services to an individual with a disability to enable them to perform, acquire, maintain or enhance skills necessary to perform activities of daily living, instrumental activities of daily living (IADL) and health-related functions. Such term includes personal care services, consumer-directed personal assistance services, rehabilitation services, habilitation services, and respite care. (4) Individual with a disability \nThe term individual with a disability means an individual who meets (or is regarded as meeting) the criteria for being disabled under the supplemental security income program under title XVI. Such term includes an individual who, regardless of age, is eligible for and receiving medical assistance under this title for any benefits described in paragraph (i)(8). (5) 5 -year implementation period \nThe term 5-year implementation period means, with respect to a State and a direct support professional wage enhancement plan under this section, the period of 20 calendar quarters beginning with the first full calendar quarter in which such plan is implemented in the State under this section. Each of the five 4-calendar-quarter periods within such period shall be treated as a year for purposes of this section. (6) Reference direct support professional \nThe term reference direct support professional means a direct support professional who— (A) is employed by a State or local government entity; and (B) provides direct support services to targeted individuals with disabilities under this title. (7) Targeted direct support professional \nThe term targeted direct support professional means a direct support professional who— (A) is not employed by a State or local government entity; and (B) provides direct support services to targeted individuals with disabilities under this title. (8) Targeted individual with a disability \nThe term targeted individual with a disability means an individual with a disability who is eligible for and is receiving medical assistance under this title for personal care services under section 1905(a)(23), for rehabilitative services under section 1905(a)(13), for home health care services, for home and community-based services under a waiver approved under section 1915(c) or section 1115, or for intermediate care facility services for the mentally retarded.", "id": "HD3887900ECB34B2690227052AAD42F46", "header": "Direct support professional wage enhancement plan" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Eastern New Mexico Rural Water System Act of 2004.", "id": "HCCA1AAA6F02045CFBB122F3663BFF924", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds that— (1) the Entrada Aquifer and the Southern High Plains (Ogallala) Aquifer— (A) provide 100 percent of the municipal and industrial water supplies for communities in East Central New Mexico; and (B) serve a large majority of the agricultural water users in East Central New Mexico; (2) the Entrada and Southern High Plains Aquifers are declining in quantity and deteriorating in quality; (3) despite voluntary conservation efforts and improvements in agricultural water use efficiencies, current estimates indicate that present levels of groundwater use in some areas of eastern New Mexico are not sustainable beyond 12 to 25 years after the date of enactment of this Act; (4) in 1959, the State of New Mexico began construction of the Ute Dam and Reservoir on the Canadian River to develop a long-term sustainable water supply for eastern New Mexico; (5) section 2 of Public Law 89–561 (80 Stat. 711) authorized the development of a feasibility study for a water supply project in eastern New Mexico; (6) since the feasibility study was authorized, a number of studies have been completed as part of the feasibility study process, including a 1994 study by the New Mexico Interstate Stream Commission estimating the firm annual yield of water from Ute Reservoir at 24,000 acre-feet per year; (7) in March 1997, the New Mexico Interstate Stream Commission and the Ute Water Commission entered into an agreement for the purchase of 24,000 acre-feet of water per year for beneficial consumptive use in eastern New Mexico; (8) the Eastern New Mexico Rural Water Authority was established to plan, finance, develop, and operate the Eastern New Mexico Rural Water System; (9) the conceptual design report for the Eastern New Mexico Rural Water System— (A) was finalized in August 2003; (B) incorporates a Bureau of Reclamation willingness and ability to pay report prepared in August 2002; and (C) was subject to a peer review process that resulted in a supplement to the conceptual design report, the Eastern New Mexico Rural Water System Conceptual Design Peer Review Final Report (December 2003); (10) the State of New Mexico— (A) strongly supports the development of the Eastern New Mexico Rural Water System; and (B) has appropriated amounts to the New Mexico Water Trust Fund to assist communities in eastern New Mexico in securing the financial resources necessary to provide an acceptable cost share for development of the system; and (11) completion of the Eastern New Mexico Rural Water System would provide Quay, Roosevelt, and Curry Counties in the State of New Mexico