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[ { "text": "1. Exclusion of Preble's Meadow Jumping Mouse from endangered species list and threatened species list \nSection 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ) is amended by adding at the end the following: (3) Notwithstanding any other provision of law, the Secretary shall not include the Preble's Meadow Jumping Mouse in any list of endangered species or threatened species published under this subsection..", "id": "HA8D01E91118847B8B588BA6701BF3D62", "header": "Exclusion of Preble's Meadow Jumping Mouse from endangered species list and threatened species list" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Combat Meth Act.", "id": "HC703C16419494930B8B3664546B98CB0", "header": "Short title" }, { "text": "101. Grant program for combating methamphetamine repeat offender \n(a) Grant program \nThe Attorney General shall carry out a program to provide grants to qualified States for combating the problem of methamphetamine abuse with a specific focus on the prosecution of repeat offenders. (b) Qualified state \nFor purposes of this section, the term qualified State means a State that— (1) as reported by the National Clandestine Laboratory Database, had more than 200 methamphetamine lab seizures in 2003; and (2) has a law that provides that possession and/or distribution of 5 grams or more of methamphetamine, its salts, isomers, or salts of its isomers, or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, qualifies for a mandatory minimum sentence without the possibility of probation or parole of 5 to 40 years for a first offense, 10 years to life for a second offense, and life for a third offense. (c) Distribution of grant amounts \nThe Attorney General shall distribute grants authorized under subsection (a) to 2 States. (d) Administration \nThe Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (e) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $10,000,000 for fiscal years 2005 and 2006 to carry out this section. (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.", "id": "HB9AF7F97CADF4A76B02D5BC706DC90EF", "header": "Grant program for combating methamphetamine repeat offender" }, { "text": "201. Authorization of appropriations relating to COPS grants \n(a) In general \nIn addition to any other funds authorized to be appropriated for fiscal year 2005 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ), known as the COPS program, there is authorized to be appropriated $20,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses. (b) Rural Set-Aside \nOf amounts made available pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities. (c) DEA reimbursement \nOf amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses and shall remain available until expended.", "id": "H9CD636E81C354B98A7265C773FE244EB", "header": "Authorization of appropriations relating to COPS grants" }, { "text": "202. Authorization of appropriations relating to the clandestine laboratory training \nIn addition to any other funds authorized to be appropriated for fiscal year 2005 for the facilities and personnel used to operate the Clandestine Laboratory Training Facility of the Drug Enforcement Administration, located in Quantico, Virginia, there is authorized to be appropriated $10,000,000 for such purpose (but to include not more than 20 additional full-time positions) to provide training to law enforcement personnel of all the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.", "id": "H785E523557E24FCFB224270045A07CBA", "header": "Authorization of appropriations relating to the clandestine laboratory training" }, { "text": "203. Expansion of methamphetamine hot spots program to include personnel and equipment for enforcement, prosecution, and cleanup \nSection 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(d) ) is amended— (1) in paragraph (11) by striking and at the end; (2) in paragraph (12) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (13) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the cleanup of methamphetamine-affected areas..", "id": "HF09C93791DBF4249994CAECC5E00785D", "header": "Expansion of methamphetamine hot spots program to include personnel and equipment for enforcement, prosecution, and cleanup" }, { "text": "204. Special United States attorney’s program \n(a) In general \nThe Attorney General shall allocate any amounts appropriated pursuant to the authorization under subsection (a) for the hiring and training of special assistant United States attorneys. (b) Use of funds \nThe funds allocated under subsection (a) shall be used to— (1) train local prosecutors in techniques used to prosecute methamphetamine cases, including the presentation of evidence related to the manufacture of methamphetamine; (2) train local prosecutors in Federal and State laws involving methamphetamine manufacture or distribution; (3) cross-designate local prosecutors as special assistant United States attorneys; and (4) hire additional local prosecutors who— (A) with the approval of the United States attorney, shall be cross-designated to prosecute both Federal and State methamphetamine cases; (B) shall be assigned a caseload that whether in State court or Federal court gives the highest priority to cases in which— (i) charges related to methamphetamine manufacture or distribution are submitted by law enforcement for consideration; and (ii) the defendant has been previously convicted for a crime related to methamphetamine manufacture or distribution. (c) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 for fiscal years 2005 and 2006 to carry out the provisions of this section.", "id": "H710A30C0DB5249C68CD0EB2033E24DA", "header": "Special United States attorney’s program" }, { "text": "301. Grants for services for children of substance abusers \n(a) In General \nSection 519 of the Public Health Service Act ( 42 U.S.C. 290bb–25 ), as transferred and inserted pursuant to subsection (b), is amended— (1) in subsection (b), by inserting after paragraph (8) the following: (9) Development of drug endangered children rapid response teams that will intervene on behalf of children exposed to methamphetamine as a result of residing or being present in a home-based clandestine drug laboratory. ; and (2) in subsection (o)— (A) by striking For the purpose and inserting the following: (1) In general \nFor the purpose ; and (B) by adding at the end the following: (2) Drug endangered children rapid response teams \nThere are authorized to be appropriated $1,000,000 for fiscal years 2005 and 2006 to carry out the provisions of subsection (b)(9).. (b) Technical amendments \n(1) In general \nSection 3106 of Public Law 106–310 (114 Stat. 1175) is amended— (A) by striking 399D each place such terms appears and inserting 399A ; and (B) in subsection (m)(3), by striking after section 518 and inserting after section 517. (2) Rule of construction \nIn section 3106 of Public Law 106–310 as amended by paragraph (1), each reference to section 399A of the Public Health Service shall be considered to be a reference to such section 399A as redesignated by section 502(1) of such Public Law (114 Stat. 1115).", "id": "HEBE5D81AFBC54526ADBFFBCE4BA98E91", "header": "Grants for services for children of substance abusers" }, { "text": "302. Local grants for treatment of methamphetamine abuse and related conditions \nSubpart 1 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended— (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B; and (2) by inserting after section 514B (as so redesignated) the following section: 514C. Local grants for treatment of methamphetamine abuse and related conditions \nThe Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse..", "id": "H7D737B09A3C541DFA0C3094CC18F93EC", "header": "Local grants for treatment of methamphetamine abuse and related conditions" }, { "text": "514C. Local grants for treatment of methamphetamine abuse and related conditions \nThe Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse.", "id": "H3070E99C898442649BB900E5E4A37DA8", "header": "Local grants for treatment of methamphetamine abuse and related conditions" }, { "text": "303. Methamphetamine precursor monitoring grants \n(a) Grants authorized \nThe Attorney General, acting through the Bureau of Justice Assistance, may award grants to States to establish methamphetamine precursor monitoring programs. (b) Purpose \nThe purpose of the grant program established under this section is to— (1) prevent the sale of methamphetamine precursors, such as pseudoephedrine, to individuals in quantities so large that the only reasonable purpose of the purchase would be to manufacture methamphetamine; (2) educate businesses that legally sell methamphetamine precursors of the need to balance the legitimate need for lawful access to medication with the risk that those substances may be used to manufacture methamphetamine; and (3) recalibrate existing prescription drug monitoring programs designed to track the sale of controlled substances to also track the sale of pseudoephedrine in any amount greater than 6 grams. (c) Use of grant funds \nGrant funds awarded to States under this section may be used to— (1) implement a methamphetamine precursor or prescription drug monitoring program, including hiring personnel and purchasing computer hardware and software designed to monitor methamphetamine precursor purchases; (2) expand existing methamphetamine precursor or prescription drug monitoring programs to accomplish the purposes described in subsection (b); (3) pay for training and technical assistance for law enforcement personnel and employees of businesses that lawfully sell substances, which may be used as methamphetamine precursors; (4) improve information sharing between adjacent States through enhanced connectivity; or (5) make grants to subdivisions of the State to implement methamphetamine precursor monitoring programs. (d) Application \nAny State desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Director may require. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Attorney General $1,000,000 for the fiscal years 2005 and 2006, to be used to carry out the provisions of this section.", "id": "HE000FE387F084AC0936C44005092168E", "header": "Methamphetamine precursor monitoring grants" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair Access to Clinical Trials Act.", "id": "HF30BF899927E4774A75993B33EF2E08B", "header": "Short title" }, { "text": "2. Registration of clinical trials under Public Health Service Act \n(a) In general \nTitle IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended— (1) in section 402, by striking subsection (j); and (2) by inserting after section 491 the following section: 491A. Registration of clinical trials; data bank \n(a) In general \n(1) Conditions for financial awards \nExcept as provided in paragraph (2), an entity may not receive an award of a grant, contract, or cooperative agreement under this Act for the conduct of a clinical trial to determine the safety or effectiveness of a use of a drug or device (referred to in this section as a product ) unless the responsible person for the trial— (A) agrees to register the trial with the Secretary in accordance with subsection (d)(1); (B) agrees to provide to the Secretary information on the results of the trial in accordance with subsection (d)(2); (C) agrees to the disclosure to the public of information regarding the trial in accordance with subsection (e); and (D) agrees to be subject to audits under subsection (f)(1), and as applicable, to liquidated penalties and the requirement to submit reports under subsection (g)(1). (2) Exception \nParagraph (1) does not apply to a clinical trial to determine the safety of a use of a drug if the trial is designed solely to detect major toxicities in the drug or to investigate pharmacokinetics, except that such paragraph does apply if the trial is designed solely to investigate pharmacokinetics in a special population or populations. (b) Data bank \n(1) In general \nThe Secretary, acting through the Director of NIH, shall establish, maintain, and operate a data bank of information provided to the Secretary pursuant to subsection (a), including collecting, cataloging, and storing the information, and disseminating the information in accordance with subsection (e). The activities of the data bank shall be integrated and coordinated with related activities of other agencies of the Department of Health and Human Services, and to the extent practicable, coordinated with other data banks containing similar information. (2) Information from elective submissions \n(A) Clinical trials regarding drugs or devices \nThe Secretary may accept for inclusion in the data bank information on clinical trials that are trials to determine the safety or effectiveness of a use of a product but are not subject to requirements under subsection (a). The inclusion of information in the data bank under the preceding sentence is subject to the condition that the responsible person for the clinical trial involved make each of the agreements described in subsection (a)(1). (B) Other clinical trials \nThe Secretary may accept for inclusion in the data bank information on clinical trials that do not involve drugs or devices if the responsible person for the trial involved agrees to such conditions regarding the submission and disclosure of the information as the Secretary determines to be appropriate, taking into account the requirements of this section for clinical trials that do involve drugs or devices. (3) Consultation \nThe Secretary shall operate the data bank in consultation with the Commissioner of Food and Drugs, the directors of the appropriate agencies of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention. (4) National Library of Medicine \nThe Director of NIH shall assign to the National Library of Medicine the primary responsibility for carrying out paragraph (1). (5) Entry of information \nInformation provided to the Secretary under this section by responsible persons for clinical trials shall be entered in the data bank promptly after the Secretary receives the information, except to the extent that the Secretary determines that the information has not been submitted to the Secretary in accordance with this section, in which case the Secretary shall promptly inform the responsible person involved that corrective actions by the person are necessary to maintain compliance with this section. (6) Authority of secretary \n(A) Inclusion of statements to avoid misinterpretations \nThe Secretary may include in the data bank such statements as the Secretary determines to be appropriate to assist the public in avoiding misinterpretations of information in the data bank. Statements under the preceding sentence may include statements regarding the data bank in general and statements regarding particular items of information submitted to the data bank. The Secretary may not under the preceding sentence alter any information as submitted. (B) False or misleading information \n(i) In general \nIf under subsection (f) the Secretary determines that information presented or cited in the data bank is false or misleading, the Secretary shall, promptly after making such determination, identify in the data bank the information as false or misleading (as applicable), and shall, to the extent practicable, include in the data bank an accurate version of the information. The Secretary shall in addition make appropriate public notification. (ii) Limitation \nClause (i) does not authorize the disclosure of information if— (I) the disclosure would constitute a clearly unwarranted invasion of personal privacy; or (II) the information concerns a method or process that is a trade secret entitled to protection within the meaning of section 301(j) of the Federal Food, Drug, and Cosmetic Act. (c) Institutional review boards \nFor purposes of subsection (a), the Secretary shall amend part 46 of title 45, Code of Federal Regulations, to provide that— (1) the functions of institutional review boards under such part include— (A) determining whether clinical trials to determine the safety or effectiveness of products are registered under subsection (a)(1)(A); and (B) denying the approval of the boards for such trials that are not registered under such subsection; (2) any approval of an institutional review board regarding such a trial is not effective under such part if the trial is not registered under such subsection; and (3) upon request of an institutional review board for such a trial, the Secretary will provide to the board a copy of the registration for the trial under such subsection (which copy will be the registration as submitted to the Secretary, together with all updates to the registration). (d) Submission of required information \n(1) Submission of registration information \n(A) In general \nA registration of a clinical trial under subsection (a)(1)(A) is in accordance with this paragraph if, subject to subparagraph (B), the registration is in such form and is submitted in such manner as the Secretary requires, and the registration contains such information on the design and goals of the trial as the Secretary determines to be important to clinicians or researchers. Such information shall include the following: (i) A brief title for the trial, provided in lay language. (ii) The disease or condition with which the trial is concerned. (iii) The medical intervention or interventions being investigated in the trial. (iv) A statement that— (I) identifies the product as an unapproved product or as an approved product, as applicable; and (II) in addition, in the case of an approved product, identifies the trial as investigating the approved use of the product or an unapproved use of the product, as applicable. (v) The purpose of the trial, including a statement of the interventions and comparisons involved. (vi) A statement of the hypothesis being tested in the trial. (vii) Information on— (I) study design; (II) methods; (III) study phase; and (IV) study type. (viii) The definition of the primary and secondary outcomes for the trial. (ix) The length of time for which data on the primary and secondary outcomes will be collected on each patient. (x) Eligibility criteria for participation in the trial. (xi) The total number of subjects anticipated to participate in the trial. (xii) The anticipated or actual date on which the trial will begin. (xiii) The anticipated or actual date of final data collection from subjects in the trial on the primary outcome. (xiv) The identity of each responsible person for the trial. (xv) Sources of funding for the trial in addition to the award under this Act. (xvi) The identity of the principal investigator in the trial. (xvii) Contact information for the principal investigator. (xviii) A unique protocol number identification number for the trial, which number shall be assigned by the Secretary. (xix) After the initial submission of the registration, periodic updates to reflect changes to information provided under this subparagraph and subparagraph (B), which updates— (I) are provided not less frequently than once every six months until the results of the trial are submitted under paragraph (2)(A)(i) or a waiver is provided under paragraph (2)(C); and (II) identify the dates on which the changes were made. (B) Serious or life-threatening diseases; test of effectiveness \nIn the case of a registration under subsection (a)(1)(A) of a clinical trial to test the effectiveness of the use of a product with respect to a serious or life-threatening disease or condition, the registration is in accordance with this paragraph if, in addition to the information described in subparagraph (A), the registration provides the following information: (i) A brief summary of the trial, provided in lay language. (ii) A description of the location of trial sites. (iii) A point of contact for individuals desiring to enroll as subjects in the trial, including a single point of contact for all trial sites. (iv) The status of the trial with respect to the enrollment of subjects, stated for the trial in general and for individual trial sites. (v) Information that may be available— (I) under a treatment investigational new drug application, or a treatment investigational device exemption, that has been submitted to the Secretary under section 561(c) of the Federal Food, Drug, and Cosmetic Act (relating to expanded access protocols); or (II) as a Group C cancer drug (as defined by the National Cancer Institute). (2) Submission of results of trial \n(A) In general \nFor purposes of subsection (a)(1)(B), information on the results of a clinical trial is provided in accordance with this paragraph if, subject to subparagraphs (B) and (C), the following conditions are met: (i) The results are submitted— (I) not later than 12 months after the earlier of the anticipated date that applies under paragraph (1)(A)(xiii) or the actual date that applies under such paragraph; or (II) such later date as may apply under an extension under subparagraph (B). (ii) The results are provided in the form of a structured abstract and in such manner as the Secretary may require. (iii) The results consist of information determined by the Secretary to be important to clinicians or researchers, in a form that ensures that the information is accurate and not likely to mislead or distort the results of the trial. Such information shall include the following: (I) The date on which the trial commenced. (II) The actual date for the final collection of data from subjects in the trial. (III) Primary and secondary outcomes, presented succinctly as quantitative data and as tests of hypotheses. (IV) Basic demographic information on subjects. (V) In the group of subjects receiving the product, and in each comparison group of subjects, the percentage of individuals who decided to cease participation as subjects and the reasons for ceasing participation. (VI) Information on significant adverse events in subjects that may be associated with the product involved, including such events for which a causal relationship has not been established. (iv) If the trial is investigating an unapproved use of an approved product, a statement is submitted to the data bank that the Food and Drug Administration, as applicable— (I) is currently reviewing an application for approval of the unapproved use; (II) has disapproved such an application; (III) has reviewed such an application, but the application was withdrawn prior to approval or disapproval; or (IV) has not reviewed or approved such an application. (v) After the initial submission of the results, periodic updates are submitted to the data bank to reflect changes in the information submitted under this subparagraph, which updates— (I) are provided not less frequently than once every six months during the 10-year period beginning on the date on which the results are due under clause (i); and (II) identify the dates on which the changes were made. (vi) For each covered article published in a peer-reviewed scientific or academic journal, the responsible person for the trial submits to the data bank a statement that provides a citation to the article. An article published in such a journal is a covered article for purposes of this clause if— (I) the article discusses the results of the trial; (II) the responsible person or the principal investigator for the clinical trial contributed to the article; and (III) MEDLINE includes a citation to the article. (vii) If the due date under clause (i) for the trial is a date that is more than three years after the date on which the trial was registered under subsection (a)(1)(A): (I) Upon the expiration of such three-year period, the responsible person for the trial submits to the data bank a report that describes the progress being made toward submission of the results. (II) For each two-year period that lapses after the submission of the report under subclause (I), the responsible person submits to the data bank an additional report that describes such progress, except that no report is required under this subclause after such due date. (B) Extensions \n(i) In general \nThe Secretary may provide an extension of the due date under subparagraph (A)(i) for the results of a clinical trial if the responsible person for the trial submits to the Secretary a written request that demonstrates good cause for the extension and provides an estimate of the date on which the results will be submitted. More than one such extension may be provided by the Secretary for the clinical trial involved. (ii) Extensions regarding journal publication \n(I) Article under consideration for publication \nThe Secretary shall under clause (i) provide an extension of 18 months regarding the submission of the results of a clinical trial if— (aa) the request under such clause demonstrates that an article providing the information described in subparagraph (A)(iii) has been submitted to a peer-reviewed scientific or academic journal for which references are included in MEDLINE, and the request demonstrates that the article is being considered by the journal for publication; and (bb) such request is made before the expiration of the 12-month period described in subparagraph (A)(i). (II) Article accepted for publication \nIf the responsible person for a clinical trial has received an extension under subclause (I) for the trial, the Secretary shall provide an additional extension of six months, beginning upon the expiration of such first extension, if the person demonstrates to the Secretary, before the expiration of the first extension, that the article involved has been accepted for publication by a journal referred to in such subclause. (C) Waivers regarding results of trial \nWith respect to the requirement under subsection (a)(1)(B) to submit to the Secretary the results of a clinical trial, the Secretary may waive the requirement upon a written request to the Secretary by the responsible person for the trial if the Secretary determines that extraordinary circumstances justify the waiver and that providing the waiver is in the public interest or consistent with the protection of the public health. The Secretary shall ensure that information on each such waiver is included in the data bank. (3) Tracking of changes in information submitted to data bank \nThe Secretary shall ensure that updates to the data bank submitted under paragraphs (1)(A)(xviii) and (2)(A)(v) do not result in the removal from the data bank of the original submissions or of any preceding updates, and that information in the data bank is presented in a manner that enables users to readily access each original submission and to track the changes made by the updates. (e) Public disclosure of information \n(1) In general \nThe Secretary shall disseminate information in the data bank through information systems in accordance with this subsection. Information required in this section to be submitted to the data bank shall not be considered confidential commercial information or trade secrets, notwithstanding any other provision of law. (2) Prohibition against fees \nThe Secretary may not impose a fee for providing access to information in the data bank. (3) Internet sites \n(A) In general \nThe Secretary shall operate one or more searchable Internet sites for purposes of presenting to clinicians and researchers, and to patients seeking to enroll as subjects in clinical trials, information in the data bank that is required in paragraph (5) to be disclosed. The Secretary shall ensure that— (i) such a site, or a portion of a site, is designed specifically for use by clinicians and researchers; and (ii) such a site, or a portion of a site, is designed specifically for use by patients seeking to enroll as subjects in clinical trials. (B) Relation to certain internet site \nThe Secretary shall ensure that the Internet site or portion thereof operated under subparagraph (A)(ii) includes information of the type that was available on ClinicalTrials.gov as of the day before the date of the enactment of the Fair Access to Clinical Trials Act (relating to serious or life-threatening diseases). This section may not be construed as requiring the Secretary to terminate or alter ClinicalTrials.gov, or as prohibiting the Secretary from terminating or altering such site. (4) Specific means of disclosure \nWith respect to information in the data bank that is required in paragraph (5) to be disclosed, all disclosures shall be made through an Internet site or sites under paragraph (3) and any other means determined appropriate by the Secretary, except that in the case of information of the type referred to in paragraph (3)(B) and intended for patients seeking to enroll as subjects in clinical trials, the means of disclosure shall include toll-free telephone communications. (5) Required disclosures; authority of secretary for exclusions \n(A) Clinicians and researchers \nWith respect to means of disclosure under this subsection that are intended for clinicians and researchers, the Secretary shall through such means disclose all information in the data bank, except that the Secretary may exclude information contained in the data bank pursuant to subsection (d)(1)(B) if the Secretary determines that such information is not useful to clinicians and researchers. (B) Patients seeking enrollment as subjects in clinical trials \nWith respect to means of disclosure under this subsection that are intended for patients seeking to enroll as subjects in clinical trials, the Secretary shall through such means disclose all information in the data bank, except that the Secretary may exclude any information that the Secretary determines is not useful to such patients. The Secretary may not under the preceding sentence exclude information of the type referred to in paragraph (3)(B). (6) Registration information; date of disclosure \nIn the case of information regarding a clinical trial that is contained in the data bank pursuant to subparagraph (A) or (B) of subsection (d)(1), disclosures required in paragraph (5) shall begin in accordance with the following: (A) All such disclosures shall begin promptly after the registration involved is submitted to the Secretary, other than disclosure of the definitions of the primary and secondary outcomes. (B) Disclosure of the definition of the primary and secondary outcomes shall begin at the same time as disclosure of the results of the trial begin under paragraph (7)(A). (7) Results of trial; date of disclosure \n(A) In general \nIn the case of information regarding a clinical trial that is contained in the data bank pursuant to subsection (d)(2), disclosures required in paragraph (5) shall begin promptly after the information is submitted to the Secretary, subject to subparagraph (B). (B) Waiver regarding results of trial \nIn the case of information contained in the data bank on waivers under subsection (d)(2)(C), disclosures required in paragraph (5) shall begin promptly after the waiver is provided. (f) Determination of violations \n(1) Compliance audits \n(A) In general \nThe Secretary shall conduct periodic audits of responsible persons for clinical trials receiving awards described in subsection (a)(1) in order to determine whether the persons have submitted information as required under agreements under subparagraphs (A) and (B) of such subsection, including determining whether any of the information is false or misleading. (B) Priority \nIn conducting audits under subparagraph (A), the Secretary shall give priority to responsible persons for clinical trials who have at any time been included on the list under subsection (g)(1)(A)(i), taking into account the number and severity of the violations involved. (2) Notice to responsible persons \nPromptly after determining that a responsible person for a clinical trial is in violation of a requirement under subparagraph (A) or (B) of subsection (a)(1), the Secretary shall notify the person in writing of the violation. (g) Actions of Secretary regarding violations \n(1) In general \nIf a responsible person for a clinical trial is in violation of an agreement under subparagraph (A) or (B) of subsection (a)(1) (including submitting information under such a subparagraph that is false or misleading), the following applies, subject to paragraph (4) of this subsection: (A) In any case in which the violation is not corrected within 30 days after the Secretary provides to the responsible person a notice under subsection (f)(2) regarding the violation: (i) Through Internet sites under subsection (e)(3) and such other means as the Secretary determines to be appropriate, the Secretary shall announce to the public that the responsible person is in violation of this section. For purposes of the preceding sentence, the Secretary shall maintain a list of responsible persons in violation that is available to the public. (ii) The responsible person is, pursuant to subsection (a)(1)(D), subject to a liquidated penalty of not more than a total of $15,000 for all violations adjudicated in a single proceeding in the case of an individual, and $10,000 per day until the violation is corrected in the case of any other person, except that if the person is a nonprofit entity the penalty may not exceed a total of $15,000 for all violations adjudicated in a single proceeding. Paragraphs (3) through (5) of section 303(f) of the Federal Food, Drug, and Cosmetic Act apply to the imposition of such a penalty to the same extent and in the same manner as such paragraphs apply to a penalty imposed under paragraph (1) or (2) of such section. (B) In any case in which the violation is a significant violation and is not corrected within 60 days after the Secretary provides to the responsible person a notice under subsection (f)(2) regarding the violation, the Secretary shall, after notice and an opportunity for a hearing, consider the person to be ineligible for any future awards described in subsection (a)(1) until the violation is corrected, except that notice and an opportunity for a hearing are not required if a hearing regarding such violation was held pursuant to subparagraph (A)(ii). (C) In any case in which the violation is a failure to submit to the data bank the results of the trial by the due date under subsection (d)(2)(A)(i), the Secretary shall order the responsible person to submit to the data bank periodic reports on the progress being made toward submission of the results, which reports shall be submitted not less frequently that once every two years until the results are submitted to the data bank. (2) Relation to related requirements \nIf a responsible person for a clinical trial is ineligible for purposes of section 565(f)(1)(B) or 566(a)(2) of the Federal Food, Drug, and Cosmetic Act, the person is ineligible for any award described in subsection (a)(1) during the period of such ineligibility, without regard to whether the person is ineligible under paragraph (1)(B) of this subsection. (3) False or misleading information \nIf the Secretary determines that the responsible person for a clinical trial has submitted to the data bank information that is false or misleading, and if on such basis a civil money has been imposed under paragraph (1)(A)(ii) on such person or the person has becomes ineligible within the meaning of paragraph (1)(B) or (2), the Secretary shall remove the information from the data bank, subject to any judicial review of such action or actions of the Secretary. (4) Waiver regarding ineligibility for funding \nWith respect to a responsible person who is ineligible for purposes of paragraph (1)(B) or (2), the Secretary may waive the applicability of such paragraph in order to provide for a clinical trial if the Secretary determines that providing the waiver is in the public interest or consistent with the protection of the public health. Each such determination of the Secretary shall be published in the Federal Register. (5) Funding of comparative studies \nPenalties collected by the Secretary under paragraph (1)(A)(ii) shall be used by the Secretary to make awards of grants, contracts, or cooperative agreements for the conduct of comparative clinical trials to determine the safety or relative effectiveness of products. (h) Criteria \nThe Secretary shall establish criteria regarding compliance with this section. (i) Award for conduct of clinical trial; compliance costs as direct costs \nIn administering an award of a grant, contract, or cooperative agreement that is subject to subsection (a)(1), the Secretary shall consider the costs of complying with requirements under such subsection as part of the direct costs of conducting the clinical trial involved. (j) Definitions \nFor purposes of this section: (1) The term approved product means a product that is approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of the Federal Food, Drug, and Cosmetic Act or under section 351 of this Act. (2) The term approved use , with respect to an approved product, means a use that is an approved, licensed, or cleared use of the product under a provision of law referred to in paragraph (1). (3) The term clinical trial , with respect to a product, means a clinical investigation within the meaning of section 505(i) of the Federal Food, Drug, and Cosmetic Act (in the case of drug), or within the meaning of section 520(g) of such Act (in the case of a device), as applicable, except that such term does not include such an investigation that does not prospectively assign human subjects to intervention or comparison groups to study the causal relationship between a medical intervention and an outcome. (4) The term data bank means the data bank under subsection (b). (5) The term device has the meaning given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act. (6) The term drug has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act. Such term includes a biological product. (7) The term MEDLINE means the bibliographic electronic data base of references to journal-published articles that is operated by the National Library of Medicine and is designated by such Library as the Medical Literature, Analysis, and Retrieval System Online. (8) The term product has the meaning indicated for such term in subsection (a)(1). (9) The term researchers means individuals who conduct research on drugs or devices. (10) The term responsible person , with respect to a clinical trial to determine the safety or effectiveness of a use of a product, has the following meaning, as applicable: (A) In any case in which an application has been submitted for an exemption under section 505(i) or 520(g)(2)(A) with respect to the trial, such term means the entity who, within the meaning of such section, is the sponsor of the trial. (B) In any case in which such an application has not been submitted, such term means the entity who is or will be providing the largest share of the monetary support for the trial (without regard to any in-kind support for the trial), subject to the following: (i) If the Federal Government or a State is or will be providing the largest share, such term means the principal investigator for the trial. (ii) If a nonprofit private entity is or will be providing the largest share, such term means the principal investigator for the trial in any case in which such entity and investigator have jointly certified to the Secretary that the investigator will be the responsible person for purposes of this section. (iii) If two or more entities provide equal monetary support for the trial and no other entity provides a greater amount of monetary support, such term means each of the entities providing such equal support, other than the Federal Government or a State. (iv) Notwithstanding clauses (i) through (iii), if an entity submits to the Secretary a written request to be the responsible person for purposes of this section, such term means that entity in any case in which the Secretary determines that the entity is or will be providing monetary support for the trial and is responsible for conducting the trial. (11) The term unapproved product means a product that is not an approved product. (12) The term unapproved use , with respect to an approved product, means a use that is not an approved use. (k) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2004 and each subsequent fiscal year. Fees collected under section 736 or 738 of the Federal Food, Drug, and Cosmetic Act shall not be used in carrying out this section.. (b) Clinical investigations in progress \nWith respect to a clinical investigation to determine the safety or effectiveness of a use of a drug, biological product, or device, if the final data collection from subjects in the trial on the primary outcome has not been completed as of the date of the enactment of this Act, and if the investigation is being conducted with an award of a grant, contract, or cooperative agreement under the Public Health Service Act, the investigation becomes subject to section 491A of such Act (as added by subsection (a) of this section) upon the expiration of 30 days after the date of the enactment of this Act, except that registration information required pursuant to subsection (d)(1) of such section 491A is due upon the expiration of such 30 days. For purposes of the preceding sentence, the term clinical investigation has the meaning that applies for purposes of subsection (j)(3) of such section 491A. (c) Rule of construction regarding prior provision \nWith respect to the data bank program under section 402(j) of the Public Health Service Act as in effect on the day before the date of the enactment of this Act: (1) Subsection (a) shall be construed as a transfer and modification of the program, and not as the termination of the program and the establishment of a different program. (2) All information contained in the data bank on such day shall continue to be contained in the data bank, subject to section 491A of the Public Health Service Act (as added by subsection (a) of this section) or other applicable provisions of law.", "id": "H1CDC081242144B648CF2CC55864E90", "header": "Registration of clinical trials under Public Health Service Act" }, { "text": "491A. Registration of clinical trials; data bank \n(a) In general \n(1) Conditions for financial awards \nExcept as provided in paragraph (2), an entity may not receive an award of a grant, contract, or cooperative agreement under this Act for the conduct of a clinical trial to determine the safety or effectiveness of a use of a drug or device (referred to in this section as a product ) unless the responsible person for the trial— (A) agrees to register the trial with the Secretary in accordance with subsection (d)(1); (B) agrees to provide to the Secretary information on the results of the trial in accordance with subsection (d)(2); (C) agrees to the disclosure to the public of information regarding the trial in accordance with subsection (e); and (D) agrees to be subject to audits under subsection (f)(1), and as applicable, to liquidated penalties and the requirement to submit reports under subsection (g)(1). (2) Exception \nParagraph (1) does not apply to a clinical trial to determine the safety of a use of a drug if the trial is designed solely to detect major toxicities in the drug or to investigate pharmacokinetics, except that such paragraph does apply if the trial is designed solely to investigate pharmacokinetics in a special population or populations. (b) Data bank \n(1) In general \nThe Secretary, acting through the Director of NIH, shall establish, maintain, and operate a data bank of information provided to the Secretary pursuant to subsection (a), including collecting, cataloging, and storing the information, and disseminating the information in accordance with subsection (e). The activities of the data bank shall be integrated and coordinated with related activities of other agencies of the Department of Health and Human Services, and to the extent practicable, coordinated with other data banks containing similar information. (2) Information from elective submissions \n(A) Clinical trials regarding drugs or devices \nThe Secretary may accept for inclusion in the data bank information on clinical trials that are trials to determine the safety or effectiveness of a use of a product but are not subject to requirements under subsection (a). The inclusion of information in the data bank under the preceding sentence is subject to the condition that the responsible person for the clinical trial involved make each of the agreements described in subsection (a)(1). (B) Other clinical trials \nThe Secretary may accept for inclusion in the data bank information on clinical trials that do not involve drugs or devices if the responsible person for the trial involved agrees to such conditions regarding the submission and disclosure of the information as the Secretary determines to be appropriate, taking into account the requirements of this section for clinical trials that do involve drugs or devices. (3) Consultation \nThe Secretary shall operate the data bank in consultation with the Commissioner of Food and Drugs, the directors of the appropriate agencies of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention. (4) National Library of Medicine \nThe Director of NIH shall assign to the National Library of Medicine the primary responsibility for carrying out paragraph (1). (5) Entry of information \nInformation provided to the Secretary under this section by responsible persons for clinical trials shall be entered in the data bank promptly after the Secretary receives the information, except to the extent that the Secretary determines that the information has not been submitted to the Secretary in accordance with this section, in which case the Secretary shall promptly inform the responsible person involved that corrective actions by the person are necessary to maintain compliance with this section. (6) Authority of secretary \n(A) Inclusion of statements to avoid misinterpretations \nThe Secretary may include in the data bank such statements as the Secretary determines to be appropriate to assist the public in avoiding misinterpretations of information in the data bank. Statements under the preceding sentence may include statements regarding the data bank in general and statements regarding particular items of information submitted to the data bank. The Secretary may not under the preceding sentence alter any information as submitted. (B) False or misleading information \n(i) In general \nIf under subsection (f) the Secretary determines that information presented or cited in the data bank is false or misleading, the Secretary shall, promptly after making such determination, identify in the data bank the information as false or misleading (as applicable), and shall, to the extent practicable, include in the data bank an accurate version of the information. The Secretary shall in addition make appropriate public notification. (ii) Limitation \nClause (i) does not authorize the disclosure of information if— (I) the disclosure would constitute a clearly unwarranted invasion of personal privacy; or (II) the information concerns a method or process that is a trade secret entitled to protection within the meaning of section 301(j) of the Federal Food, Drug, and Cosmetic Act. (c) Institutional review boards \nFor purposes of subsection (a), the Secretary shall amend part 46 of title 45, Code of Federal Regulations, to provide that— (1) the functions of institutional review boards under such part include— (A) determining whether clinical trials to determine the safety or effectiveness of products are registered under subsection (a)(1)(A); and (B) denying the approval of the boards for such trials that are not registered under such subsection; (2) any approval of an institutional review board regarding such a trial is not effective under such part if the trial is not registered under such subsection; and (3) upon request of an institutional review board for such a trial, the Secretary will provide to the board a copy of the registration for the trial under such subsection (which copy will be the registration as submitted to the Secretary, together with all updates to the registration). (d) Submission of required information \n(1) Submission of registration information \n(A) In general \nA registration of a clinical trial under subsection (a)(1)(A) is in accordance with this paragraph if, subject to subparagraph (B), the registration is in such form and is submitted in such manner as the Secretary requires, and the registration contains such information on the design and goals of the trial as the Secretary determines to be important to clinicians or researchers. Such information shall include the following: (i) A brief title for the trial, provided in lay language. (ii) The disease or condition with which the trial is concerned. (iii) The medical intervention or interventions being investigated in the trial. (iv) A statement that— (I) identifies the product as an unapproved product or as an approved product, as applicable; and (II) in addition, in the case of an approved product, identifies the trial as investigating the approved use of the product or an unapproved use of the product, as applicable. (v) The purpose of the trial, including a statement of the interventions and comparisons involved. (vi) A statement of the hypothesis being tested in the trial. (vii) Information on— (I) study design; (II) methods; (III) study phase; and (IV) study type. (viii) The definition of the primary and secondary outcomes for the trial. (ix) The length of time for which data on the primary and secondary outcomes will be collected on each patient. (x) Eligibility criteria for participation in the trial. (xi) The total number of subjects anticipated to participate in the trial. (xii) The anticipated or actual date on which the trial will begin. (xiii) The anticipated or actual date of final data collection from subjects in the trial on the primary outcome. (xiv) The identity of each responsible person for the trial. (xv) Sources of funding for the trial in addition to the award under this Act. (xvi) The identity of the principal investigator in the trial. (xvii) Contact information for the principal investigator. (xviii) A unique protocol number identification number for the trial, which number shall be assigned by the Secretary. (xix) After the initial submission of the registration, periodic updates to reflect changes to information provided under this subparagraph and subparagraph (B), which updates— (I) are provided not less frequently than once every six months until the results of the trial are submitted under paragraph (2)(A)(i) or a waiver is provided under paragraph (2)(C); and (II) identify the dates on which the changes were made. (B) Serious or life-threatening diseases; test of effectiveness \nIn the case of a registration under subsection (a)(1)(A) of a clinical trial to test the effectiveness of the use of a product with respect to a serious or life-threatening disease or condition, the registration is in accordance with this paragraph if, in addition to the information described in subparagraph (A), the registration provides the following information: (i) A brief summary of the trial, provided in lay language. (ii) A description of the location of trial sites. (iii) A point of contact for individuals desiring to enroll as subjects in the trial, including a single point of contact for all trial sites. (iv) The status of the trial with respect to the enrollment of subjects, stated for the trial in general and for individual trial sites. (v) Information that may be available— (I) under a treatment investigational new drug application, or a treatment investigational device exemption, that has been submitted to the Secretary under section 561(c) of the Federal Food, Drug, and Cosmetic Act (relating to expanded access protocols); or (II) as a Group C cancer drug (as defined by the National Cancer Institute). (2) Submission of results of trial \n(A) In general \nFor purposes of subsection (a)(1)(B), information on the results of a clinical trial is provided in accordance with this paragraph if, subject to subparagraphs (B) and (C), the following conditions are met: (i) The results are submitted— (I) not later than 12 months after the earlier of the anticipated date that applies under paragraph (1)(A)(xiii) or the actual date that applies under such paragraph; or (II) such later date as may apply under an extension under subparagraph (B). (ii) The results are provided in the form of a structured abstract and in such manner as the Secretary may require. (iii) The results consist of information determined by the Secretary to be important to clinicians or researchers, in a form that ensures that the information is accurate and not likely to mislead or distort the results of the trial. Such information shall include the following: (I) The date on which the trial commenced. (II) The actual date for the final collection of data from subjects in the trial. (III) Primary and secondary outcomes, presented succinctly as quantitative data and as tests of hypotheses. (IV) Basic demographic information on subjects. (V) In the group of subjects receiving the product, and in each comparison group of subjects, the percentage of individuals who decided to cease participation as subjects and the reasons for ceasing participation. (VI) Information on significant adverse events in subjects that may be associated with the product involved, including such events for which a causal relationship has not been established. (iv) If the trial is investigating an unapproved use of an approved product, a statement is submitted to the data bank that the Food and Drug Administration, as applicable— (I) is currently reviewing an application for approval of the unapproved use; (II) has disapproved such an application; (III) has reviewed such an application, but the application was withdrawn prior to approval or disapproval; or (IV) has not reviewed or approved such an application. (v) After the initial submission of the results, periodic updates are submitted to the data bank to reflect changes in the information submitted under this subparagraph, which updates— (I) are provided not less frequently than once every six months during the 10-year period beginning on the date on which the results are due under clause (i); and (II) identify the dates on which the changes were made. (vi) For each covered article published in a peer-reviewed scientific or academic journal, the responsible person for the trial submits to the data bank a statement that provides a citation to the article. An article published in such a journal is a covered article for purposes of this clause if— (I) the article discusses the results of the trial; (II) the responsible person or the principal investigator for the clinical trial contributed to the article; and (III) MEDLINE includes a citation to the article. (vii) If the due date under clause (i) for the trial is a date that is more than three years after the date on which the trial was registered under subsection (a)(1)(A): (I) Upon the expiration of such three-year period, the responsible person for the trial submits to the data bank a report that describes the progress being made toward submission of the results. (II) For each two-year period that lapses after the submission of the report under subclause (I), the responsible person submits to the data bank an additional report that describes such progress, except that no report is required under this subclause after such due date. (B) Extensions \n(i) In general \nThe Secretary may provide an extension of the due date under subparagraph (A)(i) for the results of a clinical trial if the responsible person for the trial submits to the Secretary a written request that demonstrates good cause for the extension and provides an estimate of the date on which the results will be submitted. More than one such extension may be provided by the Secretary for the clinical trial involved. (ii) Extensions regarding journal publication \n(I) Article under consideration for publication \nThe Secretary shall under clause (i) provide an extension of 18 months regarding the submission of the results of a clinical trial if— (aa) the request under such clause demonstrates that an article providing the information described in subparagraph (A)(iii) has been submitted to a peer-reviewed scientific or academic journal for which references are included in MEDLINE, and the request demonstrates that the article is being considered by the journal for publication; and (bb) such request is made before the expiration of the 12-month period described in subparagraph (A)(i). (II) Article accepted for publication \nIf the responsible person for a clinical trial has received an extension under subclause (I) for the trial, the Secretary shall provide an additional extension of six months, beginning upon the expiration of such first extension, if the person demonstrates to the Secretary, before the expiration of the first extension, that the article involved has been accepted for publication by a journal referred to in such subclause. (C) Waivers regarding results of trial \nWith respect to the requirement under subsection (a)(1)(B) to submit to the Secretary the results of a clinical trial, the Secretary may waive the requirement upon a written request to the Secretary by the responsible person for the trial if the Secretary determines that extraordinary circumstances justify the waiver and that providing the waiver is in the public interest or consistent with the protection of the public health. The Secretary shall ensure that information on each such waiver is included in the data bank. (3) Tracking of changes in information submitted to data bank \nThe Secretary shall ensure that updates to the data bank submitted under paragraphs (1)(A)(xviii) and (2)(A)(v) do not result in the removal from the data bank of the original submissions or of any preceding updates, and that information in the data bank is presented in a manner that enables users to readily access each original submission and to track the changes made by the updates. (e) Public disclosure of information \n(1) In general \nThe Secretary shall disseminate information in the data bank through information systems in accordance with this subsection. Information required in this section to be submitted to the data bank shall not be considered confidential commercial information or trade secrets, notwithstanding any other provision of law. (2) Prohibition against fees \nThe Secretary may not impose a fee for providing access to information in the data bank. (3) Internet sites \n(A) In general \nThe Secretary shall operate one or more searchable Internet sites for purposes of presenting to clinicians and researchers, and to patients seeking to enroll as subjects in clinical trials, information in the data bank that is required in paragraph (5) to be disclosed. The Secretary shall ensure that— (i) such a site, or a portion of a site, is designed specifically for use by clinicians and researchers; and (ii) such a site, or a portion of a site, is designed specifically for use by patients seeking to enroll as subjects in clinical trials. (B) Relation to certain internet site \nThe Secretary shall ensure that the Internet site or portion thereof operated under subparagraph (A)(ii) includes information of the type that was available on ClinicalTrials.gov as of the day before the date of the enactment of the Fair Access to Clinical Trials Act (relating to serious or life-threatening diseases). This section may not be construed as requiring the Secretary to terminate or alter ClinicalTrials.gov, or as prohibiting the Secretary from terminating or altering such site. (4) Specific means of disclosure \nWith respect to information in the data bank that is required in paragraph (5) to be disclosed, all disclosures shall be made through an Internet site or sites under paragraph (3) and any other means determined appropriate by the Secretary, except that in the case of information of the type referred to in paragraph (3)(B) and intended for patients seeking to enroll as subjects in clinical trials, the means of disclosure shall include toll-free telephone communications. (5) Required disclosures; authority of secretary for exclusions \n(A) Clinicians and researchers \nWith respect to means of disclosure under this subsection that are intended for clinicians and researchers, the Secretary shall through such means disclose all information in the data bank, except that the Secretary may exclude information contained in the data bank pursuant to subsection (d)(1)(B) if the Secretary determines that such information is not useful to clinicians and researchers. (B) Patients seeking enrollment as subjects in clinical trials \nWith respect to means of disclosure under this subsection that are intended for patients seeking to enroll as subjects in clinical trials, the Secretary shall through such means disclose all information in the data bank, except that the Secretary may exclude any information that the Secretary determines is not useful to such patients. The Secretary may not under the preceding sentence exclude information of the type referred to in paragraph (3)(B). (6) Registration information; date of disclosure \nIn the case of information regarding a clinical trial that is contained in the data bank pursuant to subparagraph (A) or (B) of subsection (d)(1), disclosures required in paragraph (5) shall begin in accordance with the following: (A) All such disclosures shall begin promptly after the registration involved is submitted to the Secretary, other than disclosure of the definitions of the primary and secondary outcomes. (B) Disclosure of the definition of the primary and secondary outcomes shall begin at the same time as disclosure of the results of the trial begin under paragraph (7)(A). (7) Results of trial; date of disclosure \n(A) In general \nIn the case of information regarding a clinical trial that is contained in the data bank pursuant to subsection (d)(2), disclosures required in paragraph (5) shall begin promptly after the information is submitted to the Secretary, subject to subparagraph (B). (B) Waiver regarding results of trial \nIn the case of information contained in the data bank on waivers under subsection (d)(2)(C), disclosures required in paragraph (5) shall begin promptly after the waiver is provided. (f) Determination of violations \n(1) Compliance audits \n(A) In general \nThe Secretary shall conduct periodic audits of responsible persons for clinical trials receiving awards described in subsection (a)(1) in order to determine whether the persons have submitted information as required under agreements under subparagraphs (A) and (B) of such subsection, including determining whether any of the information is false or misleading. (B) Priority \nIn conducting audits under subparagraph (A), the Secretary shall give priority to responsible persons for clinical trials who have at any time been included on the list under subsection (g)(1)(A)(i), taking into account the number and severity of the violations involved. (2) Notice to responsible persons \nPromptly after determining that a responsible person for a clinical trial is in violation of a requirement under subparagraph (A) or (B) of subsection (a)(1), the Secretary shall notify the person in writing of the violation. (g) Actions of Secretary regarding violations \n(1) In general \nIf a responsible person for a clinical trial is in violation of an agreement under subparagraph (A) or (B) of subsection (a)(1) (including submitting information under such a subparagraph that is false or misleading), the following applies, subject to paragraph (4) of this subsection: (A) In any case in which the violation is not corrected within 30 days after the Secretary provides to the responsible person a notice under subsection (f)(2) regarding the violation: (i) Through Internet sites under subsection (e)(3) and such other means as the Secretary determines to be appropriate, the Secretary shall announce to the public that the responsible person is in violation of this section. For purposes of the preceding sentence, the Secretary shall maintain a list of responsible persons in violation that is available to the public. (ii) The responsible person is, pursuant to subsection (a)(1)(D), subject to a liquidated penalty of not more than a total of $15,000 for all violations adjudicated in a single proceeding in the case of an individual, and $10,000 per day until the violation is corrected in the case of any other person, except that if the person is a nonprofit entity the penalty may not exceed a total of $15,000 for all violations adjudicated in a single proceeding. Paragraphs (3) through (5) of section 303(f) of the Federal Food, Drug, and Cosmetic Act apply to the imposition of such a penalty to the same extent and in the same manner as such paragraphs apply to a penalty imposed under paragraph (1) or (2) of such section. (B) In any case in which the violation is a significant violation and is not corrected within 60 days after the Secretary provides to the responsible person a notice under subsection (f)(2) regarding the violation, the Secretary shall, after notice and an opportunity for a hearing, consider the person to be ineligible for any future awards described in subsection (a)(1) until the violation is corrected, except that notice and an opportunity for a hearing are not required if a hearing regarding such violation was held pursuant to subparagraph (A)(ii). (C) In any case in which the violation is a failure to submit to the data bank the results of the trial by the due date under subsection (d)(2)(A)(i), the Secretary shall order the responsible person to submit to the data bank periodic reports on the progress being made toward submission of the results, which reports shall be submitted not less frequently that once every two years until the results are submitted to the data bank. (2) Relation to related requirements \nIf a responsible person for a clinical trial is ineligible for purposes of section 565(f)(1)(B) or 566(a)(2) of the Federal Food, Drug, and Cosmetic Act, the person is ineligible for any award described in subsection (a)(1) during the period of such ineligibility, without regard to whether the person is ineligible under paragraph (1)(B) of this subsection. (3) False or misleading information \nIf the Secretary determines that the responsible person for a clinical trial has submitted to the data bank information that is false or misleading, and if on such basis a civil money has been imposed under paragraph (1)(A)(ii) on such person or the person has becomes ineligible within the meaning of paragraph (1)(B) or (2), the Secretary shall remove the information from the data bank, subject to any judicial review of such action or actions of the Secretary. (4) Waiver regarding ineligibility for funding \nWith respect to a responsible person who is ineligible for purposes of paragraph (1)(B) or (2), the Secretary may waive the applicability of such paragraph in order to provide for a clinical trial if the Secretary determines that providing the waiver is in the public interest or consistent with the protection of the public health. Each such determination of the Secretary shall be published in the Federal Register. (5) Funding of comparative studies \nPenalties collected by the Secretary under paragraph (1)(A)(ii) shall be used by the Secretary to make awards of grants, contracts, or cooperative agreements for the conduct of comparative clinical trials to determine the safety or relative effectiveness of products. (h) Criteria \nThe Secretary shall establish criteria regarding compliance with this section. (i) Award for conduct of clinical trial; compliance costs as direct costs \nIn administering an award of a grant, contract, or cooperative agreement that is subject to subsection (a)(1), the Secretary shall consider the costs of complying with requirements under such subsection as part of the direct costs of conducting the clinical trial involved. (j) Definitions \nFor purposes of this section: (1) The term approved product means a product that is approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of the Federal Food, Drug, and Cosmetic Act or under section 351 of this Act. (2) The term approved use , with respect to an approved product, means a use that is an approved, licensed, or cleared use of the product under a provision of law referred to in paragraph (1). (3) The term clinical trial , with respect to a product, means a clinical investigation within the meaning of section 505(i) of the Federal Food, Drug, and Cosmetic Act (in the case of drug), or within the meaning of section 520(g) of such Act (in the case of a device), as applicable, except that such term does not include such an investigation that does not prospectively assign human subjects to intervention or comparison groups to study the causal relationship between a medical intervention and an outcome. (4) The term data bank means the data bank under subsection (b). (5) The term device has the meaning given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act. (6) The term drug has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act. Such term includes a biological product. (7) The term MEDLINE means the bibliographic electronic data base of references to journal-published articles that is operated by the National Library of Medicine and is designated by such Library as the Medical Literature, Analysis, and Retrieval System Online. (8) The term product has the meaning indicated for such term in subsection (a)(1). (9) The term researchers means individuals who conduct research on drugs or devices. (10) The term responsible person , with respect to a clinical trial to determine the safety or effectiveness of a use of a product, has the following meaning, as applicable: (A) In any case in which an application has been submitted for an exemption under section 505(i) or 520(g)(2)(A) with respect to the trial, such term means the entity who, within the meaning of such section, is the sponsor of the trial. (B) In any case in which such an application has not been submitted, such term means the entity who is or will be providing the largest share of the monetary support for the trial (without regard to any in-kind support for the trial), subject to the following: (i) If the Federal Government or a State is or will be providing the largest share, such term means the principal investigator for the trial. (ii) If a nonprofit private entity is or will be providing the largest share, such term means the principal investigator for the trial in any case in which such entity and investigator have jointly certified to the Secretary that the investigator will be the responsible person for purposes of this section. (iii) If two or more entities provide equal monetary support for the trial and no other entity provides a greater amount of monetary support, such term means each of the entities providing such equal support, other than the Federal Government or a State. (iv) Notwithstanding clauses (i) through (iii), if an entity submits to the Secretary a written request to be the responsible person for purposes of this section, such term means that entity in any case in which the Secretary determines that the entity is or will be providing monetary support for the trial and is responsible for conducting the trial. (11) The term unapproved product means a product that is not an approved product. (12) The term unapproved use , with respect to an approved product, means a use that is not an approved use. (k) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2004 and each subsequent fiscal year. Fees collected under section 736 or 738 of the Federal Food, Drug, and Cosmetic Act shall not be used in carrying out this section.", "id": "HC0720B2430A546C084C14434C1EC1FC", "header": "Registration of clinical trials; data bank" }, { "text": "3. Other conditions regarding data bank on clinical trials \n(a) Investigational drugs and devices \n(1) In general \nSubchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb et seq. ) is amended by adding at the end the following section: 565. Investigational drugs and devices; conditions regarding data bank on clinical trials \n(a) In general \n(1) Conditions for exemptions \nExcept as provided in paragraph (2), an exemption under section 505(i) or 520(g)(2)(A) for an investigation to determine the safety or effectiveness of the use of a drug or device (referred to in this section as a product ) may not be considered to be in effect unless— (A) the sponsor of the investigation agrees to register the investigation with the Secretary; (B) the sponsor of the investigation agrees to provide to the Secretary information on the results of the investigation; and (C) the sponsor of the investigation agrees to the disclosure to the public of information regarding the investigation. (2) Exception \nParagraph (1) does not apply to an investigation to determine the safety of a use of a drug if the trial is designed solely to detect major toxicities in the drug or to investigate pharmacokinetics, except that such paragraph does apply if the trial is designed solely to investigate pharmacokinetics in a special population or populations. (b) Institutional review boards \nFor purposes of subsection (a), the Secretary shall amend parts 50, 56, and 812 of title 21, Code of Federal Regulations, to provide that— (1) the functions of institutional review boards under such parts include— (A) determining whether investigations are registered under subsection (a)(1)(A); and (B) denying the approval of the boards for investigations that are not registered under such subsection; (2) any approval of an institutional review board regarding an investigation is not effective under such parts if the investigation is not registered under such subsection; and (3) upon request of an institutional review board for such an investigation, the Secretary will provide to the board a copy of the registration for the investigation under such subsection (which copy will be the registration as submitted to the Secretary, together with all updates to the registration). (c) Certain exemptions \nThe reference in subsection (a) to an exemption under section 505(i) includes an exemption described in section 312.2(b) of title 21, Code of Federal Regulations. The reference in such subsection to an exemption under section 520(g)(2)(A) includes an exemption described in section 812.2(b) of such title 21. (d) Relationship to similar requirements \nFor purposes of subsection (a): (1) The responsibilities of a sponsor of an investigation, and of the Secretary, are the same as apply under section 491A of the Public Health Service Act with respect to responsible persons, except to the extent of taking into account that this section concerns conditions for exemptions referred to in subsection (a)(1) and section 491A of such Act concerns conditions for the receipt of an award under such Act. (2) The Secretary shall administer the program under this section and the program under section 491A of such Act as substantially a single program, shall not require duplicative registrations, and shall otherwise avoid duplicative activities. (e) Determination of violations \n(1) Compliance audits \n(A) In general \nThe Secretary shall conduct periodic audits of sponsors of investigations for which exemptions referred to in subsection (a)(1) are in effect in order to determine whether the sponsors have submitted information as required under agreements under subparagraphs (A) and (B) of such subsection, including determining whether any of the information is false or misleading. (B) Priority \nIn conducting audits under subparagraph (A), the Secretary shall give priority to sponsors of investigations who have at any time been included on the list under subsection (f)(1)(A)(i), taking into account the number and severity of the violations involved. (2) Notice to sponsors \nPromptly after determining that a sponsor of an investigation is in violation of a requirement under subparagraph (A) or (B) of subsection (a)(1), the Secretary shall notify the sponsor in writing of the violation. (f) Actions of secretary regarding violations \n(1) In general \nIf a sponsor of an investigation is in violation of an agreement under subparagraph (A) or (B) of subsection (a)(1) (including submitting information under such a subparagraph that is false or misleading), the following applies, subject to paragraph (2) of this subsection: (A) In any case in which the violation is not corrected within 30 days after the Secretary provides to the sponsor a notice under subsection (e)(2) regarding the violation: (i) Through Internet sites operated pursuant to subsection (d) and such other means as the Secretary determines to be appropriate, the Secretary shall announce to the public that the sponsor is in violation of this section. For purposes of the preceding sentence, the Secretary shall maintain a list of sponsors in violation that is available to the public. (ii) The sponsor is subject to a civil penalty of not more than a total of $15,000 for all violations adjudicated in a single proceeding in the case of an individual, and $10,000 per day until the violation is corrected in the case of any other person, except that if the person is a nonprofit entity the penalty may not exceed a total of $15,000 for all violations adjudicated in a single proceeding. Paragraphs (3) through (5) of section 303(f) apply to the imposition of such a penalty to the same extent and in the same manner as such paragraphs apply to a penalty imposed under paragraph (1) or (2) of such section. (B) In any case in which the violation is a significant violation and is not corrected within 60 days after the Secretary provides to the sponsor a notice under subsection (e)(2) regarding the violation, the Secretary may, after notice and an opportunity for a hearing, consider the sponsor to be ineligible for any future exemptions referred to in subsection (a)(1) for any investigation until the violation is corrected, except that notice and an opportunity for a hearing are not required if a hearing regarding such violation was held pursuant to subparagraph (A)(ii). (C) In any case in which the violation is a failure to submit to the data bank the results of the investigation by the due date that applies pursuant to subsection (d), the Secretary shall order the sponsor of the investigation to submit to the data bank periodic reports on the progress being made toward submission of the results, which reports shall be submitted not less frequently that once every two years until the results are submitted to the data bank. (2) False or misleading information \nIf the Secretary determines that the sponsor of an investigation has submitted to the data bank information that is false or misleading, and if on such basis a civil money has been imposed under paragraph (1)(A)(ii) on the sponsor or the sponsor has becomes ineligible within the meaning of paragraph (1)(B), the Secretary shall remove the information from the data bank, subject to any judicial review of such action or actions of the Secretary. (3) Waiver regarding ineligibility for exemptions \nWith respect to a sponsor who is ineligible for purposes of paragraph (1)(B), the Secretary may waive the applicability of such paragraph in order to provide for an investigation if the Secretary determines that providing the waiver is in the public interest or consistent with the protection of the public health. Each such determination of the Secretary shall be published in the Federal Register. (4) Funding of comparative studies \nPenalties collected by the Secretary under paragraph (1)(A)(ii) shall be used by the Secretary to make awards of grants or contracts for the conduct of comparative investigations to determine the safety or relative effectiveness of products. (g) Definitions \n(1) In general \nDefinitions under section 491A(j) of the Public Health Service Act apply for purposes of this section, subject to paragraph (2). (2) Investigation \nFor purposes of this section, the term investigation means a clinical investigation within the meaning of section 505(i) (in the case of drug), or within the meaning of section 520(g) (in the case of a device), as applicable, except that such term does not include such an investigation that does not prospectively assign human subjects to intervention or comparison groups to study the causal relationship between a medical intervention and an outcome.. (2) Conforming amendments \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended— (A) in section 505(i), by adding at the end the following paragraph: (5) The provision of an exemption under paragraph (1) is subject to section 565 (relating to information on investigations). ; and (B) in section 520(g), by adding at the end the following paragraph: (8) The provision of an exemption under paragraph (2)(A) is subject to section 565 (relating to information on investigations).. (b) Premarket application or report; labeling and advertising \nSubchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a) of this section, is amended by adding at the end the following section: 566. Premarket application or report; labeling and advertising; relation to data bank on clinical trials \n(a) Premarket application or report \nIf a person submits to the Secretary an application under section 505(b) or 515 or a report under section 510(k), and one or more of the investigations presented to the Secretary by the person for purposes of the application or report are investigations that are not subject to requirements under section 565 or under section 491A of the Public Health Service, and if the person was the principal investigator or the responsible person for the investigation involved, the following applies: (1) The person is subject to a civil penalty— (A) in any case in which information on the investigation has not, as of the date on which the application or report is submitted to the Secretary, been submitted to the data bank described in such section 491A to the same extent as would have been required as of such date if the investigation had been subject to such requirements (without regard to timeframes for the submission of information that would have applied before such date under such section); and (B) in any case in which, after such date, information on the investigation is not submitted to the data bank to the same extent as would be required if the investigation were subject to such requirements. (2) If the person is subject to a civil penalty under paragraph (1), the Secretary, in addition to such penalty, may, after notice and an opportunity for a hearing, consider the person to be ineligible for any future exemptions under section 505(i) or 520(g)(2)(A) for any investigation until the information involved is submitted to the data bank as described in paragraph (1), except that notice and an opportunity for a hearing are not required if a hearing regarding such violation was held pursuant to paragraph (1). (b) Labeling and advertisements \nIf a person disseminates labeling, or an advertisement or other descriptive printed matter, for a drug or device for human use and the labeling, advertisement, or other matter refers to an investigation that is not subject to requirements under section 565 or under section 491A of the Public Health Service, and if the person was the principal investigator or the responsible person for the investigation, the person is subject to a civil penalty— (1) in any case in which information on the investigation has not, as of the date on which the labeling, advertisement, or other matter enters the market, been submitted to the data bank described in such section 491A to the same extent as would have been required as of such date if the investigation had been subject to such requirements (without regard to timeframes for the submission of information that would have applied before such date under such section); and (2) in any case in which, after such date, information on the investigation is not submitted to the data bank to the same extent as would be required if the investigation were subject to such requirements. (c) Amount of civil penalty; procedure \nA civil penalty under subsection (a)(1) or (b) shall be not more than a total of $15,000 for all violations adjudicated in a single proceeding in the case of an individual, and $10,000 per day until the violation is corrected in the case of any other person, except that if the person is a nonprofit entity the penalty may not exceed a total of $15,000 for all violations adjudicated in a single proceeding. Paragraphs (3) through (5) of section 303(f) apply to the imposition of such a penalty to the same extent and in the same manner as such paragraphs apply to a penalty imposed under paragraph (1) or (2) of such section. (d) Biologics license application \nSubsections (a) and (c) apply with respect to a biologics license application under section 351 of the Public Health Service Act to the same extent and in the same manner as such subsections apply with respect to an application or report referred to in subsection (a). (e) Definitions \nFor purposes of this section: (1) The term investigation has the meaning given such term in section 565(g). (2) The term responsible person has the meaning given such term in section 491A(j) of the Public Health Service Act.. (c) Clinical investigations in progress \nWith respect to a clinical investigation to determine the safety or effectiveness of a use of a drug, biological product, or device, if the final data collection from subjects in the investigation on the primary outcome has not been completed as of the date of the enactment of this Act, and if the investigation is one for which an exemption under section 505(i) or 520(g)(2)(A) of the Federal Food, Drug, and Cosmetic Act is in effect, the investigation becomes subject to section 565 of such Act (as added by subsection (a) of this section) upon the expiration of 30 days after the date of the enactment of this Act, except that registration information required pursuant to subsection (d) of such section 565 is due upon the expiration of such 30 days. For purposes of the preceding sentence, the term clinical investigation has the meaning given such term in subsection (g)(2) of such section 565.", "id": "H55340A9BAFC4423685C8F1CC4B9134F2", "header": "Other conditions regarding data bank on clinical trials" }, { "text": "565. Investigational drugs and devices; conditions regarding data bank on clinical trials \n(a) In general \n(1) Conditions for exemptions \nExcept as provided in paragraph (2), an exemption under section 505(i) or 520(g)(2)(A) for an investigation to determine the safety or effectiveness of the use of a drug or device (referred to in this section as a product ) may not be considered to be in effect unless— (A) the sponsor of the investigation agrees to register the investigation with the Secretary; (B) the sponsor of the investigation agrees to provide to the Secretary information on the results of the investigation; and (C) the sponsor of the investigation agrees to the disclosure to the public of information regarding the investigation. (2) Exception \nParagraph (1) does not apply to an investigation to determine the safety of a use of a drug if the trial is designed solely to detect major toxicities in the drug or to investigate pharmacokinetics, except that such paragraph does apply if the trial is designed solely to investigate pharmacokinetics in a special population or populations. (b) Institutional review boards \nFor purposes of subsection (a), the Secretary shall amend parts 50, 56, and 812 of title 21, Code of Federal Regulations, to provide that— (1) the functions of institutional review boards under such parts include— (A) determining whether investigations are registered under subsection (a)(1)(A); and (B) denying the approval of the boards for investigations that are not registered under such subsection; (2) any approval of an institutional review board regarding an investigation is not effective under such parts if the investigation is not registered under such subsection; and (3) upon request of an institutional review board for such an investigation, the Secretary will provide to the board a copy of the registration for the investigation under such subsection (which copy will be the registration as submitted to the Secretary, together with all updates to the registration). (c) Certain exemptions \nThe reference in subsection (a) to an exemption under section 505(i) includes an exemption described in section 312.2(b) of title 21, Code of Federal Regulations. The reference in such subsection to an exemption under section 520(g)(2)(A) includes an exemption described in section 812.2(b) of such title 21. (d) Relationship to similar requirements \nFor purposes of subsection (a): (1) The responsibilities of a sponsor of an investigation, and of the Secretary, are the same as apply under section 491A of the Public Health Service Act with respect to responsible persons, except to the extent of taking into account that this section concerns conditions for exemptions referred to in subsection (a)(1) and section 491A of such Act concerns conditions for the receipt of an award under such Act. (2) The Secretary shall administer the program under this section and the program under section 491A of such Act as substantially a single program, shall not require duplicative registrations, and shall otherwise avoid duplicative activities. (e) Determination of violations \n(1) Compliance audits \n(A) In general \nThe Secretary shall conduct periodic audits of sponsors of investigations for which exemptions referred to in subsection (a)(1) are in effect in order to determine whether the sponsors have submitted information as required under agreements under subparagraphs (A) and (B) of such subsection, including determining whether any of the information is false or misleading. (B) Priority \nIn conducting audits under subparagraph (A), the Secretary shall give priority to sponsors of investigations who have at any time been included on the list under subsection (f)(1)(A)(i), taking into account the number and severity of the violations involved. (2) Notice to sponsors \nPromptly after determining that a sponsor of an investigation is in violation of a requirement under subparagraph (A) or (B) of subsection (a)(1), the Secretary shall notify the sponsor in writing of the violation. (f) Actions of secretary regarding violations \n(1) In general \nIf a sponsor of an investigation is in violation of an agreement under subparagraph (A) or (B) of subsection (a)(1) (including submitting information under such a subparagraph that is false or misleading), the following applies, subject to paragraph (2) of this subsection: (A) In any case in which the violation is not corrected within 30 days after the Secretary provides to the sponsor a notice under subsection (e)(2) regarding the violation: (i) Through Internet sites operated pursuant to subsection (d) and such other means as the Secretary determines to be appropriate, the Secretary shall announce to the public that the sponsor is in violation of this section. For purposes of the preceding sentence, the Secretary shall maintain a list of sponsors in violation that is available to the public. (ii) The sponsor is subject to a civil penalty of not more than a total of $15,000 for all violations adjudicated in a single proceeding in the case of an individual, and $10,000 per day until the violation is corrected in the case of any other person, except that if the person is a nonprofit entity the penalty may not exceed a total of $15,000 for all violations adjudicated in a single proceeding. Paragraphs (3) through (5) of section 303(f) apply to the imposition of such a penalty to the same extent and in the same manner as such paragraphs apply to a penalty imposed under paragraph (1) or (2) of such section. (B) In any case in which the violation is a significant violation and is not corrected within 60 days after the Secretary provides to the sponsor a notice under subsection (e)(2) regarding the violation, the Secretary may, after notice and an opportunity for a hearing, consider the sponsor to be ineligible for any future exemptions referred to in subsection (a)(1) for any investigation until the violation is corrected, except that notice and an opportunity for a hearing are not required if a hearing regarding such violation was held pursuant to subparagraph (A)(ii). (C) In any case in which the violation is a failure to submit to the data bank the results of the investigation by the due date that applies pursuant to subsection (d), the Secretary shall order the sponsor of the investigation to submit to the data bank periodic reports on the progress being made toward submission of the results, which reports shall be submitted not less frequently that once every two years until the results are submitted to the data bank. (2) False or misleading information \nIf the Secretary determines that the sponsor of an investigation has submitted to the data bank information that is false or misleading, and if on such basis a civil money has been imposed under paragraph (1)(A)(ii) on the sponsor or the sponsor has becomes ineligible within the meaning of paragraph (1)(B), the Secretary shall remove the information from the data bank, subject to any judicial review of such action or actions of the Secretary. (3) Waiver regarding ineligibility for exemptions \nWith respect to a sponsor who is ineligible for purposes of paragraph (1)(B), the Secretary may waive the applicability of such paragraph in order to provide for an investigation if the Secretary determines that providing the waiver is in the public interest or consistent with the protection of the public health. Each such determination of the Secretary shall be published in the Federal Register. (4) Funding of comparative studies \nPenalties collected by the Secretary under paragraph (1)(A)(ii) shall be used by the Secretary to make awards of grants or contracts for the conduct of comparative investigations to determine the safety or relative effectiveness of products. (g) Definitions \n(1) In general \nDefinitions under section 491A(j) of the Public Health Service Act apply for purposes of this section, subject to paragraph (2). (2) Investigation \nFor purposes of this section, the term investigation means a clinical investigation within the meaning of section 505(i) (in the case of drug), or within the meaning of section 520(g) (in the case of a device), as applicable, except that such term does not include such an investigation that does not prospectively assign human subjects to intervention or comparison groups to study the causal relationship between a medical intervention and an outcome.", "id": "H9FCE8147BB5A4F3F89A6D5FB58D44BF1", "header": "Investigational drugs and devices; conditions regarding data bank on clinical trials" }, { "text": "566. Premarket application or report; labeling and advertising; relation to data bank on clinical trials \n(a) Premarket application or report \nIf a person submits to the Secretary an application under section 505(b) or 515 or a report under section 510(k), and one or more of the investigations presented to the Secretary by the person for purposes of the application or report are investigations that are not subject to requirements under section 565 or under section 491A of the Public Health Service, and if the person was the principal investigator or the responsible person for the investigation involved, the following applies: (1) The person is subject to a civil penalty— (A) in any case in which information on the investigation has not, as of the date on which the application or report is submitted to the Secretary, been submitted to the data bank described in such section 491A to the same extent as would have been required as of such date if the investigation had been subject to such requirements (without regard to timeframes for the submission of information that would have applied before such date under such section); and (B) in any case in which, after such date, information on the investigation is not submitted to the data bank to the same extent as would be required if the investigation were subject to such requirements. (2) If the person is subject to a civil penalty under paragraph (1), the Secretary, in addition to such penalty, may, after notice and an opportunity for a hearing, consider the person to be ineligible for any future exemptions under section 505(i) or 520(g)(2)(A) for any investigation until the information involved is submitted to the data bank as described in paragraph (1), except that notice and an opportunity for a hearing are not required if a hearing regarding such violation was held pursuant to paragraph (1). (b) Labeling and advertisements \nIf a person disseminates labeling, or an advertisement or other descriptive printed matter, for a drug or device for human use and the labeling, advertisement, or other matter refers to an investigation that is not subject to requirements under section 565 or under section 491A of the Public Health Service, and if the person was the principal investigator or the responsible person for the investigation, the person is subject to a civil penalty— (1) in any case in which information on the investigation has not, as of the date on which the labeling, advertisement, or other matter enters the market, been submitted to the data bank described in such section 491A to the same extent as would have been required as of such date if the investigation had been subject to such requirements (without regard to timeframes for the submission of information that would have applied before such date under such section); and (2) in any case in which, after such date, information on the investigation is not submitted to the data bank to the same extent as would be required if the investigation were subject to such requirements. (c) Amount of civil penalty; procedure \nA civil penalty under subsection (a)(1) or (b) shall be not more than a total of $15,000 for all violations adjudicated in a single proceeding in the case of an individual, and $10,000 per day until the violation is corrected in the case of any other person, except that if the person is a nonprofit entity the penalty may not exceed a total of $15,000 for all violations adjudicated in a single proceeding. Paragraphs (3) through (5) of section 303(f) apply to the imposition of such a penalty to the same extent and in the same manner as such paragraphs apply to a penalty imposed under paragraph (1) or (2) of such section. (d) Biologics license application \nSubsections (a) and (c) apply with respect to a biologics license application under section 351 of the Public Health Service Act to the same extent and in the same manner as such subsections apply with respect to an application or report referred to in subsection (a). (e) Definitions \nFor purposes of this section: (1) The term investigation has the meaning given such term in section 565(g). (2) The term responsible person has the meaning given such term in section 491A(j) of the Public Health Service Act.", "id": "HE5737591D2934E658746214E7FE7D3E3", "header": "Premarket application or report; labeling and advertising; relation to data bank on clinical trials" }, { "text": "4. Rule of construction regarding authority of Secretary for public disclosure of information on clinical trials \nThis Act and the amendments made by this Act may not be construed as limiting the authority of the Secretary of Health and Human Services to disclose to the public information on clinical trials to determine the safety or effectiveness of the use of drugs, which authority was in effect as of the day before the date of the enactment of this Act.", "id": "HDBF2E40764CB4A7C893C2258CEEDCB22", "header": "Rule of construction regarding authority of Secretary for public disclosure of information on clinical trials" } ]