with a long-term reliable and renewable source of water that would— (A) sustain current economic activity; and (B) support future economic development and growth in the region. (b) Purpose \nThe purpose of this Act is to authorize the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to plan, design, and construct the Eastern New Mexico Rural Water System to provide a long-term reliable and renewable source of water to communities in eastern New Mexico.", "id": "HC17847B2409F444BAC7C3CE71FC4E53B", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act, the following definitions apply: (1) Authority \nThe term Authority means the Eastern New Mexico Rural Water Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System. (2) Conceptual design report \nThe term Conceptual Design Report means the Eastern New Mexico Rural Water System final report dated August, 2003, as supplemented by the Eastern New Mexico Rural Water System Conceptual Design Peer Review Final Report (December 2003). (3) Logan sewer project \nThe term Logan sewer project means the project to improve the water quality in Ute Reservoir, as described in the Village of Logan Wastewater System Preliminary Engineering Report (November 2003). (4) Plan \nThe term plan means the operation, maintenance, and replacement plan required by section 5(b)(1). (5) Portales energy recovery system \nThe term Portales energy recovery system means the infrastructure to reduce pressure in the water system and generate useable power, as described in the Eastern New Mexico Rural Water System Conceptual Design Peer Review Final Report (December 2003). (6) Secretary \nThe term Secretary means the Secretary of the Interior. (7) State \nThe term State means the State of New Mexico. (8) System \n(A) In general \nThe term System means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 24,000 acre-feet of water per year from the Ute Reservoir to communities located in Quay, Roosevelt, and Curry Counties in eastern New Mexico, as described in the Conceptual Design Report. (B) Inclusions \nThe term System includes— (i) the Logan sewer project; (ii) the Tucumcari advanced wastewater treatment facility; and (iii) the Portales energy recovery system. (9) Tucumcari advanced wastewater treatment facility \nThe term Tucumcari advanced wastewater treatment facility means the project to improve the water quality in the Ute Reservoir, as described in the Eastern New Mexico Rural Water System Conceptual Design Peer Review Final Report (December 2003). (10) Ute reservoir \nThe term Ute Reservoir means the impoundment of water created in 1962 by the construction of the Ute Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas.", "id": "H94138E6E32274065B881916628410071", "header": "Definitions" }, { "text": "4. Eastern new mexico rural water system \n(a) Financial Assistance \n(1) In general \nThe Secretary may provide financial assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System. (2) Use \n(A) In general \nAny financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under section 6(a)(2). (B) Limitations \nFinancial assistance provided under paragraph (1) shall not be used— (i) for any activity that is inconsistent with developing the facilities described in the Conceptual Design Report, including development of the Logan sewer project; and (ii) to plan or construct facilities used to supply water to supply irrigation for agricultural purposes. (b) Cost-sharing requirement \n(1) In general \nThe Federal share of the total cost of any activity or construction carried out using amounts made available under this Act shall be 80 percent of the total cost of the System. (2) System development costs \nFor purposes of paragraph (1), the total cost of the System shall include any costs incurred by the Authority on or after October 1, 2003, for the development of the System. (c) Limitation \nNo amounts made available under this Act may be used for the construction of the System until— (1) a plan is developed under section 5(b); and (2) the Secretary and the Authority have complied with any requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) applicable to the System. (d) Title to project works \nTitle to the infrastructure of the System shall be held by the Authority, the Town of Logan, New Mexico, the City of Tucumcari, New Mexico, or as may otherwise be specified under State law.", "id": "H7161B3AE11D54B928E00A7E1364D8E85", "header": "Eastern new mexico rural water system" }, { "text": "5. Operation, maintenance, and replacement costs \n(a) In General \nThe Authority shall be responsible for the annual operation, maintenance, and replacement costs associated with the System. (b) Operation, maintenance, and replacement plan \n(1) In general \nThe Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering the quantities of water described in the Conceptual Design Report. (2) Modifications \nThe allocation of water to the communities specified in the Conceptual Design Report may be modified to adjust the rates and fees in a manner that ensures that the purposes of the plan are addressed.", "id": "HF487DFD53E0D437F95057DDF495E84E5", "header": "Operation, maintenance, and replacement