[ { "text": "1. Authorizing Board of Regents of Smithsonian Institution to Carry out Activities in Support of veritas astrophysical observatory project \nThe Board of Regents of the Smithsonian Institution is authorized to carry out activities in support of the collaborative Very Energetic Radiation Imaging Telescope Array System (VERITAS) project on Kitt Peak near Tucson, Arizona, including developing the site, constructing an astrophysical observatory instrumentation support facility, and installing necessary utilities and equipment housings.", "id": "HFB248436B2E049509C870300A6502EDA", "header": "Authorizing Board of Regents of Smithsonian Institution to Carry out Activities in Support of veritas astrophysical observatory project" }, { "text": "2. Authorization of Appropriations \nThere is authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out section 1.", "id": "H668973A540D54E82B1319C1FECC167E0", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Eva Holtzman Post Office \n(a) Designation \nThe facility of the United States Postal Service located at United States Route 1 in Ridgeway, North Carolina, shall be known and designated as the Eva Holtzman Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Eva Holtzman Post Office.", "id": "H981841148CF247F2B8EB1414FEB25C96", "header": "Eva Holtzman Post Office" } ]

[ { "text": "1. Duty free treatment for tents from certain middle eastern countries \n(a) Duty free treatment \nNotwithstanding any other provision of law, the President shall provide duty-free treatment for any eligible article from a beneficiary country designated under section 2. (b) Eligible article \nFor purposes of this Act, the term eligible article means any tent with a sewn in floor and base size less than 20´ by 20´ classified under subheading 6306.22.90 of the Harmonized Tariff Schedule of the United States.", "id": "H15C82978CA6641E5B9386D00C84D9500", "header": "Duty free treatment for tents from certain middle eastern countries" }, { "text": "2. Designation of eligible countries \n(a) In general \nThe President shall, upon the enactment of this Act designate each country listed in subsection (d) as a beneficiary country unless, and shall thereafter withdraw such designation from any such countries if— (1) the country is listed by the United States Department of State as a state sponsor of terrorism; or (2) the country engages in activities that undermine United States national security or foreign policy interests. (b) Reviews \nBeginning 1 year after the date of the enactment of this Act, and annually thereafter, the President shall conduct a review to determine if a basis exists for withdrawing the designation of a country as a beneficiary country under this Act. In determining whether or not to withdraw such designation, the President shall consider— (1) whether or not the country has established, or is making continual progress toward establishing— (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by— (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) the country’s record on activities that undermine United States national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether the country is a signatory of the United Nations Declaration of Human Rights, engages in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) the country’s participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether the country otherwise meets the eligibility criteria set forth in subsection (b)(2) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ), other than subparagraph (B) of such subsection. (c) Continuing compliance \nIf the President determines under subsection (b) that a country should no longer be designated as a beneficiary country, the President shall withdraw such designation. (d) Countries eligible for designation \nThe countries referred to in subsection (a) are the following countries of the greater Middle East or their successor political entities: (1) Afghanistan. (2) Algeria. (3) Azerbaijan. (4) Bahrain. (5) Bangladesh. (6) Egypt. (7) Iraq. (8) Kuwait. (9) Lebanon. (10) Morocco. (11) Oman. (12) Pakistan. (13) Qatar. (14) Saudi Arabia. (15) Tunisia. (16) Turkey. (17) United Arab Emirates. (18) Yemen. (e) The Palestinian authority \n(1) Designation \nThe President is authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority— (A) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (B) does not engage in activities that undermine United States national security or foreign policy interests; (C) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and the press, freedom of peaceful assembly and association, and freedom of religion; and (D) accepts Israel’s right to exist in peace within secure borders. (2) Withdrawal \nThe President shall withdraw the designation of the Palestinian Authority under paragraph (1) at any time that the President determines that the Palestinian Authority no longer meets the requirements of paragraph (1). (f) Notification of Congress \nIn any case in which the President withdraws the designation of a country as a beneficiary country under subsection (a) or (c), or withdraws the designation of the Palestinian Authority under subsection (d)(2), the President shall notify the Congress of such withdrawal and the reasons therefor.", "id": "HD1F3146A85A14637B9A218F5F88BBC2D", "header": "Designation of eligible countries" }, { "text": "3. Rule of origin general rule \n(a) General rule \n(1) Duty-free treatment \nThe duty-free treatment provided under this Act shall apply to any article which is the growth, product, or manufacture of 1 or more beneficiary countries if— (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of— (i) the cost or value of the materials produced in 1 or more beneficiary countries, plus (ii) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. (2) U.S. Content \nFor purposes of determining the percentage referred to in paragraph (1)(B), if the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in paragraph (1)(B). (b) Definition \nIn this section, the term entered means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.", "id": "HFF26C2025AB049EEA900111049D0CFCC", "header": "Rule of origin general rule" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Post-Abortion Depression Research and Care Act.", "id": "HD8DAF81090294AAFADA1C4A3B1B1C700", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) About 3,000,000 women per year in the United States have an unplanned or unwanted pregnancy, and approximately 1,186,000 of these pregnancies end in elective abortion. (2) Abortion can have severe and long-term effects on the mental and emotional well-being of women. Women often experience sadness and guilt following abortions with no one to console them. They may have difficulty in bonding with new babies, become overprotective parents or develop problems in their relationship with their spouses. Problems such as eating disorders, depression and suicide attempts have also been traced to past abortions. (3) The symptoms of post-abortion depression include bouts of crying, guilt, intense grief or sadness, emotional numbness, eating disorders, drug and alcohol abuse, suicidal urges, anxiety and panic attacks, anger/rage, sexual problems or promiscuity, lowered self esteem, nightmares and sleep disturbance, flashbacks, and difficulty with relationships. (4) Women who aborted a first pregnancy are four times more likely to report substance abuse compared to those who suffered a natural loss of their first pregnancy, and they are five times more likely to report subsequent substance abuse than women who carried to term. (5) Greater thought suppression is associated with experiencing more intrusive thoughts of the abortion. Both suppression and intrusive thoughts, in turn, are positively related to increases in psychological distress over time. (6) Women who experience decision-making difficulties and may lack social support may experience more negative emotional consequences to induced abortion. (7) Post-abortion depression often relates to the lack of understanding in society and the medical community of the complexity of post-abortion depression, and economic pressures placed on hospitals and providers are contributing factors. (8) Social pressure to have an abortion can be directly related to higher levels of immediate regret and more mental undoing over subsequent years. (9) Post-abortion depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (10) While there have been many studies regarding the emotional aftermath of abortion, very little research has been sponsored by the National Institutes of Health.", "id": "HEE06A28F960640530017E7AA87677232", "header": "Findings" }, { "text": "101. Expansion and intensification of activities of national Institute of mental health \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health (in this section referred to as the Institute ), shall expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis (in this section referred to as post-abortion conditions ). (b) Coordination with other Institutes \nThe Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to post-abortion conditions. (c) Programs for post-abortion conditions \nIn carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions. Activities under such subsection shall include conducting and supporting the following: (1) Basic research concerning the etiology and causes of the conditions. (2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. (3) The development of improved diagnostic techniques. (4) Clinical research for the development and evaluation of new treatments, including new biological agents. (5) Information and education programs for health care professionals and the public. (d) Longitudinal study \n(1) In general \nThe Director of the Institute shall conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report \nBeginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress reports on the findings of the study. (e) Authorization of appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $3,000,000 for each of the fiscal years 2005 through 2009.", "id": "H6013CD2B65E04C6194CE9FF036FA91B8", "header": "Expansion and intensification of activities of national Institute of mental health" }, { "text": "201. Establishment of program of grants \n(a) In general \nThe Secretary of Health and Human Services (in this title referred to as the “Secretary”) shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis (referred to in this section as a “post-abortion condition) and their families. (b) Recipients of grants \nA grant under subsection (a) may be made to an entity only if the entity— (1) is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity; and (2) had experience in providing the services described in subsection (a) before the date of the enactment of this Act. (c) Certain activities \nTo the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of post-abortion conditions. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for post-abortion conditions; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with post-abortion conditions and support services for their families. (d) Integration with other programs \nTo the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. (e) Limitation on amount of grants \nA grant under subsection (a) may not for any fiscal year be made in an amount exceeding $100,000.", "id": "H6CE737DD63584A82953330E43690D1A7", "header": "Establishment of program of grants" }, { "text": "202. Certain requirements \nA grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of post-abortion conditions. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services— (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals.", "id": "H12A129C1FE494B8EBC4DBB662EB5C9D", "header": "Certain requirements" }, { "text": "203. Technical assistance \nThe Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201.", "id": "H2B3CBF0D7AF8464D004C30614343796B", "header": "Technical assistance" }, { "text": "204. Authorization of appropriations \nFor the purpose of carrying out this title, there is authorized to be appropriated $300,000 for each of the fiscal years 2005 through 2009.", "id": "H6A53FD69314C4D81A2CC11FFD6A9E8B6", "header": "Authorization of appropriations" } ]