costs" }, { "text": "6. Administrative provisions \n(a) Cooperative agreements \n(1) In general \nThe Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act. (2) Cooperative agreement for provision of financial assistance \n(A) In general \nThe Secretary shall enter into a cooperative agreement with the Authority to provide financial assistance or any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System. (B) Requirements \nThe cooperative agreement entered into under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to— (i) ensuring that the cost-share requirements established by section 4(b) are met; (ii) completing the planning and final design of the System; (iii) any environmental and cultural resource compliance activities required for the System; and (iv) the construction of the System. (b) Technical assistance \nAt the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. (c) Effect \nNothing in this Act— (1) affects or preempts— (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal rights to— (A) the water of a stream; or (B) any groundwater resource.", "id": "HD052B90215A64D0FBE35C4E013E9C6DC", "header": "Administrative provisions" }, { "text": "7. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Secretary to carry out this Act $250,000,000 for the period of fiscal years 2005 through 2016. (b) Adjustments \n(1) In general \nThe amount authorized under subsection (a) shall be adjusted as necessary to account for increases in development costs after the date of enactment of this Act, as determined using appropriate engineering cost indices (as determined by the Secretary). (2) Allocation \nThe Federal share and non-Federal share of the cost increases determined under paragraph (1) shall be allocated in accordance with the cost-sharing requirements established by section 4(b). (c) Nonreimbursable amounts \nAmounts made available to the Authority in accordance with the cost-sharing requirement under section 4(b) shall be nonreimbursable and nonreturnable to the United States. (d) Availability of funds \nAt the end of each fiscal year, any unexpended funds appropriated pursuant to this Act shall be retained for use in future fiscal years consistent with the purposes of this Act.", "id": "H69BF6124B7FD43188B19E8C3AFFA95C8", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Smart from the Start Preschool Education for America Act of 2004.", "id": "H91DEB8BE50374EF4ADD62EB7CCED55B1", "header": "Short title" }, { "text": "2. Formula grants to states for preschool education \n(a) Purpose \nThe purpose of this Act is to help America's families obtain high-quality, voluntary preschool education, thereby providing to each child the best possible start in life and an equal opportunity to succeed. (b) Grants \nFor the activities described in subsection (c), the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall make a grant each fiscal year to each State that submits an application in accordance with subsection (e). (c) Authorized activities \nA funding agreement for a grant under this Act is that the State involved will expend the grant only for providing families in the State with access to high-quality, voluntary preschool education. (d) Program quality standards \n(1) In general \nA funding agreement for a grant under this Act is that the State involved will meet or exceed the requirements of each of the program quality standards described in paragraph (2). (2) Standards \nFor purposes of this Act, the Secretary shall develop program quality standards based on the recommendations of an independent panel of experts convened by the National Academy of Sciences. (e) Application \nA grant application is in accordance with this Act if the application— (1) includes each funding agreement described in this Act; (2) with respect to such agreements, provides assurances of compliance satisfactory to the Secretary; and (3) is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this Act. (f) Determination of amount of grants \n(1) Amounts reserved \n(A) Territories and possessions \nThe Secretary shall reserve not to exceed one half of 1 percent of the amount appropriated to carry out this Act in each fiscal year for payments to the outlying areas to be allotted in accordance with their respective needs. (B) Indian tribes \nThe Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated to carry out this Act in each fiscal year for payments to Indian tribes and tribal organizations with applications approved under this section. (2) State allotment \n(A) In general \nFrom the amounts appropriated to carry out this Act for each fiscal year remaining after reservations under paragraph (1), the Secretary shall allot to each State (except those described in paragraph (1)) an amount equal to the sum of— (i) an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and (ii) an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States. (B) Young child factor \nThe term young child factor means the ratio of the number of children in the State under 5 years of age to the number of such children in all States as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce. (C) School lunch factor \nThe term school lunch factor means the ratio of the number of children in the State who are receiving free or reduced price lunches under the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) to the number of such children in all the States as determined annually by the Department of Agriculture. (D) Allotment percentage \n(i) In general \nThe allotment percentage for a State is determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State. (ii) Limitation \nIf an allotment percentage determined under clause (i)— (I) exceeds 1.2 percent, then the allotment percentage of that State shall be considered to be 1.2 percent; and (II) is less than 0.8 percent, then the allotment percentage of the State shall be considered to be 0.8 percent. (iii) Per capita income \nFor purposes of clause (i), per capita income shall be— (I) determined at 2-year intervals; (II) applied for the 2-year period beginning on October 1 of the first fiscal year beginning on the date such determination is made; and (III) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made. (g) Definitions \nIn this Act: (1) The term Indian tribe has the meaning given to such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (2) The term outlying area includes— (A) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and (B) the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau until an agreement for the extension of United States education assistance under the Compact of Free Association for each of the freely associated states becomes effective after the date of the enactment of this Act. (3) The term Secretary means the Secretary of Education. (4) Subject to subsection (f)(2)(A), the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, each of the outlying areas, and any Indian tribe or tribal organization. (5) The term tribal organization — (A) has the meaning given to such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); and (B) includes a Native Hawaiian Organization, as defined in section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ), and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians. (h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $5,000,000,000 for the period of fiscal years 2005 through 2009.", "id": "H612EBBC711AE4500A6F363933546F462", "header": "Formula grants to states for preschool education" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Clean Trucks Act of 2004.", "id": "H77470F180A6B48048E3BF7D60066E36", "header": "Short title" }, { "text": "2. Vehicle emission performance standards \nSection 13902(a)(1) of title 49, United States Code, is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) the heavy duty vehicle and engine emission performance standards and related regulations established by the Administrator of the Environmental Protection Agency pursuant to section 202(a)(3) of the Clean Air Act ( 42 U.S.C. 7521(a)(3) ) and a demonstration of compliance with such standards and related regulations;.", "id": "HAA4E96AF303A4EC189F76D162593CAA0", "header": "Vehicle emission performance standards" }, { "text": "3. Emissions information collection and reporting \n(a) In general \nThe Administrator of the Federal Motor Carrier Safety Administration, on an annual basis, shall— (1) collect information on the year, make, model, certification level, travel routes, trip duration, fuel quality and consumption, and related activities of long-haul heavy duty trucks operating in the United States; and (2) submit the information collected under paragraph (1) to the Administrator of the Environmental Protection Agency. (b) Publication of emissions estimates \n(1) In general \nThe Administrator of the Environmental Protection Agency shall use the information submitted under subsection (a)(2) to develop and publish estimates of the total national emissions of all criteria pollutants and hazardous air pollutants associated with long-haul heavy duty trucks, including, whenever possible— (A) the location of such emissions; (B) an analysis of their impact on nonattainment of air quality standards; and (C) the public health effects of these emissions. (2) Form and manner \nThe estimates developed under paragraph (1) shall be published in a form and manner that is most useful for State air quality directors and transportation planners to use in— (A) developing state implementation plans; and (B) making attainment demonstrations, maintenance demonstrations, and transportation conformity determinations under section 176 of the Clean Air Act ( 42 U.S.C. 7506 ).", "id": "H91778387557E46EABB70BBBAA8E7EAE", "header": "Emissions information collection and reporting" } ]