[ { "text": "1. Environmental review for renewable energy projects \n(a) Compliance with NEPA for renewable energy projects \nNotwithstanding any other law, in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) with respect to any action authorizing a renewable energy project under the jurisdiction of a Federal agency— (1) no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative; and (2) no Federal agency is required to analyze the environmental effects of alternative locations or actions other than those submitted by the project proponent. (b) Consideration of alternatives \nIn any environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only identify and analyze the environmental effects and potential mitigation measures of— (1) the proposed action; and (2) the no action alternative. (c) Public comment \nIn preparing an environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only consider public comments that specifically address the preferred action and that are filed within 20 days after publication of a draft environmental assessment or draft environmental impact statement. Notwithstanding any other law, compliance with this subsection is deemed to satisfy section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) and the applicable regulations and administrative guidelines with respect to proposed renewable energy projects. (d) Definition \nFor purposes of this section, the term renewable energy project — (1) means any proposal to utilize an energy source other than nuclear power or the combustion of coal, oil or natural gas; and (2) includes but is not be limited to the use of wind, solar, geothermal, or tidal forces to generate energy.", "id": "H13637036F8D740F681688D7C95587BCA", "header": "Environmental review for renewable energy projects" } ]

[ { "text": "1. Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.06 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid (provided for in subheading 2005.90.55) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid" } ]

[ { "text": "1. Dedesignation \nThe former Federal Building located at 500 Fannin Street in Shreveport, Louisiana, designated on October 28, 1978, by Public Law 95–545 , as the Joe Waggoner Federal Building shall no longer be known as the Joe Waggoner Federal Building.", "id": "H0E1F64CE4C3946C9961632A39065A573", "header": "Dedesignation" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the former Federal Building referred to in section 1 shall not be deemed to be a reference to a Federal building.", "id": "H9CDD8CA3D2064D77B1CB9DD3291B2E97", "header": "References" } ]