[ { "text": "1. Suspension of duty on 1,5-Naphthalenedisulfonic acid, 3,3´-[1,3-propanediylbis[imino(6-fluoro- 1,3,5-triazine-4,2-diyl)imino[2-(acetylamino)-4,1-phenylene]azo]]bis-, sodium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.33.70 1,5-Naphthalenedisulfonic acid, 3,3´-[1,3-propanediylbis[imino(6-fluoro- 1,3,5-triazine-4,2-diyl)imino[2-(acetylamino)-4,1-phenylene]azo]]bis-, sodium salt (CAS No. 149850-32-8) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 1,5-Naphthalenedisulfonic acid, 3,3´-[1,3-propanediylbis[imino(6-fluoro- 1,3,5-triazine-4,2-diyl)imino[2-(acetylamino)-4,1-phenylene]azo]]bis-, sodium salt" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Women's Business Sustainability Extension Act of 2004.", "id": "HBD60D966961244D6AB4CEADC735F07A3", "header": "Short title" }, { "text": "2. Women's business centers \n(a) Funding priority \nSection 29(k) of the Small Business Act ( 15 U.S.C. 656(k) ) is amended— (1) in paragraph (2), by adding at the end the following: (C) Funding priority \nSubject to available funds, and reservation of funds, the Administration shall, for fiscal year 2004, allocate— (i) $150,000 for each eligible women's business center established under subsection (b), except for centers that request a lesser amount; (ii) from the funds reserved under subsection (k)(4)(A), not more than $125,000 to each eligible women's business center established under subsection (l); and (iii) any funds remaining after allocations are made under clauses (i) and (ii) to new eligible women's business centers and eligible women's business centers that did not receive funding in the prior fiscal year under subsection (b). ; and (2) in paragraph (4)(A), by adding at the end the following: (v) For fiscal year 2004, 48 percent.. (b) Fundraising plan \nSection 29(l)(2) of the Small Business Act ( 15 U.S.C. 656(l)(2) ) is amended by adding at the end the following: (F) for grants to be distributed after June 30, 2005, a plan that demonstrates a clear, fixed timeframe for fundraising and self-sufficiency, unless the Administrator grants an exception for an organization that serves low-income or other underserved areas.. (c) Reallocation of unused funds \nSection 29(l) of the Small Business Act ( 15 U.S.C. 656(l) ) is amended by adding at the end the following: (6) Reallocation of unused funds \nIf, at the beginning of the third quarter of a women's business center funding year, the Administrator determines, based on credible evidence, that any portion of the amount made available to carry out this subsection is unlikely to be used by a women's business center, the Administration may use the unused portion to award supplemental grants of not more than $25,000 to any women's business center established under this section to carry out the purposes of this section, subject to the provisions of this section.. (d) Performance evaluations \nSection 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended by adding at the end the following: (m) Internal program performance evaluations \n(1) Access and use of information \nThe Administrator of the Small Business Administration may access and use client contact information from women's business centers established under this section solely to conduct internal program performance evaluations and financial and programmatic audits. (2) Privacy requirement \nThe Administrator of the Small Business Administration— (A) shall only use client information collected under paragraph (1) for internal program performance evaluations and financial and programmatic audits; and (B) shall not disclose or distribute any of the collected information for any other purpose. (3) Notification requirement \nA women's business center shall notify each client— (A) that information about the client will be collected; (B) the purposes for which the client information may be used; and (C) that the client, if contacted, will be contacted solely for program performance evaluation or audit purposes. (4) Report to congress \nThe Administrator of the Small Business Administration shall include findings from any internal program performance evaluations in the Administration's annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives..", "id": "H15E2E8D7BE0C43E7AC7D833814DC8B3E", "header": "Women's business centers" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as Hospital Billing Fairness Act of 2004.", "id": "H220BAD9530B943418DA1F7DE358700CF", "header": "Short title" }, { "text": "2. Requirement for fair hospital billing for the uninsured \n(a) In general \nSection 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended— (1) in subsection (i), by inserting after paragraph (8) the following new paragraph: (9) with respect to any amount expended for care or services furnished under the plan by a hospital unless the hospital has in effect with the Secretary a certification of fair billing practices described in subsection (h)(1); or ; and (2) by inserting after subsection (g) the following new subsection: (h) (1) For purposes of subsection (i)(9), a certification of fair billing practices of a hospital under this paragraph is a certification, in a form and manner specified by the Secretary, that the hospital does not bill or collect from any uninsured individual (as defined in paragraph (3)) for care or services furnished by the hospital an amount that exceeds 125 percent of the full payment amount (including any deductibles, coinsurance, or other cost-sharing) that would be recognized and permitted under title XVIII with respect to such care or services furnished to an individual entitled to benefits under part A of such title and enrolled under part B of such title. The Secretary shall specify the method for computing such full payment amount in the case of care and services for which there is not a full payment amount computed for purposes of such title. (2) (A) In the case of a hospital that has in effect a certification under paragraph (1) and that collects any amount in excess of the amount permitted to be charged or billed under such certification, the hospital shall refund such excess amount on a timely basis (as defined by the Secretary consistent with time period described in section 1848(g)(1)(C)). (B) In the case of a hospital with such a certification that fails to provide a refund required under subparagraph (A), the hospital is subject to imposition of a civil money penalty in an amount equal to three times the amount of such excess. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under this subparagraph in the same manner as they apply to a penalty or proceeding under section 1128A(a). The Secretary shall provide for payment to the uninsured individual involved of the portion of such civil money penalty collected that represents the excess amount collected with respect to that individual. (3) For purposes of this subsection, the term uninsured individual means, with respect to care and services furnished by a hospital to the individual, an individual who does not have insurance or other third-party contractual benefits that provides payment for costs incurred for such care and services. In applying the previous sentence, an individual shall not be treated as having insurance or contractual benefits for care and services if benefits for such care and services are not payable under such insurance or benefits by virtue of application of a deductible or if such contractual benefits consist only of payment from a medical or health savings account or similar mechanism.. (b) Effective date \nThe amendments made by subsection (a) shall first apply to payment amounts for care and services furnished after the end of the 60-day period beginning on the date of the enactment of this Act, but shall not apply to inpatient hospital services that are part of an admission that began before the end of such period.", "id": "H764998E631FB44138DAA2DBB318F9476", "header": "Requirement for fair hospital billing for the uninsured" } ]

[ { "text": "1. Amendment to Libertad Act \nSection 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6066 ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) has proven its respect for the democratic rule of law by ceasing to provide a safe harbor to individuals who have been legally indicted or convicted of serious criminal offenses, including convicted felon William Morales, and all other individuals who have fled from the United States to Cuba for the sole purpose of avoiding prosecution or confinement for serious criminal offenses committed in the United States..", "id": "H9D02D5E803E64FA6AF37F4F9FF954C2E", "header": "Amendment to Libertad Act" } ]

[ { "text": "1. Transfer of jurisdiction over certain public lands to Department of Defense \n(a) Jurisdiction transfer \nThe Secretary of the Interior shall transfer to the Secretary of Defense jurisdiction over all public lands— (1) under the jurisdiction of the Bureau of Land Management; (2) withdrawn from appropriation under the public land laws; and (3) reserved for use by the Armed Forces for military activities. (b) Deadline \nThe transfer shall be accomplished not later than 1 year after the date of the enactment of this section.", "id": "H34DE586392F645F4A9BAE62707EA5CCB", "header": "Transfer of jurisdiction over certain public lands to Department of Defense" } ]

[ { "text": "1. Short title \nThis Act may be cited as the John H. Chafee Blackstone River Valley National Heritage Corridor Sustainability Report Act.", "id": "HB2CA51A91D1A44188E649D7C4F5FAD58", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds that— (1) the Blackstone River Valley National Heritage Corridor (redesignated the John H. Chafee Blackstone River Valley National Heritage Corridor in 1999) was established in 1986 in recognition of the national importance of the region as the birthplace of the American Industrial Revolution; (2) the Corridor has become a national model of how the National Park Service can work cooperatively with local communities and a multi-agency partnership to create a seamless system of parks, preserved historic sites, and open spaces that enhance the protection and understanding of America’s heritage, without Federal ownership and regulations; (3) the Corridor is managed by a bi-State, 19-member Federal commission representing Federal, State and local authorities from the Commonwealth of Massachusetts and the State of Rhode Island whose mandate has been to implement an approved integrated resource management plan; (4) the authorization and funding for the John H. Chafee Blackstone River Valley National Heritage Commission are scheduled to expire in November 2006, while the Federal designation of the area and its boundaries continues in perpetuity; and (5) the National Park System Advisory Board will be reviewing the future of all national heritage areas and making recommendations to the Director of the National Park Service and the Secretary of the Interior. (b) Purposes \nThe purposes of this Act