[ { "text": "1. Pigment Red 208 \n(a) In general \nHeading 9902.32.27 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2002 and inserting 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2003.", "id": "H2873F4F8A35546BE8FCAC8DF98F6596B", "header": "Pigment Red 208" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Public Servant Retirement Protection Act.", "id": "H96D70BD4E4C749B1A29BC1BD186E00CA", "header": "Short title" }, { "text": "2. Repeal of current windfall elimination provision \nParagraph (7) of section 215(a) of the Social Security Act ( 42 U.S.C. 415(a)(7) ) is repealed.", "id": "H495E071F29C84A189C9B4562F0B9E728", "header": "Repeal of current windfall elimination provision" }, { "text": "3. Replacement of the windfall elimination provision with a formula equalizing benefits for certain individuals with non-covered employment \n(a) Substitution of proportional formula for formula based on covered portion of periodic benefit \n(1) In general \nSection 215(a) of the Social Security Act (as amended by section 2 of this Act) is amended further by inserting after paragraph (6) the following new paragraph: (7) (A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection, who— (i) attains age 62 after 1985 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or (ii) would attain age 62 after 1985 and becomes eligible for a disability insurance benefit after 1985, and who first becomes eligible after 1985 for a monthly periodic payment (including a payment determined under subparagraph (E), but excluding (I) a payment under the Railroad Retirement Act of 1974 or 1937, (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 233, and (III) a payment based wholly on service as a member of a uniformed service (as defined in section 210(m)) which is based in whole or in part upon his or her earnings for service which did not constitute employment as defined in section 210 for purposes of this title (hereafter in this paragraph and in subsection (d)(3) referred to as noncovered service ), the primary insurance amount of that individual during his or her concurrent entitlement to such monthly periodic payment and to old-age or disability insurance benefits shall be computed or recomputed under subparagraph (B) or subparagraph (D) (as applicable). (B) In the case of an individual who first performs service described in subparagraph (A) after the 12th calendar month following the date of the enactment of the Public Servant Retirement Protection Act , if paragraph (1) of this subsection would apply to such individual (except for subparagraph (A) of this paragraph), the individual’s primary insurance amount shall be the product derived by multiplying— (i) the individual’s primary insurance amount, as determined under paragraph (1) of this subsection and subparagraph (C)(i) of this paragraph, by (ii) a fraction— (I) the numerator of which is the individual’s average indexed monthly earnings (determined without regard to subparagraph (C)(i)), and (II) the denominator of which is an amount equal to the individual’s average indexed monthly earnings (as determined under subparagraph (C)(i)), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. (C) (i) For purposes of determining an individual’s primary insurance amount pursuant to subparagraph (B)(i), the individual’s average indexed monthly earnings shall be determined by treating all service performed after 1950 on which the individual’s monthly periodic payment referred to in subparagraph (A) is based (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) as employment as defined in section 210 for purposes of this title (together with all other service performed by such individual consisting of employment as so defined). (ii) For purposes of determining average indexed monthly earnings as described in clause (i), the Commissioner of Social Security shall provide by regulation for a method for determining the amount of wages derived from service performed after 1950 on which the individual’s periodic benefit is based and which is to be treated as employment solely for purposes of clause (i). Such method shall provide for reliance on employment records which are provided to the Commissioner and which constitute a reasonable basis for treatment of service as employment for such purposes, together with such other information received by the Commissioner as the Commissioner may consider appropriate as a reasonable basis for treatment of service as employment for such purposes. (D) (i) In the case of an individual who has performed service described in subparagraph (A) during or before the 12th calendar month following the date of the enactment of the Public Servant Retirement Protection Act , if paragraph (1) of this subsection would apply to such individual (except for subparagraph (A) of this paragraph), there shall first be computed an amount equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that for purposes of such computation the percentage of the individual's average indexed monthly earnings established by subparagraph (A)(i) of paragraph (1) shall be the percent specified in clause (ii). There shall then be computed (without regard to this paragraph) a second amount, which shall be equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that such second amount shall be reduced by an amount equal to one-half of the portion of the monthly periodic payment which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) and to which the individual is entitled (or is deemed to be entitled) for the initial month of his or her concurrent entitlement to such monthly periodic payment and old-age or disability insurance benefits. There shall then be computed (without regard to this paragraph) a third amount, which shall be equal to the individual’s primary insurance amount determined under subparagraph (B) as if subparagraph (B) applied in the case of such individual. The individual's primary insurance amount shall be the largest of the three amounts computed under this subparagraph (before the application of subsection (i)). (ii) For purposes of clause (i), the percent specified in this clause is— (I) 80.0 percent with respect to individuals who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62) in 1986; (II) 70.0 percent with respect to individuals who so become eligible in 1987; (III) 60.0 percent with respect to individuals who so become eligible in 1988; (IV) 50.0 percent with respect to individuals who so become eligible in 1989; and (V) 40.0 percent with respect to individuals who so become eligible in 1990 or thereafter. (E) (i) Any periodic payment which otherwise meets the requirements of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly payment (as determined by the Commissioner of Social Security), and such equivalent monthly payment shall constitute a monthly periodic payment for purposes of this paragraph. (ii) In the case of an individual who has elected to receive a periodic payment that has been reduced so as to provide a survivor's benefit to any other individual, the payment shall be deemed to be increased (for purposes of any computation under this paragraph or subsection (d)(3) by the amount of such reduction. (iii) For purposes of this paragraph, the term periodic payment includes a payment payable in a lump sum if it is a commutation of, or a substitute for, periodic payments. (F) (i) Subparagraph (D) shall not apply in the case of an individual who has 30 years or more of coverage. In the case of an individual who has more than 20 years of coverage but less than 30 years of coverage (as so defined), the percent specified in the applicable subdivision of subparagraph (D)(ii) shall (if such percent is smaller than the applicable percent specified in the following table) be deemed to be the applicable percent specified in the following table: If the number of such individual’s years of coverage (as so defined) is: The applicable percent is: 29 85 28 80 27 75 26 70 25 65 24 60 23 55 22 50 21 45 (ii) For purposes of clause (i), the term year of coverage shall have the meaning provided in paragraph (1)(C)(ii), except that the reference to 15 percent therein shall be deemed to be a reference to 25 percent. (G) An individual’s primary insurance amount determined under this paragraph shall be deemed to be computed under paragraph (1) of this subsection for the purpose of applying other provisions of this title. (H) This paragraph shall not apply in the case of an individual whose eligibility for old-age or disability insurance benefits is based on an agreement concluded pursuant to section 233 or an individual who on January 1, 1984— (i) is an employee performing service to which social security coverage is extended on that date solely by reason of the amendments made by section 101 of the Social Security Amendments of 1983; or (ii) is an employee of a nonprofit organization which (on December 31, 1983) did not have in effect a waiver certificate under section 3121(k) of the Internal Revenue Code of 1954 and to the employees of which social security coverage is extended on that date solely by reason of the amendments made by section 102 of that Act, unless social security coverage had previously extended to service performed by such individual as an employee of that organization under a waiver certificate which was subsequently (prior to December 31, 1983) terminated.. (2) Conforming amendments \n(A) Section 215(d)(3) of such Act ( 42 U.S.C. 415(d)(3) ) is amended— (i) by striking subsection (a)(7)(C) each place it appears and inserting subsection (a)(7)(E) ; (ii) by striking subparagraph (E) and inserting subparagraph (H) ; and (iii) by striking subparagraph (D) and inserting subparagraph (F)(i). (B) Section 215(f)(9)(A) of such Act ( 42 U.S.C. 415(f)(9)(A) ) is amended by striking (a)(7)(C) and inserting (a)(7)(E).", "id": "HEE5245B98FDD4992916D8019007C1ECA", "header": "Replacement of the windfall elimination provision with a formula equalizing benefits for certain individuals with non-covered employment" }, { "text": "4. Effective date \nThe amendments made by this Act shall apply with respect to monthly insurance benefits for months commencing with or after the 12th calendar month following the date of the enactment of this Act. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments made by this Act.", "id": "H111EEDA6CDE64FFD8FEDF77B00009B5D", "header": "Effective date" } ]

[ { "text": "1. Illumination of Gateway Arch in honor of breast cancer awareness month \nIn honor of breast cancer awareness month, the Secretary of the Interior shall authorize the Gateway Arch in St. Louis, Missouri, to be illuminated by pink lights for a certain period of time in October, to be designated by the Secretary of the Interior.", "id": "H454EB341014A45438118448F34DD8756", "header": "Illumination of Gateway Arch in honor of breast cancer awareness month" } ]

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the G.I. Advanced Education in Science and Technology Act.", "id": "H796ED477EF9A4F86A6EE66A2D7D21D7B", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) The United States is starting to lose dominance in science and technology. (2) Increasingly the mothers and fathers of scientific and technological invention are not American, and the number of new doctorates in the sciences, and the number of doctoral students from other countries staying in the United States, are on the decline. (3) This decline has serious implications for jobs, industry, and national security in the United States. (4) Shortages in the science and technology base of the United States will be addressed, in part, by creating a scientific and technology doctoral study program in math, science, engineering, and technology for veterans.", "id": "H5D61A6FC5BB348A3A1A5D5792079C5C6", "header": "Findings" }, { "text": "3. Stipends for pursuit of doctoral degrees in science and technology \n(a) In general \nChapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: V Stipends for veterans pursuing doctoral degrees in science or technology \n3041. Stipend for pursuit of certain doctoral degrees \n(a) In general \nSubject to the availability of appropriations for such purpose, the Secretary shall pay a monthly stipend to each eligible doctoral candidate under this subchapter for each month that the candidate is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines. (b) Eligible doctoral candidates defined \nIn this subchapter, the term eligible doctoral candidate means an individual who meets the following requirements: (1) The individual meets the requirements that apply under section 3011 for entitlement to basic educational assistance under subchapter II of this title, other than requirement under subsection (c) of such section 3011 (relating to reductions in basic pay). (2) The individual is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines, after having completed a bachelor’s degree program in any academic discipline at an institution of higher education. (c) Relation to basic Montgomery GI bill educational assistance \nPayment of educational assistance under this subchapter is in addition to payment of educational assistance under subchapter II or III of this chapter. 3042. Duration of payments \nPayments of stipends under section 3041 of this title to an eligible doctoral candidate may be made for a period not to exceed a total of 60 months. 3043. Amount of stipend \n(a) In general \nSubject to subsection (b), the Secretary shall pay to an eligible doctoral candidate pursuing a course at an institution of higher learning leading to a doctoral degree referred to in section 3041(a) of this title at the monthly rate of $1,200. (b) Adjustment for inflation \nWith respect to any fiscal year beginning after fiscal year 2005, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rate payable under subsection (a) equal to the percentage by which— (1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds (2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). (c) Disregard of stipend amount in determination of assistance from institution of higher learning \nNotwithstanding any other provision of law, an institution of higher learning may not take into account payments made to an eligible doctoral candidate under section 3041 of this title in determining the amount of financial assistance (such as stipends and tuition remittance) the institution would otherwise provide to the eligible doctoral candidate. 3044. Requirements \nPayments of stipends under section 3041 of this title to an eligible doctoral candidate may be made only insofar as the eligible doctoral candidate— (1) has been accepted into an accredited doctoral program at an institution of higher learning; (2) provides annual documentation to the Secretary of full-time matriculation in the doctoral program; and (3) maintains good academic standing. 3045. Time limitation for payment of stipends \nThe period during which the Secretary may make payments of stipends under section 3041 of this title to an eligible doctoral candidate under this subchapter expires at the end of the 10-year period beginning on the date on which the eligible doctoral candidate first begins pursuing full-time such doctoral degree. 3046. Annual authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this subchapter for each fiscal year, beginning with fiscal year 2005, $14,900,000.. (b) Conforming amendments \n(1) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking chapter each place it appears and inserting subchapter. (2) Section 3018A(a) of such title is amended by striking education assistance under this chapter and inserting educational assistance under this subchapter. (3) Section 3018B of such title is amended by striking education assistance under this chapter each place it appears and inserting educational assistance under this subchapter. (4) Section 3018C of such title is amended by striking educational assistance under this chapter each place it appears and inserting educational assistance under this subchapter. (5) Section 3019 of such title is amended by striking chapter each place it appears and inserting subchapter. (c) Clerical amendment \nThe table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: Subchapter V—Stipends for veterans pursuing doctoral degrees in science or technology 3041. Stipend for pursuit of certain doctoral degrees 3042. Duration of payments 3043. Amount of stipend 3044. Requirements 3045. Time limitation for payment of stipends 3046. Annual authorization of appropriations.", "id": "H74BF0E6DE2214C7EB0F22C9591620600", "header": "Stipends for pursuit of doctoral degrees in science and technology" }, { "text": "3041. Stipend for pursuit of certain doctoral degrees \n(a) In general \nSubject to the availability of appropriations for such purpose, the Secretary shall pay a monthly stipend to each eligible doctoral candidate under this subchapter for each month that the candidate is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines. (b) Eligible doctoral candidates defined \nIn this subchapter, the term eligible doctoral candidate means an individual who meets the following requirements: (1) The individual meets the requirements that apply under section 3011 for entitlement to basic educational assistance under subchapter II of this title, other than requirement under subsection (c) of such section 3011 (relating to reductions in basic pay). (2) The individual is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines, after having completed a bachelor’s degree program in any academic discipline at an institution of higher education. (c) Relation to basic Montgomery GI bill educational assistance \nPayment of educational assistance under this subchapter is in addition to payment of educational assistance under subchapter II or III of this chapter.", "id": "H3E7932E425CC43B2AA2EFF7F3469E233", "header": "Stipend for pursuit of certain doctoral degrees" }, { "text": "3042. Duration of payments \nPayments of stipends under section 3041 of this title to an eligible doctoral candidate may be made for a period not to exceed a total of 60 months.", "id": "H4416260B54394A0EB700FDD5B1BEFF54", "header": "Duration of payments" }, { "text": "3043. Amount of stipend \n(a) In general \nSubject to subsection (b), the Secretary shall pay to an eligible doctoral candidate pursuing a course at an institution of higher learning leading to a doctoral degree referred to in section 3041(a) of this title at the monthly rate of $1,200. (b) Adjustment for inflation \nWith respect to any fiscal year beginning after fiscal year 2005, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rate payable under subsection (a) equal to the percentage by which— (1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds (2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). (c) Disregard of stipend amount in determination of assistance from institution of higher learning \nNotwithstanding any other provision of law, an institution of higher learning may not take into account payments made to an eligible doctoral candidate under section 3041 of this title in determining the amount of financial assistance (such as stipends and tuition remittance) the institution would otherwise provide to the eligible doctoral candidate.", "id": "H1AD9F6992F014ABB997014462C2720D7", "header": "Amount of stipend" }, { "text": "3044. Requirements \nPayments of stipends under section 3041 of this title to an eligible doctoral candidate may be made only insofar as the eligible doctoral candidate— (1) has been accepted into an accredited doctoral program at an institution of higher learning; (2) provides annual documentation to the Secretary of full-time matriculation in the doctoral program; and (3) maintains good academic standing.", "id": "HA508B5E0C7AA4B86A1775376E905F1A0", "header": "Requirements" }, { "text": "3045. Time limitation for payment of stipends \nThe period during which the Secretary may make payments of stipends under section 3041 of this title to an eligible doctoral candidate under this subchapter expires at the end of the 10-year period beginning on the date on which the eligible doctoral candidate first begins pursuing full-time such doctoral degree.", "id": "H9191DFBB0423416DAE2370DE364929E7", "header": "Time limitation for payment of stipends" }, { "text": "3046. Annual authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this subchapter for each fiscal year, beginning with fiscal year 2005, $14,900,000.", "id": "HC28D39DF703D41E3BD33D441CF81C87", "header": "Annual authorization of appropriations" } ]

[ { "text": "1. Concerning the participation of Taiwan in the World Health Organization \n(a) Findings \nCongress makes the following findings: (1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health. (2) Direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially today with the great potential for the cross-border spread of various infectious diseases such as the human immunodeficiency virus (HIV), tuberculosis, and malaria. (3) Taiwan’s population of 23,500,000 people is greater than that of 3/4 of the member states already in the World Health Organization (WHO). (4) Taiwan’s achievements in the field of health are substantial, including— (A) attaining— (i) 1 of the highest life expectancy levels in Asia; and (ii) maternal and infant mortality rates comparable to those of western countries; (B) eradicating such infectious diseases as cholera, smallpox, the plague, and polio; and (C) providing children with hepatitis B vaccinations. (5) The United States Centers for Disease Control and Prevention and its counterpart agencies in Taiwan have enjoyed close collaboration on a wide range of public health issues. (6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the WHO. (7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals specializing in firefighting, medicine, and civil engineering. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government. (8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950’s. (9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan’s participation in appropriate international organizations. (10) Public Law 106–137 required the Secretary of State to submit a report to Congress on efforts by the executive branch to support Taiwan’s participation in international organizations, in particular the WHO. (11) In light of all benefits that Taiwan’s participation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appropriate and meaningful participation in the WHO. (12) On May 11, 2001, President Bush stated in a letter to Senator Murkowski that the United States should find opportunities for Taiwan’s voice to be heard in international organizations in order to make a contribution, even if membership is not possible , further stating that the administration has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO. (13) In his speech made in the World Medical Association on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced America’s work for a healthy world cuts across political lines. That is why my government supports Taiwan’s efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it. (14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and Malaria in December 2002. (15) In 2003, the outbreak of Severe Acute Respiratory Syndrome (SARS) caused 73 deaths in Taiwan. (16) Avian influenza, commonly known as bird flu, has reemerged in Asia, with strains of the influenza reported by the People’s Republic of China, Cambodia, Indonesia, Japan, Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos. (17) The SARS and avian influenza outbreaks illustrate that disease knows no boundaries and emphasize the importance of allowing all people access to the WHO. (18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is crucial that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. (19) The Secretary of Health and Human Services acknowledged during the 2003 World Health Assembly meeting that [t]he need for effective public health exists among all peoples. (b) Plan \nThe Secretary of State is authorized to— (1) initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly in May 2004 in Geneva, Switzerland; (2) instruct the United States delegation to the World Health Assembly in Geneva to implement that plan; and (3) introduce a resolution in support of observer status for Taiwan at the summit of the World Health Assembly. (c) Report concerning observer status for Taiwan at the summit of the World Health Assembly \nNot later than 30 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary of State shall submit a report to the Congress, in unclassified form, describing the United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly (WHA) held by the World Health Organization (WHO) in May of each year in Geneva, Switzerland. Each report shall include the following: (1) An account of the efforts the Secretary of State has made, following the last meeting of the World Health Assembly, to encourage WHO member states to promote Taiwan’s bid to obtain observer status. (2) The steps the Secretary of State will take to endorse and obtain observer status at the next annual meeting of the World Health Assembly in Geneva, Switzerland.", "id": "H427458044CC84BB5BF9139F31B8D1615", "header": "Concerning the participation of Taiwan in the World Health Organization" } ]

[ { "text": "1. Suspension of duty on Acid brown 298 \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: 9902.32.02 Acid brown 298 (CAS No. 70236-62-3) (provided for in subheading 3204.12.20) 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": "HD94DCE2DC19B48A5ABFD3AAED9BB8ED", "header": "Suspension of duty on Acid brown 298" } ]

[ { "text": "1. Use of anaerobic digesters to produce renewable energy \nSection 9006(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106(a) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) promote the use of anaerobic digesters to produce renewable energy..", "id": "H15E55CAA033B432DBB9C22DEDCA77092", "header": "Use of anaerobic digesters to produce renewable energy" }, { "text": "2. Use of anaerobic digesters to improve environmental quality \nSection 1240A(6)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is amended by inserting (including an anaerobic digester) after site-specific animal waste management facility.", "id": "H757D71979ADA4A8ABCC5A99B68939295", "header": "Use of anaerobic digesters to improve environmental quality" } ]