are— (1) to explore the options for preserving, enhancing, and interpreting the resources of the John H. Chafee Blackstone River Corridor and the partnerships that sustain those resources; and (2) to direct the Director of the National Park Service to submit to Congress a report that— (A) analyzes the sustainability of the Corridor; and (B) provides recommendations for the future of the Corridor.", "id": "HD00ED795333A4BF5ABAF6EFC3D9FA026", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act: (1) Corridor \nThe term Corridor means the John H. Chafee Blackstone River Valley National Heritage Corridor. (2) Commission \nThe term Commission means the John H. Chafee Blackstone River Valley National Heritage Commission. (3) Director \nThe term Director means the Director of the National Park Service.", "id": "HD8723907D09E48CEB780DB3933E0C9ED", "header": "Definitions" }, { "text": "4. Report \n(a) In General \nThe Director shall prepare a report on the sustainability of the Corridor. (b) Components \nThe report prepared under subsection (a) shall— (1) document the progress that has been made in accomplishing the purpose of Public Law 99–647 ( 6 U.S.C. 461 note; 100 Stat. 3625) and the strategies and goals set forth in the Cultural Heritage and Land Management Plan for the Corridor, including— (A) historic preservation; (B) interpretation and education; (C) environmental recovery; (D) recreational development; and (E) economic improvement; (2) based on the results documented under paragraph (1), identify further actions and commitments that are needed to protect, enhance, and interpret the Corridor; (3)(A) determine the extent of Federal funding provided to the Corridor; and (B) determine how the Federal funds have leveraged additional Federal, State, local, and private funding for the Corridor since the establishment of the Corridor; and (4)(A) evaluate the Commission form of authority and management structure for the Corridor, as established by Public Law 99–647 ( 6 U.S.C. 461 note; 100 Stat. 3625); and (B) identify and evaluate options for a permanent National Park Service designation or a State park or regional entity as a sustainable framework to achieve the national interest of the Blackstone Valley. (c) Coordination \nTo the maximum extent practicable, the Director shall prepare the report in coordination with the National Park System Advisory Board. (d) Submission to Congress \nNot later than 1 year after the date on which funds are made available to carry out this Act, the Director shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the report prepared under subsection (a). (e) Funding \nFunding to prepare the report under this Act shall be made available from annual appropriations for the Commission.", "id": "HCF9AAC8D92DC4FEC83D712A6BFA0038", "header": "Report" } ]

[ { "text": "1. Permanent Authorization of Tuition Assistance Programs \n(a) Public School Program \nSection 3(i) of the District of Columbia College Access Act of 1999 (sec. 38—2702(i), D.C. Official Code) is amended by striking each of the five succeeding fiscal years and inserting each succeeding fiscal year. (b) Private School Program \nSection 5(f) of such Act (sec. 38—2704(f), D.C. Official Code) is amended by striking each of the five succeeding fiscal years and inserting each succeeding fiscal year.", "id": "H3357ECE04C5C419C843F8413831419DD", "header": "Permanent Authorization of Tuition Assistance Programs" } ]

[ { "text": "1. Short title \nThis Act may be cited as the NASA and JPL 50th Anniversary Commemorative Coin Act.", "id": "H1065283390274CA69C9ED0249ECDD835", "header": "Short title" }, { "text": "2. Coin specifications \n(a) Denominations \nIn commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the “Secretary) shall mint and issue the following coins: (1) $10 gold coins \nNot more than 75,000 $10 gold coins of such specifications as the Secretary determines to be appropriate. (2) $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. (3) $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. (4) Half dollar silver coins \nNot more than 500,000 half dollar coins which shall— (A) have a diameter of 1.205 inches; and (B) contain 90 percent silver and 10 percent copper. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H2F49B80EF6854CB694ACD818669888B6", "header": "Coin specifications" }, { "text": "3. 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 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (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 , and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images \n(A) $10 coins \nThe reverse of the $10 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (B) $5 coins \nThe reverse of the $5 coins issued under this Act shall bear at least 2 different designs— (i) 1 of which shall be emblematic of the Moon missions of the National Aeronautics and Space Administration; and (ii) 1 of which shall be emblematic of the Earth missions of the National Aeronautics and Space Administration. (C) $1 coins \n(i) Obverse \nThe obverse of the $1 coins issued under this Act shall honor the achievements of the Jet Propulsion Laboratory and bear an image emblematic of the missions