[ { "text": "1. Short title \nThis Act may be cited as the “Lowell National Historical Park Boundary Adjustment Act”.", "id": "H522830B575F54393B69484A4EA2A12C", "header": "Short title" }, { "text": "2. Amendments \nThe Act entitled An Act to provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes approved June 5, 1978 ( Public Law 95–290 ; 92 Stat. 290; 16 U.S.C. 410cc et seq. ) is amended as follows: (1) In section 101(a), by adding a new paragraph after paragraph (2) as follows: (3) The boundaries of the park are modified to include five parcels of land identified on the map entitled Boundary Adjustment, Lowell National Historical Park, numbered 475/81,424B and dated September 2004, and as delineated in section 202(a)(2)(G).. (2) In section 202(a)(2), by adding at the end the following new subparagraph: (G) The properties shown on the map identified in subsection (101)(a)(3) as follows: (i) 91 Pevey Street. (ii) The portion of 607 Middlesex Place. (iii) Eagle Court. (iv) The portion of 50 Payne Street. (v) 726 Broadway..", "id": "H1C42A0B357834073AD42D3BFF2CE3BD0", "header": "Amendments" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Florida \n(a) In general \nSection 1860C–1(b) of the Social Security Act , as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following: (3) No cca areas within Florida \nA CCA area shall not include an MSA any portion of which is within the State of Florida.. (b) Effective date \nThe amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "H0550451F60814AF9931984FB3342DEE", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Florida" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Long-Term Care Support and Incentive Act of 2004.", "id": "H327AE2E2487E43829496C374E6B2C565", "header": "Short title" }, { "text": "2. Treatment of premiums on qualified long-term care insurance contracts \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Premiums on qualified long-term care insurance contracts \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount of eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer and the spouse and dependents of the taxpayer under a qualified long-term care insurance contract (as defined in section 7702B(b)). (b) Applicable percentage \nFor purposes of subsection (a)— (1) Age 65 or older \nIn the case of an individual who has attained age 65 as of the close of the taxable year, the applicable percentage shall be 75 percent. (2) Under age 65 \nIn the case of an individual who has not attained age 65 as of the close of the taxable year, the applicable percentage shall be 50 percent. (c) Coordination with other provisions \nAny amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Premiums paid by the taxpayer shall not be taken into account under subsection (a) to the extent that an amount is not includible in gross income under section 220(f) or 223(f) with respect to such payment.. (b) Long-term care insurance permitted to be offered under cafeteria plans and flexible spending arrangements \n(1) Cafeteria plans \nSection 125(f) of the Internal Revenue Code of 1986 (defining qualified benefits) is amended by inserting before the period at the end ; except that such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract. (2) Flexible spending arrangements \nSection 106 of such Code (relating to contributions by an employer to accident and health plans) is amended by striking subsection (c). (c) Conforming amendments \n(1) Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new item: (20) Premiums on qualified long-term care insurance contracts \nThe deduction allowed by section 224.. (2) The 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 on qualified long-term care insurance contracts Sec. 225. Cross reference. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H298C64C5D093474B9282BD19CDAF8B79", "header": "Treatment of premiums on qualified long-term care insurance contracts" }, { "text": "224. Premiums on qualified long-term care insurance contracts \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount of eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer and the spouse and dependents of the taxpayer under a qualified long-term care insurance contract (as defined in section 7702B(b)). (b) Applicable percentage \nFor purposes of subsection (a)— (1) Age 65 or older \nIn the case of an individual who has attained age 65 as of the close of the taxable year, the applicable percentage shall be 75 percent. (2) Under age 65 \nIn the case of an individual who has not attained age 65 as of the close of the taxable year, the applicable percentage shall be 50 percent. (c) Coordination with other provisions \nAny amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Premiums paid by the taxpayer shall not be taken into account under subsection (a) to the extent that an amount is not includible in gross income under section 220(f) or 223(f) with respect to such payment.", "id": "HC8728F4306CA4CBE95A195BF9B1DD42", "header": "Premiums on qualified long-term care insurance contracts" }, { "text": "3. Credit for taxpayers with long-term care needs \n(a) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. Credit for taxpayers with long-term care needs \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $4,000 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. (b) Limitations and adjustments \n(1) In general \nThe amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (2) Threshold amount \nFor purposes of paragraph (1), the term threshold amount means— (A) $150,000 in the case of a joint return, and (B) $75,000 in any other case. (3) Indexing \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of— (A) such dollar amount, and (B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting August of 2003 for August of 1996 in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (4) Application with other credits \nThe credit allowed by 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 27 for the taxable year. (c) Definitions \nFor purposes of this section— (1) Applicable individual \n(A) In general \nThe term applicable individual means, with respect to any taxable year, any individual— (i) who has attained age 65, and (ii) who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act ) as being an individual with long-term care needs described in subparagraph (B) for a period— (I) which is at least 180 consecutive days, and (II) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39 1/2 month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. (B) Individuals with long-term care needs \nAn individual is described in this subparagraph if the individual is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity. (2) Eligible caregiver \n(A) In general \nA taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: (i) The taxpayer. (ii) The taxpayer’s spouse. (iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. (iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. (v) An individual who would be described in clause (iii) for the taxable year if— (I) the requirements of clause (iv) are met with respect to the individual, and (II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). (B) Residency test \nThe requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and— (i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer’s spouse, is a member of the taxpayer’s household for over half the taxable year, or (ii) in the case of any other individual, is a member of the taxpayer’s household for the entire taxable year. (C) Special rules where more than 1 eligible caregiver \n(i) In general \nIf more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. (ii) No agreement \nIf each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. (iii) Married individuals filing separately \nIn the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). (d) Identification requirement \nNo credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. (e) Taxable year must be full taxable year \nExcept in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. (f) Carryforward of unused credit \nIf the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(4) for the 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.. (b) Conforming amendments \n(1) Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting , and , and by inserting after subparagraph (M) the following new subparagraph: (N) an omission of a correct TIN or physician identification required under section 25C(d) (relating to credit for taxpayers with long-term care needs) to be included on a return.. (2) Section 23(b)(4) is amended by striking this section and inserting this section and section 25C. (3) Section 24(b)(3)(B) is amended by striking 23 and 25B and inserting 23, 25B, and 25C. (4) Section 25(e)(1)(C) is amended by inserting 25C, after 25B,. (5) Section 26(a)(1) is amended by striking and 25B and inserting , 25B, and 25C. (6) Section 904(h) is amended by striking and 25B and inserting , 25B, and 25C. (7) Section 1400C(d) is amended by striking and 25B and inserting , 25B, and 25C. (8) The 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. Credit for taxpayers with long-term care needs. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HA8906587AAFB4423ABFCB6100DB14F", "header": "Credit for taxpayers with long-term care needs" }, { "text": "25C. Credit for taxpayers with long-term care needs \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $4,000 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. (b) Limitations and adjustments \n(1) In general \nThe amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (2) Threshold amount \nFor purposes of paragraph (1), the term threshold amount means— (A) $150,000 in the case of a joint return, and (B) $75,000 in any other case. (3) Indexing \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of— (A) such dollar amount, and (B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting August of 2003 for August of 1996 in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (4) Application with other credits \nThe credit allowed by 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 27 for the taxable year. (c) Definitions \nFor purposes of this section— (1) Applicable individual \n(A) In general \nThe term applicable individual means, with respect to any taxable year, any individual— (i) who has attained age 65, and (ii) who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act ) as being an individual with long-term care needs described in subparagraph (B) for a period— (I) which is at least 180 consecutive days, and (II) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39 1/2 month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. (B) Individuals with long-term care needs \nAn individual is described in this subparagraph if the individual is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity. (2) Eligible caregiver \n(A) In general \nA taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: (i) The taxpayer. (ii) The taxpayer’s spouse. (iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. (iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. (v) An individual who would be described in clause (iii) for the taxable year if— (I) the requirements of clause (iv) are met with respect to the individual, and (II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). (B) Residency test \nThe requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and— (i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer’s spouse, is a member of the taxpayer’s household for over half the taxable year, or (ii) in the case of any other individual, is a member of the taxpayer’s household for the entire taxable year. (C) Special rules where more than 1 eligible caregiver \n(i) In general \nIf more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. (ii) No agreement \nIf each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. (iii) Married individuals filing separately \nIn the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). (d) Identification requirement \nNo credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. (e) Taxable year must be full taxable year \nExcept in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. (f) Carryforward of unused credit \nIf the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(4) for the 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.", "id": "H0C7A4935C35E4A428950E4C47F74B144", "header": "Credit for taxpayers with long-term care needs" }, { "text": "4. Additional consumer protections for long-term care insurance \n(a) Additional protections applicable to long-term care insurance \nSubparagraphs (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986 (relating to requirements of model regulation and Act) are amended to read as follows: (A) In general \nThe requirements of this paragraph are met with respect to any contract if such contract meets— (i) Model regulation \nThe following requirements of the model regulation: (I) Section 6A (relating to guaranteed renewal or noncancellability), and the requirements of section 6B of the model Act relating to such section 6A. (II) Section 6B (relating to prohibitions on limitations and exclusions). (III) Section 6C (relating to extension of benefits). (IV) Section 6D (relating to continuation or conversion of coverage). (V) Section 6E (relating to discontinuance and replacement of policies). (VI) Section 7 (relating to unintentional lapse). (VII) Section 8 (relating to disclosure), other than section 8F thereof. (VIII) Section 11 (relating to prohibitions against post-claims underwriting). (IX) Section 12 (relating to minimum standards). (X) Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates). (XI) The provisions of section 26 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4). (ii) Model Act \nThe following requirements of the model Act: (I) Section 6C (relating to preexisting conditions). (II) Section 6D (relating to prior hospitalization). (III) The provisions of section 8 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4). (B) Definitions \nFor purposes of this paragraph— (i) Model provisions \nThe terms model regulation and model Act mean the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (as adopted as of October 2000). (ii) Coordination \nAny provision of the model regulation or model Act listed under clause (i) or (ii) of subparagraph (A) shall be treated as including any other provision of such regulation or Act necessary to implement the provision. (iii) Determination \nFor purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary.. (b) Excise tax \nParagraph (1) of section 4980C(c) of such Code (relating to requirements of model provisions) is amended to read as follows: (1) Requirements of model provisions \n(A) Model regulation \nThe following requirements of the model regulation must be met: (i) Section 9 (relating to required disclosure of rating practices to consumer). (ii) Section 14 (relating to application forms and replacement coverage). (iii) Section 15 (relating to reporting requirements), except that the issuer shall also report at least annually the number of claims denied during the reporting period for each class of business (expressed as a percentage of claims denied), other than claims denied for failure to meet the waiting period or because of any applicable preexisting condition. (iv) Section 22 (relating to filing requirements for advertising). (v) Section 23 (relating to standards for marketing), including inaccurate completion of medical histories, other than paragraphs (1), (6), and (9) of section 23C, except that— (I) in addition to such requirements, no person shall, in selling or offering to sell a qualified long-term care insurance contract, misrepresent a material fact; and (II) no such requirements shall include a requirement to inquire or identify whether a prospective applicant or enrollee for long-term care insurance has accident and sickness insurance. (vi) Section 24 (relating to suitability). (vii) Section 29 (relating to standard format outline of coverage). (viii) Section 30 (relating to requirement to deliver shopper’s guide). The requirements referred to in clause (vi) shall not include those portions of the personal worksheet described in Appendix B relating to consumer protection requirements not imposed by section 4980C or 7702B. (B) Model Act \nThe following requirements of the model Act must be met: (i) Section 6F (relating to right to return), except that such section shall also apply to denials of applications and any refund shall be made within 30 days of the return or denial. (ii) Section 6G (relating to outline of coverage). (iii) Section 6H (relating to requirements for certificates under group plans). (iv) Section 6J (relating to policy summary). (v) Section 6K (relating to monthly reports on accelerated death benefits). (vi) Section 7 (relating to incontestability period). (C) Definitions \nFor purposes of this paragraph, the terms model regulation and model Act have the meanings given such terms by section 7702B(g)(2)(B).. (c) Additional protections \n(1) In general \nParagraph (1) of section 7702B(g) of such Code (relating to consumer protection provisions) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting a comma, and by adding at the end the following new subparagraphs: (D) the inflation protection requirement of paragraph (5), (E) the lifetime deductible requirement of paragraph (6), (F) the interchangeability requirement of paragraph (7), and (G) the care management/care coordination requirement of paragraph (8). (2) Requirements \nSubsection (g) of section 7702B of such Code is amended by redesignating paragraph (5) as paragraph (9) and by inserting after paragraph (4) the following new paragraphs: (5) Inflation protection requirement \nThe requirement of this paragraph is met if the contract provides for benefit levels to rise at a rate which is meaningful to account for reasonably anticipated increases in the cost of long-term care services covered by the contract. (6) Lifetime deductible requirement \nThe requirement of this paragraph is met if the contract requires that no more than 1 deductible amount applies for all benefits provided during the entire lifetime of the covered individual. (7) Interchangeability requirement \nThe requirement of this paragraph is met if the policyholder has the sole discretion to designate how any maximum benefit amount under the contract is allocated among the benefits provided under the contract. (8) Care management/care coordination requirement \n(A) In general \nThe requirement of this paragraph is met if the contract requires that the covered individual is assigned a care manager/coordinator. (B) Care manager/coordinator \nFor purposes of subparagraph (A), the term care manager/coordinator means an individual who, either alone or as part of a team, is responsible for performing assessments and reassessments, developing plans of care, coordinating the provision of care, and monitoring the delivery of services. (d) Effective date \nThe amendments made by this section shall apply to policies issued more than 1 year after the date of the enactment of this Act.", "id": "HAADE700B854A48159DB4C7837E4FC2CA", "header": "Additional consumer protections for long-term care insurance" } ]

[ { "text": "1. Suspension of duty on Foron Blue S-BGL granules \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: 9902.35.06 Foron Blue S-BGL granules (anthraquinone dye) (CAS No. 31529-83-6) (provided for in subheading 3204.11.10 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": "HAAC59D28E0D241F28B70FBB27BEC2D00", "header": "Suspension of duty on Foron Blue S-BGL granules" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Literacy, Education, and Rehabilitation Act.", "id": "H24824A163F604F18A325A1C8829B6B86", "header": "Short title" }, { "text": "2. Credit for participation in educational, vocational, treatment, assigned work, or other developmental programs \n(a) In general \nSection 3624 of title 18, United States Code, is amended— (1) by redesignating subsections (c), (d), (e), and (f), as subsections (d), (e), (f), and (g); and (2) by inserting after subsection (b) the following new subsection: (c) Credit toward service of sentence for satisfactory participation in a designated program \n(1) In general \nSubject to paragraphs (2) and (3), a prisoner serving a term of imprisonment of more than 1 year, other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence, in addition to any credit received under subsection (b), beyond the time already served, of up to 60 days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of such term. Credit that has not been earned may not later be granted. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last 6 weeks of the sentence. (2) Satisfactory participation in designated program \nA prisoner shall be awarded credit under paragraph (1) if the Director of the Bureau of Prisons determines that the prisoner has earned, or is making satisfactory progress toward earning, a certificate of completion in a designated program, has satisfactorily participated in a designated program, or has taught or conducted a designated program. (3) Number of days of credit awarded \n(A) In general \nThe Director of the Bureau of Prisons shall determine and establish a policy setting forth the rate of the number of days of credit which a prisoner may be awarded under this subsection with respect to any designated program. (B) Specific considerations \nIn determining the number of days of credit a prisoner may be awarded with respect to a designated program, the Director of the Bureau of Prisons shall consider— (i) the level of difficulty of the program; (ii) the time required by the program; (iii) the level of responsibility expected of the prisoner with respect to the program; (iv) the rehabilitative benefits the program provides the prisoner; and (v) the benefits the program provides the Bureau of Prisons. (C) Availability to prisoners \nThe Director of the Bureau of Prisons shall make the policy applicable to credit awarded under this subsection available for each prisoner to review prior to that prisoner’s participation in any designated program. (4) Eligibility \nAny person sentenced to a term of imprisonment under custody of the Attorney General, whether sentenced or convicted prior to or after November 1, 1987, shall be eligible for the credits described in this subsection. (5) Designated program \nThe term designated program means a program which has been designated by the Director of the Bureau of Prisons as a program which benefits either prisoners or the Bureau of Prisons, including— (A) educational and vocational programs, such as courses and programs through which a prisoner may earn a high school diploma or an equivalent degree or certification through an accredited vocational training program, college, or university; (B) treatment programs, such as interventional rehabilitation programs, including mental health and drug abuse programs; and (C) assigned work and developmental programs.. (b) Prisoners transferred from foreign countries to the custody of the Attorney General \n(1) In general \nThe second sentence of section 4105(c)(1) of title 18, United States Code, is amended by inserting and for participation in designated programs under section 3624(c) after satisfactory behavior. (2) Conforming amendments \nSection 4105(c) of title 18, United States Code, is amended— (A) by striking at the rate provided in section 3624(b) each place it appears and inserting at the rates provided in sections 3624(b) and (c) ; and (B) in paragraph (3), by striking section 3624(b) and inserting sections 3624(b) and (c). (c) Conforming amendments \n(1) Title 18 \nSection 3603(6) of title 18, United States Code, is amended by striking 3624(c) and inserting 3624(d). (2) Title 28 \nSection 994(a)(2)(F) of title 28, United States Code, is amended by striking 3624(c) and inserting 3624(d).", "id": "HF5FB0C43180442FFA3C2A8F16BE3197", "header": "Credit for participation in educational, vocational, treatment, assigned work, or other developmental programs" }, { "text": "3. Amount of prison term that must be served under conditions that will prepare prisoner for release \nThe first sentence of section 3624(d) of title 18, United States Code, as redesignated by section 2(a)(1), is amended by striking 10 per centum and inserting portion.", "id": "H8EC77C05111C4BC9920017C98DF02D3E", "header": "Amount of prison term that must be served under conditions that will prepare prisoner for release" }, { "text": "4. Effective date \nThis Act and the amendments made by this Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.", "id": "H2F969BC70CC7403BA462ED825C0002A7", "header": "Effective date" } ]

[ { "text": "1. Extension of New Jersey Coastal Heritage Trail \nThe second sentence of section 2 of Public Law 100–515 (102 Stat. 2563; 16 U.S.C. 1244 note) is amended by inserting including sites in the Township of Woodbridge, New Jersey, after the words cultural sites.", "id": "H876C5AE0F81A4D5783C3F8FDE0684612", "header": "Extension of New Jersey Coastal Heritage Trail" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Cultural Conservation of the Crossroads of Civilization Act.", "id": "H32DE1FB50F844AF284F1DF1EFDE1C62", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Afghanistan has been at the crossroads of civilizations, a mosaic of ethnic and linguistic culture, and a major contributor to the world community for more than two millennia. (2) Afghanistan, flanked by Central, West, and South Asia, has seen waves of migrating peoples pass through what has been referred to as the roundabout of the ancient world. (3) Archaeologists have identified evidence of Stone Age technology and a 20,000-year-old sculpture head in Aq Kupruk. (4) The earliest settlers in Afghanistan, who migrated from northern territories approximately 50,000 years ago, lived as individual hunters in the caves of the northern Hindu Kush mountains. (5) Evidence has been uncovered at the foothills of the Hindu Kush Mountains and Darra-e Dadil (near Darra-e Suf), Hazara Sum (near Aibak), and Qara Kamar (near Khulm) indicating that North Afghanistan was home to the earliest domestic plants and animals. (6) The Khyber Pass, a 33-mile passage through the Hindu Kush mountain range and dating back to 326 B.C., connects the northern frontier of Pakistan with Afghanistan. (7) During the period from 336 to 323 B.C., Alexander the Great defeated Duriush III, the last Kakhamanesh ruler, took control of Afghanistan, and introduced new coins and artistic styles to the region. (8) Alexander the Great and his army marched through the Khyber Pass to reach the plains of India, Aryans passed through on their victorious advance of Persian and Greek armies, and Scythians, White Huns, Seljuks, Tartars, Mongols, Sassanians, Turks, Mughals, and Durranis made successive inroads into the territories beyond Peshawar Valley and Indus via the Khyber Pass. (9) Graeco-Buddhist Gandharan culture reached its height during Afghanistan’s Kushan Empire under King Kanishka. (10) During the Kushan Empire, Buddha was first given a human face, and the world’s largest Buddhas ranging from 120 to 175 feet tall were carved into the cliff at Bamiyan. (11) The Silk Road passed through Afghanistan, bringing Roman glass and Chinese ceramics. (12) In 962, the rise of the Ghaznavid Dynasty ushered in the Islamic era and gave Afghanistan a permanent political and cultural role in Islamic civilization. (13) In 1219, Changiz (Genghis) Khan invaded Bukhara to avenge the looting of his caravan. Changiz eventually defeated Khwarazn Shah and proceeded through Afghanistan in his conquest of Asia. (14) Most archaeological material excavated in Afghanistan during the 20th century was housed in the National Museum in Kabul or in regional museums. (15) Reports indicate that copies of ancient maps are being used by looters to track long lost villages in the eastern provinces of Nangarhar, Laghman, and Kunar. (16) The Archaeological Institute of America has published articles listing thousands of artifacts that are among the stolen or imperiled treasures of the National Museum in Kabul. (17) The nation of Afghanistan has endured a raping and pillage of its cultural property over the past two decades, leading Abdul Wasey Feroozi, director of the National Archaeological Institute in Kabul, to state, The catastrophe of war annihilated seventy years of our hard work and accomplishments. In the period from 1992 to 1994... over 70 percent of the Kabul National Museum was burned and damaged and 100 percent of the objects were stolen or vandalized. Illegal excavations and extensive clandestine digging started at most historical sites, and thousands of valuable objects were transported to other countries, notably through Pakistan, to the international markets.. (18) It should be recognized that the cultural heritage of Afghanistan is at extreme peril and this legislation is a result of a profound concern for the damage to Afghan antiquities, sites, monuments, and cultural institutions.", "id": "H94D638038DE742CC85770008C5FA9982", "header": "Findings" }, { "text": "3. Emergency implementation of import restrictions \n(a) Authority \nThe President may exercise the authority the President has under section 304 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2603 ) with respect to any archaeological or ethnological material of Afghanistan as if Afghanistan were a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) Definition \nIn this section, the term archaeological or ethnological material of Afghanistan means cultural property of Afghanistan and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed, after the date of the enactment of this Act, from the National Museum in Kabul or other locations, including archaeological sites, in Afghanistan.", "id": "HADA88E9570E14DBE878E80BD463511FE", "header": "Emergency implementation of import restrictions" }, { "text": "4. Termination of Authority \nThe authority of the President under section 3 shall terminate upon the earlier of— (1) the date that is 5 years after the date on which the President certifies to the Congress that normalization of relations between the United States and the Government of Afghanistan has been established; or (2) September 30, 2009.", "id": "H21175A31730C4C959FEDD55B0086DA97", "header": "Termination of Authority" } ]

[ { "text": "1. Short title \nThis Act may be cited as Active Duty Naturalization Accommodation Act of 2004.", "id": "H781BA28860CA4D7C93B7F24759B08000", "header": "Short title" }, { "text": "2. Flexibility in naturalization process for aliens in active duty status in the Armed Forces abroad \n(a) In general \nSection 332 of the Immigration and Nationality Act ( 8 U.S.C. 1443 ) is amended by adding at the end the following new subsection: (i) (1) In the case of an alien who has applied for naturalization under this chapter and who is stationed abroad (or who has received an order to be stationed abroad) in active duty status in the Armed Forces of the United States, the Secretary of Homeland Security shall provide procedures under which deadlines, interviews, and similar requirements otherwise applicable to the naturalization process for the alien are suspended until the alien is provided a period (of at least 30 days) after the date of the alien’s return to the United States after service in the Armed Forces abroad (or, in the case of rescission of such an order, the date of such rescission) in which to meet such deadlines and requirements, except as provided under paragraph (2). (2) An alien described in paragraph (1) may elect (in a form and manner specified by the Secretary of Homeland Security) to waive the application of such paragraph and to meet such deadlines and requirements notwithstanding the alien’s absence from the United States. (3) The Secretary of Homeland Security shall establish a form that an alien described in paragraph (1) may file with the Secretary (or with the Secretary of Defense under arrangements made between such Secretaries) in order to facilitate the application of paragraph (1) to the alien during the period in which such paragraph applies. However, nothing in this subsection shall be construed as requiring an alien to file such form as a condition of obtaining the benefit of paragraph (1). (4) The Secretary of Homeland Security shall provide information about this subsection to aliens applying for naturalization and, to the extent practicable, the Secretary of Defense shall inform aliens who are in active duty status in the Armed Forces of the United States abroad (or who have been ordered to perform such service abroad) of the procedures under paragraph (1) and shall make the form established under paragraph (3) available upon request.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on such date, not later than 30 days after the date of the enactment of this Act, as the Secretary of Homeland Security specifies. (c) Transition \nIn the case of an alien who, during the period beginning on September 11, 2001, and ending on the effective date specified under subsection (b), had applied for naturalization under chapter 3 of title III of the Immigration and Nationality Act, was stationed abroad (or received an order to be stationed abroad, which order was carried out) in active duty status in the Armed Forces of the United States, and, during the period of such service abroad (or after receiving such order) missed a deadline, interview, or similar requirement otherwise applicable to the naturalization process for such alien, the Secretary of Homeland Security shall provide for such relief as may be necessary to place the alien, after the end of such period, in a position that is no less favorable to the alien than the position of the alien before the time such deadline, interview, or similar requirement was missed. (d) Construction \nNothing in this section shall be construed as superseding the provisions of section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ).", "id": "HE5888606188B4EC6A959DC834FC1DC11", "header": "Flexibility in naturalization process for aliens in active duty status in the Armed Forces abroad" } ]

[ { "text": "1. National park service study regarding the Soldiers' Memorial Military Museum \n(a) Findings \nCongress finds as follows: (1) The Soldiers' Memorial is a tribute to all veterans located in the greater St. Louis area, including Southern Illinois. (2) The current annual budget for the memorial is $185,000 and is paid for exclusively by the City of St. Louis. (3) In 1923, the City of St. Louis voted to spend $6,000,000 to purchase a memorial plaza and building dedicated to citizens of St. Louis who lost their lives in World War I. (4) The purchase of the 7 block site exhausted the funds and no money remained to construct a monument. (5) In 1933, Mayor Bernard F. Dickmann appealed to citizens and the city government to raise $1,000,000 to construct a memorial building and general improvement of the plaza area and the construction of Soldiers' Memorial began on October 21, 1935. (6) On October 14, 1936, President Franklin D. Roosevelt officially dedicated the site. (7) On Memorial Day in 1938, Mayor Dickmann opened the building to the public. (b) Study \nThe Secretary of the Interior shall carry out a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum, located at 1315 Chestnut, St. Louis, Missouri, as a unit of the National Park System. (c) Study process and completion \nSection 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ) shall apply to the conduct and completion of the study required by this section. (d) Report \nThe Secretary shall submit a report describing the results the study required by this section to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.", "id": "H4D845248849D4C328C8ECAB91CF8D40", "header": "National park service study regarding the Soldiers' Memorial Military Museum" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Prescott Marine Mammal Stranding Program Amendments of 2004.", "id": "H0393A2022A304F86BA47A77B3C94D3E3", "header": "Short title" }, { "text": "2. Amendment references \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to such section or other provision of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ).", "id": "HA063C826E33A4D3DAAB5EF6F91686447", "header": "Amendment references" }, { "text": "3. Authorizations of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program \n(a) Grant program \nSection 408(h) ( 16 U.S.C. 1421f–1(h) ) is amended by striking fiscal years 2001 through 2003 and inserting fiscal years 2005 through 2009. (b) Marine mammal unusual mortality event fund \nSection 409(3) ( 16 U.S.C. 1421g(3) ) is amended by striking $500,000 for fiscal year 1993 and inserting $125,000 for each of fiscal years 2005 through 2009. (c) Administrative costs and expenses \nSection 408 ( 16 U.S.C. 1421f–1 ) is amended— (1) by adding at the end of subsection (a)(1) the following: All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph, except as provided in subsection (f). ; and (2) by amending subsection (f) to read as follows: (f) Administrative costs and expenses \nOf the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the grant program under subsection (a). Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided as grants under subsection (a).. (d) Contributions \nSection 408 ( 16 U.S.C. 1421f–1 ) is further amended by adding at the end the following: (i) Contributions \nFor purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests..", "id": "HE8FE6AF7BED3444EBA2BD3F6F90006E", "header": "Authorizations of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program" }, { "text": "4. Technical corrections \n(a) Committee references \nThe Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ) is amended by striking Committee on Merchant Marine and Fisheries each place it appears and inserting Committee on Resources. (b) Obsolete reference to section \nSection 118(c)(3)(A)(i) ( 16 U.S.C. 1387(c)(3)(A)(i) ) is amended by striking , except that and all that follows through is valid.", "id": "HAEC38681F6964501AA93D7EA84CF0436", "header": "Technical corrections" }, { "text": "5. Limited authority to export marine mammal products \n(a) In general \nSection 101(a)(6) ( 16 U.S.C. 1371(a)(6) ) is amended by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following: (B) A marine mammal product may be exported from the United States if the product— (i) is legally possessed, and exported by, a citizen of the United States for noncommercial purposes in conjunction with travel outside the United States and the product is imported into the United States by the same person upon the termination of travel; (ii) is legally possessed, and exported by, a person that is not a citizen of the United States for noncommercial purposes; (iii) is legally possessed and exported as part of a cultural exchange, by an Indian, Aleut, or Eskimo residing in Alaska; or (iv) is owned by a Native inhabitant of Russia, Canada, or Greenland and is exported for noncommercial purposes— (I) in conjunction with, and upon the completion of, travel within the United States; or (II) as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska.. (b) Conforming amendment \nSection 101(a)(6)(A)(i) ( 16 U.S.C. 1371(a)(6)(A)(i) ) is amended by inserting for noncommercial purposes after United States the first place it appears.", "id": "H4330F779E55044709D6017C2005D5213", "header": "Limited authority to export marine mammal products" }, { "text": "6. Take reduction plans \n(a) In general \nSection 118 ( 16 U.S.C. 1387 ) is amended as follows: (1) In subsection (a) by striking commercial each place it appears in paragraphs (1) and (5). (2) In subsection (c)(1) by striking so much as precedes subparagraph (B) and inserting the following: (c) Registration and authorization \n(1) The Secretary shall, within 90 days after the date of enactment of the Marine Mammal Protection Act Amendments of 2004— (A) publish in the Federal Register for public comment, for a period of not less than 90 days, any necessary changes to the Secretary’s list of fisheries published under section 114(b)(1) in the Federal Register on August 24, 1994 (along with an explanation of such changes and a statement describing the marine mammal stocks interacting with, and the approximate number of vessels or persons actively involved in, each such fishery), with respect to— (i) commercial and recreational fisheries that have frequent incidental mortality and serious injury of marine mammals; (ii) commercial and recreational fisheries that have occasional incidental mortality and serious injury of marine mammals; or (iii) commercial fisheries that have a remote likelihood of or no known incidental mortality or serious injury of marine mammals;. (3) In subsection (c)(1) in subparagraphs (B) and (C) by striking commercial. (4) In subsection (c)(2)(A) by striking commercial. (5) In subsection (c)(3)(A) in the matter preceding clause (i) by striking a commercial fishery and inserting that fishery. (6) In subsection (c)(3)(E) by inserting commercial after any. (7) In subsection (c)(5)(B) by striking commercial. (8) In subsection (d)(1) in the matter preceding subparagraph (A) by striking commercial fishing operations and inserting fishing operations in a fishery listed under subsection (c)(1)(A)(i) or (ii). (9) In subsection (d)(3) in the matter preceding subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (10) In subsection (d)(4) as follows: (A) In the matter preceding subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (B) In subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (C) In subparagraph (B) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (D) In subparagraph (C) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (11) In subsection (d)(5) by striking commercial fishing operations and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii). (12) In subsection (e) in the matter preceding paragraph (1)— (A) by striking commercial each place it appears; and (B) by striking this Act and inserting this section. (13) In subsection (f) by striking so much as precedes paragraph (2) and inserting the following: (f) Take reduction plans \n(1) The Secretary shall develop and implement a take reduction plan designed to assist in the recovery or prevent the depletion of each strategic stock which interacts with a fishery listed under subsection (c)(1)(A)(i) or (ii), unless the Secretary determines, after notice and opportunity for public comment, that the level of fishery related mortality and serious injury is having a negligible impact on that stock. The Secretary may develop and implement a take reduction plan for any other marine mammal stocks which interact with a fishery listed under subsection (c)(1)(A)(i) which the Secretary determines, after notice and opportunity for public comment, has a high level of mortality and serious injury across a number of such marine mammal stocks.. (14) In subsection (f)(2)— (A) by striking 6 months and inserting 9 months ; and (B) by striking commercial fishing operations each place it appears and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii). (15) In subsection (f)(3) by striking commercial. (16) In subsection (f)(4)(B) by striking commercial fishing operations and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii). (17) In subsection (f)(5)— (A) in subparagraph (A) by striking 6 months and inserting 9 months ; and (B) in subparagraphs (A) and (B) by striking commercial each place it appears. (18) In subsection (f)(6)(A)— (A) by striking (not later than 30 days) ; and (B) in clause (ii) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (19) In subsection (f)(6)(C) in the second sentence, by inserting before , and others the following: , where appropriate a representative of the office of General Counsel of the National Oceanic and Atmospheric Administration, a representative of the National Marine Fisheries Service having responsibilities related to fisheries science, a representative of the National Marine Fisheries Service having responsibilities related to law enforcement, and a representative of the appropriate National Marine Fisheries Service Regional Administrator. (20) In subsection (f)(7)— (A) in subparagraph (A)(i) by striking 6 months and inserting 9 months ; (B) in subparagraph (B)(i)— (i) by striking not later than 60 days and inserting not later than 120 days ; and (ii) by adding at the end the following: Before publishing any plan that is different than the draft plan proposed by a take reduction team, the Secretary shall reconvene the team and explain to the team the differences between the published plan and the draft plan proposed by the team. ; and (C) in subparagraph (B)(ii)— (i) by striking 6 months and inserting 9 months ; and (ii) by striking not later than 8 months and inserting not later than 11 months. (21) In subsection (f)(7)(C) by striking Not later than 60 days and inserting Not later than 90 days. (22) In subsection (f)(7)(D) by striking commercial. (23) In subsection (f)(8)— (A) in subparagraph (C) by striking Not later than 60 days and inserting Not later than 180 days ; and (B) by striking commercial each place it appears. (24) In subsection (f)(9) as follows: (A) In subparagraph (A) by striking commercial fisheries or restrict commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii) or restrict such fisheries. (B) In subparagraphs (B) and (C) by striking commercial each place it appears. (C) In subparagraph (D) by striking commercial fishing operations and inserting participation in a fishery listed under subsection (c)(1)(A)(i) or (ii). (25) In subsection (g)(1) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii). (26) In subsection (g)(3)(B) by striking commercial. (27) In subsection (g)(4) by striking commercial fishery and inserting fishery listed under subsection (c)(1)(A)(i) or (ii). (28) In subsection (j) by inserting including observer, research, and education and outreach programs, after For purposes of carrying out this section,. (29) By amending subsection (d)(1)(C) to read as follows: (C) identify current fishery regulations and changes in fishing methods or technology that may increase or decrease incidental mortality and serious injury.. (30) In subsection (f)(2) in the last sentence by inserting conservation benefits of before State or regional fishery management plans.. (31) By amending subsection (f)(4)(A) to read as follows: (A) a review of the information in the final stock assessment published under section 117(b), any substantial new information, a review of the conservation benefits from current State and regional fishery management regulations;. (b) Stock assessments \nSection 117(a)(4) is amended— (1) by striking and at the end of subparagraph (C); (2) by inserting and at the end of subparagraph (D); and (3) by adding at the end the following: (E) potential conservation benefits provided by State and regional fishery management regulations;. (c) Zero mortality rate goal amendments \nSection 118 ( 16 U.S.C. 1387 ) is amended in subsections (a)(1) and (b)(1) by striking within 7 years after the date of enactment of this section each place it appears. (d) Conforming amendment \nSection 101(a)(5)(E) ( 16 U.S.C. 1371(a)(5)(E) ) is amended by inserting or recreational after commercial each place it appears.", "id": "H4591289564D24F6EABFDA8F4DC0EC00", "header": "Take reduction plans" }, { "text": "7. Pinniped research \nSection 120 ( 16 U.S.C. 1389 ) is amended by adding at the end the following: (k) Research on nonlethal removal and control \n(1) The Secretary shall conduct research on the nonlethal removal and control of nuisance pinnipeds. The research shall include a review of measures that have been taken to effect such removal and control, the effectiveness of these measures, and the development of new technologies to deter nuisance pinnipeds. (2) The Secretary shall include, among the individuals that develop the research program under this subsection, representatives of the commercial and recreational fishing industries. (3) The Secretary is encouraged, where appropriate, to use independent marine mammal research institutions in developing and in conducting the research program. (4) The Secretary shall, by December 31 of each year, submit an annual report on the results of research under this subsection to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (l) Qualified nonlethal control projects \n(1) In general \nThe Secretary may, to the extent amounts are available to carry out this subsection, provide a grant to any eligible applicant to carry out a qualified nonlethal control project in accordance with this subsection. (2) Applications \nThe Secretary shall— (A) publish guidelines for and solicit applications for grants under this subsection not later than 6 months after the date of enactment of this subsection; and (B) receive, review, evaluate, and approve applications for grants under this subsection. (3) Eligible applicant \nTo be an eligible applicant for purposes of paragraph (1), an applicant must— (A) be a State, local government, or interstate or regional agency; and (B) have adequate personnel, funding, and authority to carry out and monitor or maintain a nonlethal control of nuisance pinnipeds project. (4) Qualified control project \nTo be a qualified control project under this subsection, a project must— (A) by humane and nonlethal means, remove, deter, and control nuisance pinnipeds in areas where they are a recurrent and persistent threat to public health and safety; and (B) encourage public notice, education, and outreach on project activities in the affected community. (5) Grant duration \nEach grant under this subsection shall be to provide funding for the Federal share of the cost of a project carried out with the grant for up to 2 fiscal years. (6) Reporting by grantee \n(A) In general \nA grantee carrying out a control project with a grant under this subsection shall report to the Secretary at the expiration of the grant. (B) Report contents \nEach report under this subsection shall include specific information on the methods and techniques used to control nuisance pinniped species in the project area, and on the ensuing results. (7) Cost sharing \n(A) Federal share \nExcept as provided in paragraphs (2) and (3), the Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 75 percent of such cost. (B) Application of in-kind contributions \nThe Secretary may apply to the non-Federal share of costs of a control project carried out with a grant under this subsection the fair market value of services or any other form of in-kind contribution to the project made by non-Federal interests that the Secretary determines to be an appropriate contribution equivalent to the monetary amount required for the non-Federal share of the activity. (C) Derivation of non-federal share \nThe non-Federal share of the cost of a control project carried out with a grant under this subsection may not be derived from a Federal grant program or other Federal funds. (8) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2005 through 2009. (9) Clarification \nNothing in this subsection shall be interpreted as suspending or waiving any requirement under any other provision of this Act..", "id": "H10F792F05F7D441D9FEEA124F7AF5E6", "header": "Pinniped research" }, { "text": "8. Marine Mammal Commission \n(a) Number of employees \nSection 206(5) ( 16 U.S.C. 1406(5) ) is amended by striking ; except that no fewer than 11 employees must be employed under paragraph (1) at any time. (b) Administration \nSection 206 ( 16 U.S.C. 1406 ) is amended— (1) in paragraph (4) by striking (but at rates for individuals not to exceed $100 per diem) ; and (2) in paragraph (5) by striking Financial and all that follows through the end of that sentence.", "id": "H41CE7EE39E044F28A81E2D6CBC6FC3EC", "header": "Marine Mammal Commission" }, { "text": "9. Scrimshaw exemption \nAny valid certificate of exemption referred to in section 18 of Public Law 103–238 ( 16 U.S.C. 1539 note) that was valid under that section on April 29, 1999, shall be valid during the 10-year period beginning October 31, 1999.", "id": "H193E58BCC6C143BBB933FBFC5E0573A1", "header": "Scrimshaw exemption" }, { "text": "10. Captive release prohibition \nSection 102(a) ( 16 U.S.C. 1372(a) ) is amended— (1) in paragraph (4) by striking subsection 104(c); and and inserting section 104(c); ; (2) in paragraph (5) by striking the period and inserting ; and ; and (3) by adding at the end the following: (6) for any person that is subject to the jurisdiction of the United States to release any captive marine mammal unless specifically authorized to do so under section 104(c)(3)(A), 104(c)(4)(A), or 109(h), except that this paragraph shall not apply to the temporary release of any marine mammal that is— (A) maintained in captivity under section 7524 of title 10, United States Code (including any progeny of a marine mammal maintained under that section); or (B) the progeny of a marine mammal excluded from coverage under this Act by section 102(e)..", "id": "HAA10BDCE18D94AEFA416BB51DAD27B7D", "header": "Captive release prohibition" }, { "text": "11. Tropical Treaty conforming amendment \nSubsection (c) of the Dolphin Protection Consumer Information Act ( 16 U.S.C. 1385 ) is amended in paragraph (2) by striking 160 degrees west longitude and inserting 150 degrees west longitude.", "id": "HC11A34102C964D68958E541142EA58EB", "header": "Tropical Treaty conforming amendment" }, { "text": "12. Permit clarifications \n(a) Clarifications \nSection 104 ( 16 U.S.C. 1374 ) is amended as follows: (1) Subsection (c)(7) is amended by inserting notwithstanding any other provision of law after requesting the permit. (2) Subsection (c)(9) is amended to read as follows: (9) (A) No marine mammal may be exported— (i) for the purpose of public display, unless the Secretary of Agriculture evaluates and verifies, and thereafter notifies the Secretary, that the receiving facility meets standards that are comparable to the requirements that a person must meet to receive a permit under this subsection for that purpose; or (ii) for the purpose of scientific research or enhancing the survival or recovery of a species or stock, unless the receiving facility meets standards that are comparable to the requirements that a person must meet to receive a permit under this subsection for that purpose. (B) The Secretary may not require or request, through comity or any other means, that any marine mammal or its progeny remain subject to the jurisdiction of the United States when located in waters or on lands that are subject to the jurisdiction of another country.. (3) Subsection (c)(10) is amended— (A) in the first sentence by inserting held within the lands and waters of the United States after marine mammals each place it appears; (B) by inserting after the first sentence the following: The Secretary shall update the inventory on an annual basis. ; and (C) in subparagraph (D) by inserting ownership, or other after date of. (b) Review and report regarding inventory \n(1) Review \nThe Secretaries of Commerce and the Interior shall, by not later than 12 months after date of the enactment of this Act, jointly conduct a review of the inventory maintained under section 104(c)(10) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(10) ), the use of the information in the inventory, and the costs, benefits, and issues associated with the development of an online inventory. (2) Consultation \nIn conducting the review, the Secretary shall consult and solicit input from persons who are required to provide information for the inventory. (3) Report \nThe Secretary shall submit a report to Committee on Resources of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate on the findings of the review under this subsection. The report shall include the following: (A) Recommendations on whether the inventory should be maintained by the Secretary or by another person under contract. (B) How the Secretary would oversee maintenance of the inventory carried out under contract. (C) How public access and access by Federal agencies to the inventory can be maintained if the inventory is maintained under contract. (D) How the Secretary can minimize duplication on the information the Secretary receives from public display facilities and reduce the paper work burden on those facilities. (E) An estimate of the cost of maintaining the inventory. (F) A description of how the Secretary will ensure the secure maintenance of the data in the inventory. (G) An analysis of the potential that online availability of the information in the inventory could adversely affect the safety of the animals.", "id": "H39034AEE6A7548918952F8ED416BBA5F", "header": "Permit clarifications" }, { "text": "13. Fisheries gear development \nSection 111 ( 16 U.S.C. 1381 ) is amended as follows: (1) Subsection (a) is amended to read as follows: (a) Research and development program \n(1) In general \nThe Secretary of Commerce (in this section referred to as the Secretary ) shall— (A) carry out a program of research and development for the purpose of devising improved fishing methods and gear so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection with fishing operations; and (B) make every practicable effort to develop, evaluate, and make available to owners and operators of fishing vessels such gear and fishing method improvements as quickly as possible. (2) Coordination with other countries \nThe Secretary may coordinate with other countries to foster gear technology transfer initiatives to reduce to the maximum extent practicable the incidental mortality and serious injury of marine mammals throughout the full extent of their range.. (2) By adding at the end the following: (e) Gear research mini-grant program \n(1) In general \nSubject to the availability of appropriations, the Secretary may establish a grant program to provide financial assistance for developing, manufacturing, testing, or designing new types of fishing gear designed to reduce to the maximum extent practicable the incidental taking (including incidental mortality and serious injury) of marine mammals. (2) Grant amount and purposes \nThe amount of a grant under this subsection may not exceed $20,000. (3) Grant applications \nTo receive a grant under this section, an applicant must submit an application in such form and manner as the Secretary may prescribe. (4) Consultation regarding criteria \nThe Secretary shall consult with the Secretary of the Interior and the Marine Mammal Commission regarding the development of criteria for the awarding of grants under this subsection. (5) Administrative costs \nOf amounts available each fiscal year to carry out this subsection, the Secretary may expend not more than $40,000 to pay the administrative expenses necessary to carry out this subsection. (6) Contributions \nFor purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests. (f) Authorization of Appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2005 through 2009..", "id": "H74ADBEA499B74C9095E4851F4EA2FC14", "header": "Fisheries gear development" }, { "text": "14. Marine mammal research grants \nSection 110 ( 16 U.S.C. 1380 ) is amended— (1) by amending subsection (a) to read as follows: (a) Authorization of assistance; annual report \n(1) Authorization of assistance \nThe Secretary may make grants, or provide financial assistance in such other form as the Secretary considers appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects that are relevant to the protection and conservation of marine mammals, and the ecosystems upon which they depend, including, but not limited to, the Bering/Chukchi Sea ecosystem and the California coastal marine ecosystem. (2) Inclusion of information in reports \nThe Secretary shall include a description of the annual results of research carried out with assistance under this section in the report required under section 103(f). (3) Contributions \nFor purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests. ; and (2) by striking subsections (c) and (d) and inserting the following: (c) Authorization of Appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2005 through 2009..", "id": "H2D956906191B4EE68572F0EFEDB2317F", "header": "Marine mammal research grants" }, { "text": "15. Fines and penalties \n(a) Fines and penalties, generally \nSection 105 ( 16 U.S.C. 1375 ) is amended— (1) in subsection (a)(1) by striking $10,000 and inserting $20,000 ; and (2) in subsection (b) by striking $20,000 and inserting $30,000. (b) Vessel penalty \nSection 106(b) ( 16 U.S.C. 1376(b) ) is amended by striking $25,000 and inserting $35,000.", "id": "HAED2856337EE41208388158B725387AC", "header": "Fines and penalties" }, { "text": "16. Cooperative agreements in Alaska \n(a) Definition of depletion and depleted \nSection 3(1)(A) ( 16 U.S.C. 1362(1)(A) ) is amended by striking of this Act, and inserting and, for any stock subject to a cooperative management agreement with a harvest management plan entered into under section 119, those Alaska Native organizations that are signatories to such an agreement,. (b) Exemption of takings for subsistence or authentic native articles \nSection 101(b) ( 16 U.S.C. 1371 ) is amended by striking section 109 and inserting sections 109 and 119(c) and (d). (c) Use of Alaska Native organizations for enforcement \nSection 107(a) ( 16 U.S.C. 1377(a) ) is amended by inserting , or of an Alaska Native organization for purposes of enforcing this title pursuant to a harvest management plan with the organization under section 119 after Federal agency. (d) Marine mammal comanagement agreements in Alaska \nSection 119 ( 16 U.S.C. 1388 ) is amended— (1) by striking subsections (a), (b), and (d); (2) by redesignating subsection (c) as subsection (j); and (3) by inserting before subsection (j) (as so redesignated) the following: (a) In general \nThe Secretary may enter into cooperative management agreements with Alaska Native organizations to conserve and manage any stock of marine mammals and provide comanagement of subsistence use by Alaska Natives. Such agreements may include a harvest management plan governing Alaska Native subsistence use for those stocks or species covered by the cooperative management agreement. (b) Management plan requirements \nA harvest management plan under this section with an Alaska Native organization shall— (1) apply only to Alaska Natives, as defined in section 101(b); (2) identify the signatories to the plan, and the stock or species and geographic area covered by the plan; (3) be based on biological information and traditional ecological knowledge; (4) provide for a sustainable harvest of each stock or species covered by the plan, and is designed to prevent populations of such stocks and species from becoming depleted; (5) have a clearly defined process and authority for enforcement and implementation of any management prescriptions under the plan; and (6) specify the duration of the plan and set forth procedures for periodic review and termination of the plan. (c) Implementing regulations and ordinances \n(1) In general \nAn Alaska Native organization may adopt regulations and ordinances that apply to Alaska Natives exclusively and that are consistent with, and necessary to implement and enforce, a harvest management plan entered into by the organization under this section. (2) Depleted stocks \nA regulation or ordinance adopted pursuant to this subsection for a depleted stock shall apply only to the extent the regulation or ordinance is consistent with regulations issued by the Secretary under sections 101(b) and 103 that apply to such stock. (d) Prohibition \nIt is unlawful for any Alaska Native within the geographic area to which a harvest management plan under this section applies, to take, transport, sell, or possess a marine mammal in violation of any regulation or ordinance adopted by an Alaska Native organization to implement and enforce a harvest management plan. (e) Grants \nAgreements entered into under this section may include a grant to Alaska Native organizations for, among other purposes— (1) collecting and analyzing data on marine mammal populations; (2) monitoring the harvest of marine mammals for subsistence and handicraft uses; (3) participating in marine mammal research conducted by the Federal Government, the State of Alaska, academic institutions, and private organizations; and (4) developing marine mammal comanagement structures with Federal and State agencies, and implementing, and enforcing any harvest management plan included in the agreement. (f) Opportunity for advance notice and comment regarding proposed regulations \nBefore proposing any regulation under section 101(b) relating to the taking of a stock of marine mammals that is the subject of a harvest management plan under this section, the Secretary shall— (1) solicit recommendations for such proposed regulation from each Alaska Native organization engaged in harvest management of the species or stock pursuant to this section; and (2) provide to each such organization— (A) each draft of the proposed regulation; (B) an analysis of how the proposed regulation would achieve the goal of being the least restrictive measures upon subsistence use of the stock and the conservation goals of the Act; and (C) an opportunity to comment on the proposed regulation prior to publication of any proposed regulations in the Federal Register. (g) Public notice \nThe Secretary shall publish each harvest management plan entered into under this section. (h) Authorization of appropriations \nThere are authorized to be appropriated for the purposes of carrying out this section— (1) to the Secretary of the Interior, $3,000,000 for each of fiscal years 2005 through 2009; and (2) to the Secretary of Commerce, $3,000,000 for each of fiscal years 2005 through 2009. (i) FACA exemption \nThe Federal Advisory Committee Act (5 App. U.S.C.) shall not apply with respect to the provision of any advice or recommendations to the Secretary by any Alaska Native organization (including any scientific review group associated with such an organization), or the obtaining of any advice or recommendations by the Secretary from such an organization, for the purpose of formulation or implementation of a cooperative management agreement under this section..", "id": "H688053738CD047EE945159E35BD68D41", "header": "Cooperative agreements in Alaska" }, { "text": "17. Annual report requirement \nSection 103 ( 16 U.S.C. 1373(f) ) is amended— (1) in subsection (f) in the first sentence, by inserting and notwithstanding Public Law 104–66 , after thereafter ; and (2) by adding at the end the following: (g) The head of each Federal agency that conducts and provides funds for research on marine mammals shall report annually to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on funding provided and research conducted regarding marine mammals during the preceding year..", "id": "HA2E39B53C97B4E9E81FB0796AC86D140", "header": "Annual report requirement" } ]