and achievements of the Laboratory in the exploration of the solar system. (ii) Reverse \nThe reverse of the $1 coins issued under this Act shall bear 8 different designs each of which shall consist of an image of 1 of the 8 planets of the solar system, other than Earth, and be emblematic of the missions of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory to such planet. (D) Half dollar coins \nThe reverse of the half dollar coins shall bear an image of the universe. (4) Realistic and scientifically accurate depictions \nThe images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called Golden Age of Coinage in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee.", "id": "H93281E5ACE394237A7173D010053EB56", "header": "Design of coins" }, { "text": "4. Symbolic Inclusion of Precious Metals That Have Flown in Space \n(a) Collection \nEach Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall— (1) retrieve any gold, silver, copper, and other precious metal that the Director of the United States Mint determines may be used in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such precious metals so retrieved with the Director of the United States Mint. (b) Segregation and Recordkeeping \nEach Federal agency and instrumentality of the United States which retrieves any precious metals in accordance with subsection (a), and the Director of the United States Mint with respect to precious metals deposited with the Mint in accordance with such subsection, shall maintain such precious metals separately from other metals not so retrieved or obtained and shall maintain accurate and complete records of the retrieval and deposit of any such precious metals. (c) Use of Precious Metals in Production of Coins \nAny precious metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such precious metals with other bullion necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of precious metals so deposited.", "id": "H72FF6F43B82C4913BADAE015E901B1F6", "header": "Symbolic Inclusion of Precious Metals That Have Flown in Space" }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Sets \nIn issuing coins minted under this Act, the Secretary shall make not less than 25,000 sets of coins available for issuance each of which shall contain the coins of each denomination of the coins minted under this Act, including a coin bearing each design required for the reverse of any such denomination of coin. (c) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (d) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1, 2008. (e) Termination of minting authority \nNo coins may be minted under this Act after December 31, 2008.", "id": "HAB34D7ABDBD74EDA9621B7D90500ECD7", "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 6(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) 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": "H2BBFBBB460974C8EBA2184002977C69E", "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 $75 per coin for the $10 coin. (2) A surcharge of $35 per coin for the $5 coin. (3) A surcharge of $10 per coin for the $1 coin. (4) 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 NASA Family Assistance Fund for the purposes of providing need-based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties. (c) Audits \nThe NASA Family Assistance 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 under subsection (b).", "id": "HA8FCCEF71E9741FFBB3B10D400444CDD", "header": "Surcharges" } ]

[ { "text": "1. Farmable wetlands pilot program \n(a) Expansion of program to include playas \nParagraph (2)(A) of subsection (h) of section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) is amended— (1) by striking and at the end of clause (i); (2) by redesignating clause (ii) as clause (iii); (3) by inserting after clause (i) the following new clause: (ii) a playa (regardless of whether the playa is listed on a map described in subparagraph (B)) that was cropped during at least 3 of the immediately preceding 10 crop years; and ; and (4) in clause (iii), as so redesignated— (A) in subclause (I), by inserting or playa described in clause (ii) before the semicolon at the end; and (B) in subclauses (II) and (III), by inserting or playa after wetland each place it appears. (b) Maximum size \nParagraph (2)(D)(i)(I) of such subsection is amended— (1) by striking described in subparagraph (A)(i) and inserting or playa described in clause (i) or (ii) of subparagraph (A) ; (2) by striking 10 contiguous acres and inserting 40 contiguous acres ; and (3) by striking 5 acres and inserting 20 acres. (c) Conforming amendments \nSuch subsection is further amended— (1) in the subsection heading, by inserting , playa, and after wetland ; (2) in paragraph (2)— (A) in the heading of subparagraph (D)(i), by inserting or playa after Wetland ; and (B) in subparagraph (D)(ii)— (i) in subclause (I), by striking described in subparagraph (A)(i) and inserting or playa described in clause (i) or (ii) of subparagraph (A) ; and (ii) in subclause (II), by inserting or playa after wetland ; and (3) in paragraph (3)(A), by inserting or playa after wetland.", "id": "H4303A737F58E43D09CAFF57FC376F85D", "header": "Farmable wetlands pilot program" } ]