[ { "text": "1. Congressman Jack Fields Post Office \n(a) Redesignation \nThe facility of the United States Postal Service located at 4025 Feather Lakes Way in Kingwood, Texas, and known as the Kingwood Post Office, is hereby redesignated as the Congressman Jack Fields Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Congressman Jack Fields Post Office.", "id": "HDCC538EE8FBC4ECF9F59A747E89C7CE1", "header": "Congressman Jack Fields Post Office" } ]

[ { "text": "1. Repeal of alternative minimum tax treatment of incentive stock options \n(a) In general \nSubsection (b) of section 56 of the Internal Revenue Code of 1986 (relating to adjustments applicable to individuals) is amended by striking paragraph (3). (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to incentive stock options exercised in 2000 or thereafter regardless of when such options were granted. (c) Waiver of limitations \nIf refund or credit of any overpayment of tax resulting from the application of the amendment made by subsection (a) is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.", "id": "H1F0F6F662A494CCCB29343EA818F7817", "header": "Repeal of alternative minimum tax treatment of incentive stock options" } ]

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

[ { "text": "1. Francis C. Goodpaster Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 120 East Illinois Avenue in Vinita, Oklahoma, shall be known and designated as the Francis C. Goodpaster 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 Francis C. Goodpaster Post Office Building.", "id": "HDA313150264343D1AF2F1DD600A9D20", "header": "Francis C. Goodpaster Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Clinical Research Act of 2004.", "id": "H04370908E9B844B49BFA6C6B6C3D7288", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Strong academic health centers are essential to a vigorous clinical research enterprise. (2) Breakthroughs in basic biomedical sciences over the past 5 decades have provided an unprecedented supply of information for improving human health and preventing disease. (3) Translating the information gained through these basic discoveries into knowledge that will impact clinical practice and ultimately human health requires strong clinical research institutions. (4) Without a sound infrastructure to accomplish this translation in a systematic and coherent way, the sum of data and information produced by the basic science enterprise will not result in tangible public benefit. (5) The clinical research environment is increasingly encumbered by facility decay, incompatible databases, shortage of qualified investigators, rising costs, inadequate funding, and mounting unreimbursed regulatory burdens such as human subject research protections and additional record-keeping requirements under the Health Insurance Portability and Accountability Act of 1996.", "id": "H05AB2BEBCC8744F0B10841C76727AF", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) The term Director means the Director of the National Institutes of Health. (2) The term eligible academic health center means— (A) an academic institution that receives an annual average of not less than $20,000,000 in grant funds from the Department of Defense, the Department of Veterans Affairs, and the Department of Health and Human Services for basic, applied, or clinical biomedical or behavioral research in the fields of dentistry, medicine, and nursing; or (B) a consortium of such academic institutions. (3) The term Secretary means the Secretary of Health and Human Services.", "id": "HCDE00F867886444F97EC21CB2F6099A6", "header": "Definitions" }, { "text": "4. Clinical research support grants \n(a) Authorization \nFor the purposes described in subsection (b), the Director shall make a clinical research support grant in the amount determined under subsection (c) to each eligible academic health center that submits an application in accordance with this section. (b) Purpose \nA funding agreement for a grant under this section is that the eligible academic health center involved will use the grant only for the following purposes: (1) To defray the costs of unfunded Federal requirements for the protection of human research subjects, including the costs of complying with the Health Insurance Portability and Accountability Act of 1996 (Pub. Law 104–191) and maintaining institutional review boards. (2) To support activities leading to innovative ways to meet the requirements described in paragraph (1) in an efficient and cost effective manner. (c) Allocation \nOf the amount appropriated to carry out this section for a fiscal year, the Director shall allocate such appropriated amount among the eligible academic health centers receiving a grant under this section in an amount that bears the same relation to such appropriated amount as the investment in clinical research of the grantee involved bears to the total investment in clinical research of all grantees under this section. (d) Applications \nTo seek a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $40,000,000 for each of the fiscal years 2005 through 2009.", "id": "HFF637F24F96D453D8F3CB86E073080A2", "header": "Clinical research support grants" }, { "text": "5. Clinical research infrastructure grants \n(a) Authorization \nThe Director may make clinical research infrastructure grants on a competitive basis to eligible academic health centers. (b) Use of funds \nThe Director may not make a grant to an eligible academic health center under this section unless the center agrees to use the grant only for the following: (1) Infrastructure that is necessary to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention. (2) The initial testing of human subjects. (3) Addressing the many obstacles impeding the expeditious application of new science, such as— (A) a lack of up-to-date information technology systems; (B) incompatible databases; (C) the need for training and mentoring required for increasing the supply of qualified clinical investigators; and (D) a shortage of willing participants. (c) Applications \nTo seek a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (d) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $125,000,000 for each of fiscal years 2005 through 2009.", "id": "H0F8DE8216D294855985BCDEF19EB8810", "header": "Clinical research infrastructure grants" }, { "text": "6. Demonstration program on partnerships in clinical research \n(a) Grants \nThe Secretary may make grants to not more than 5 eligible academic health centers to form partnerships between the center involved and health care providers for carrying out clinical human subject research for the purpose of demonstrating how academic research centers may collaborate with the practicing health care community in such research. (b) Maximum amount \nThe Secretary may not make a grant to any eligible academic health center under this section in an amount that is greater than $5,000,000. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2005 through 2009.", "id": "HB6DCF0EBE9C644A7B8EF5F9570BF528", "header": "Demonstration program on partnerships in clinical research" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Commission to Establish the National Museum of the American Latino Act of 2004.", "id": "HDC647932554E4054A8BF3EB34D986094", "header": "Short title" }, { "text": "2. Findings \nCongress finds as follows: (1) American Latinos are an ethnically and racially diverse population. Still, whether known by the term Hispanic or Latino, or by the various national identities from which they obtain their ethnicity, American Latinos share a common heritage rooted in the mixture of the cultures of the indigenous peoples of the American continent, of the European colonizers from Spain, and of Africans who were brought to those colonies as slaves. (2) While the history of the United States formally dates from 1776, American civilization was already centuries old by then. Latinos were present on the continent for more than 200 years prior to the Declaration of Independence. Spanish colonists founded the first permanent settlement on future United States territory in St. Augustine, Florida in 1565. Indigenous nations that had thrived for centuries prior to the landing of Columbus would later mix with colonists of various ethnicities from Spain to create a third culture, one that continues to thrive in various forms throughout the Americas today. (3) Since before our Nation’s founding, Latinos have come to this land searching for opportunity, prosperity, and chance. In this regard, not much has changed in over 3 centuries. Through every era of our Nation’s history, whether in the fields of plenty or on the field of battle, a Latino presence was felt. Since before the early colonization of the west, Latinos have labored under the harsh sun to put food on America’s tables. From the earliest days of American industry, Latinos have worked in our factories. Through every war and conflict, Latinos have served honorably and proudly next to their fellow Americans to defend the ideals of freedom, democracy, and liberty worldwide, earning countless awards for valor and sacrifice. (4) The history, art, politics, economy, and culture of the United States have been enriched since the Nation’s founding by the influence of American Latinos and their traditions and innovations. Both native and foreign-born Latinos in the United States continue to make significant contributions to the arts and humanities, academia, and the popular culture that have benefited all Americans. (5) According to the Bureau of the Census, the population of American Latinos recently grew to become the largest demographic minority group in the country. As of July 2002, there were an estimated 38.8 million Latinos in the United States. One out of every three of these is under the age of 18, and four out of every 10 is under the age of 25. The youthfulness and rapid growth of this population ensure that American Latinos will have a substantial role in American life ranging from public policy to popular entertainment. Greater understanding of this role will benefit all of American society. (6) The American Latino population historically has been concentrated in certain regions of the United States. In the last several decades, however, there has been more dispersed growth of the community throughout the entire country. In the southern states other than Texas, most have seen the population of Latinos, primarily immigrants, double between the years 1990 and 2000, adding to the mixture of cultures already there as these individuals adapt to Southern life. (7) Despite the history and demography as well as the ongoing contributions that American Latinos make to the cultural life of the United States, there remains a great gap in the level and quality of awareness that other Americans possess about the rich and diverse character of Latino culture and history. Sometimes the lack of awareness manifests itself in the development of stereotypes or misconceptions about Latinos. Greater effort is needed at a national level to educate other Americans about Latinos, and to celebrate and disseminate information about Latino arts and history. Americans of all backgrounds benefit from greater understanding of the diversity that exists in the United States. (8) The Smithsonian Institution is the world’s largest museum and research complex, with 16 museums in the District of Columbia and New York City. The Smithsonian Institution museums, especially those on the National Mall, play a unique and important role in educating visitors to the Nation’s capital about our history, arts, and culture. The American people and international visitors recognize the Smithsonian Institution as the premier American museum, representing the vast diversity of cultural history of the United States. (9) After extensive dialogue, conferences, and collaboration among educators, scholars, and community leaders, as well as museums, universities, cultural, and public institutions, a task force appointed to examine the Smithsonian Institution’s representation of American Latinos in its permanent exhibits and other public programs published Willful Neglect: The Smithsonian Institution and U.S. Latinos (May 1994) and Toward a Shared Vision: U.S. Latinos and the Smithsonian Institution (October 1997). The reports indicate that the Smithsonian historically had a poor record of representing Latinos. This criticism led to the creation of the Smithsonian’s Center for Latino Initiatives in 1998. (10) The Center for Latino Initiatives has increased the profile of Latino arts and culture and should be commended for promoting diversity and understanding of American Latino culture by the Smithsonian’s patrons. The Center’s short history has shown that American Latino exhibits and programs are well received by the public and by the Latino community, which benefits from having some representation at the Smithsonian. Still, the level of representation at the Smithsonian of the Latino community is far from where it should be given American Latino history, demography, and contributions to the American cultural landscape. (11) For these reasons, it is necessary to establish a commission to draft a plan of action for creating a National Museum of the American Latino within the Smithsonian Institution, on or near the National Mall in Washington, D.C.", "id": "H1F93463547B543C1AC685B95D9272E3B", "header": "Findings" }, { "text": "3. Establishment of Commission \n(a) In general \nThere is established the Commission to Establish the National Museum of the American Latino (hereafter in this Act referred to as the Commission ). (b) Membership \nThe Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications \nMembers of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either— (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with— (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history.", "id": "H0CC13FDC38FB406789EB67CDF1FFB21", "header": "Establishment of Commission" }, { "text": "4. Functions of the Commission \n(a) Plan of action for establishment and maintenance of Museum \nThe Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance within the Smithsonian Institution of the National Museum of the American Latino in Washington, D.C. (hereafter in this Act referred to as the Museum ). (b) Fundraising plan \nThe Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on issues \nThe Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C., to be considered in consultation with the National Capital Planning Commission. (4) The governance and organizational structure from which the Museum should operate. (5) How to engage the American Latino community in the development and design of the Museum. (d) Legislation to carry out plan of action \nBased on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum. (e) National conference \nIn carrying out its functions under this section, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act.", "id": "HD6D59AE50D8A47E2807CBF9E5B0091BF", "header": "Functions of the Commission" }, { "text": "5. Administrative provisions \n(a) Administrative Support Services Provided by Secretary of the Interior \nThe Secretary of the Interior shall provide the Commission with the administrative support services and facilities necessary for the Commission to carry out its responsibilities under this Act. (b) No Compensation for Members \nMembers of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, and shall be reimbursed for other expenses incurred in carrying out their duties under this Act. (c) Director and Staff \nWithout regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, the Commission may appoint and fix the pay of a Director and such other personnel as the Commission considers appropriate.", "id": "H72274B8D319F4BE9855C8B5EEA4EFDAE", "header": "Administrative provisions" }, { "text": "6. Deadline for submission of reports; termination \n(a) Deadline \nThe Commission shall submit final versions of the reports and plans required under section 4 not later than 18 months after the date of the enactment of this Act. (b) Termination \nThe Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a).", "id": "H7F9EF19F10724224808777F2183229D", "header": "Deadline for submission of reports; termination" }, { "text": "7. Authorization of appropriations \nThere are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2005 and $1,100,000 for fiscal year 2006.", "id": "H88E63CF17BE444228F526FE824397638", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Mammography Quality Standards Reauthorization Act of 2004.", "id": "HE921B95FC7974136A01BF2E68100C300", "header": "Short title" }, { "text": "2. Temporary renewal and limited provisional certificate \nSection 354 of the Public Health Service Act (42 U.S.C. 263b) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting or a temporary renewal certificate after certificate ; and (ii) in clause (i), by striking subsection (c)(1) and inserting paragraphs (1) or (2) of subsection (c) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting or a limited provisional certificate after certificate ; and (ii) in clause (i), by striking subsection (c)(2) and inserting paragraphs (3) and (4) of subsection (c) ; and (C) in the flush matter at the end, by striking provisional certificate and inserting temporary renewal certificate, provisional certificate, or a limited provisional certificate ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: (2) Temporary renewal certificate \nThe Secretary may issue a temporary renewal certificate, for a period of not to exceed 45 days, to a facility seeking reaccreditation if the accreditation body has issued an accreditation extension, for a period of not to exceed 45 days, for any of the following: (A) The facility has submitted the required materials to the accreditation body within the established time frames for the submission of such materials but the accreditation body is unable to complete the reaccreditation process before the certification expires. (B) The facility has acquired additional or replacement equipment, or has had significant personnel changes or other unforeseen situations that have caused the facility to be unable to meet reaccreditation timeframes, but in the opinion of the accreditation body have not compromised the quality of mammography. (3) Limited provisional certificate \nThe Secretary may, upon the request of an accreditation body, issue a limited provisional certificate to an entity to enable the entity to conduct examinations for educational purposes while an onsite visit from an accreditation body is in progress. Such certificate shall be valid only during the time the site visit team from the accreditation body is physically in the facility, and in no case shall be valid for longer than 72 hours. The issuance of a certificate under this paragraph, shall not preclude the entity from qualifying for a provisional certificate under paragraph (4)..", "id": "HD384534FB3334F31B0CB6004DFC94CC", "header": "Temporary renewal and limited provisional certificate" }, { "text": "3. Authorization of appropriations \nSubparagraphs (A) and (B) of section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A) and (B)) are amended by striking 2002 each place it appears and inserting 2007.", "id": "H7E2325D609144719A30049351E21FEAB", "header": "Authorization of appropriations" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in New York \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in New York \nNo part of the MSA is in New York..", "id": "HBF2299534AE64BBFA05F000406CB25A", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in New York" } ]

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

[ { "text": "1. Short Title \nThis Act may be cited as the Counter-Terrorist and Narco-Terrorist Rewards Program Act.", "id": "HAD33E40D5BF14ED0BAC3007900046662", "header": "Short Title" }, { "text": "2. Department of State Counter-Terrorist and Narco-Terrorist Rewards Program \n(a) Program name \nSection 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 ) is amended— (1) in the section heading by inserting Counter-Terrorist and Narco-Terrorist after State ; and (2) in subsection (a)(1) by adding at the end the following new sentence: The program shall be known as the Department of State Terrorist and Narco-Terrorist Rewards Program.. (b) Disruption of terrorist financing network \nSubsection (b) of such section is amended— (1) in paragraph (5) by striking or at the end; (2) in paragraph (6) by striking the period and inserting ; or ; and (3) by adding at the end the following new paragraph: (7) the disruption of financial mechanisms of a terrorist organization, including the use by the organization of illicit narcotics production or international narcotics trafficking— (A) to finance acts of international terrorism; or (B) to sustain or support any terrorist organization.. (c) Maximum amount of reward \nSubsection (e)(1) of such section is amended— (1) by striking $5,000,000 and inserting $25,000,000 ; (2) by striking the second period at the end; and (3) by adding at the end the following new sentence: The Secretary may authorize a reward of up to $50,000,000 for the capture or information leading to the capture of Usama bin Laden.. (d) Forms of reward payment \nSubsection (e) of such section is amended by adding at the end the following new paragraph: (6) Forms of payment \nThe Secretary may make a reward under this section in the form of money, a nonmonetary item (including such items as automotive vehicles), or a combination thereof.. (e) Media surveys and advertisements \nSuch section is amended— (1) by redesignating subsections (i) and (j) as (k) and (l), respectively; and (2) by inserting after subsection (h) the following new subsection: (i) Media surveys and advertisements authorized \n(1) Surveys conducted \nFor the purpose of more effectively disseminating information about the rewards program, the Secretary may use the resources of the rewards program to conduct media surveys, including analyses of media markets, means of communication, and levels of literacy, in countries determined by the Secretary to be associated with acts of international terrorism. (2) Creation and purchase of advertisements \nAfter the surveys authorized under paragraph (1) have been conducted and in accordance with their findings, the Secretary may use the resources of the rewards program to create advertisements to disseminate information about the rewards program among populations in countries identified under paragraph (1). The Secretary may purchase radio or television time, newspaper space, or make use of any other means of advertisement, as appropriate. (3) Advertisement for capture of Usama bin Laden \nNot later than 90 days after the date of the enactment of the Counter-Terrorist and Narco-Terrorist Rewards Program Act, the Secretary shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report documenting a plan to increase advertising to maximize awareness of the reward available for the capture or information leading to the capture of Usama bin Laden..", "id": "H93D81D458CAE4E1D8F34AF8662C3CA50", "header": "Department of State Counter-Terrorist and Narco-Terrorist Rewards Program" } ]

[ { "text": "1. Requirement for Border Patrol uniforms \nNotwithstanding any other provision of law, all uniforms procured for the use of Border Patrol agents shall be manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States.", "id": "H68CC7AB8F49F4CD38200C7A8DECDE700", "header": "Requirement for Border Patrol uniforms" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Employees Dental and Vision Benefits Enhancement Act of 2004.", "id": "HFBA10B36A00F47FB8400E294542C00C7", "header": "Short title" }, { "text": "2. Enhanced dental benefits \nSubpart G of part III of title 5, United States Code, is amended by inserting after chapter 89 the following: 89A Enhanced dental benefits \nSec 8921. Definitions 8922. Availability of dental benefits 8923. Contracting authority 8924. Benefits 8925. Information to individuals eligible to enroll 8926. Election of coverage 8927. Coverage of restored survivor or disability annuitants 8928. Premiums 8929. Preemption 8930. Studies, reports, and audits 8931. Jurisdiction of courts 8932. Administrative functions 8921. Definitions \nIn this chapter: (1) The term employee means an employee, as defined by section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings given such terms by section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs, and, if required, is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia. 8922. Availability of dental benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain dental coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of dental benefits provided by health benefits plans under chapter 89. 8923. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8924, without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing dental supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically. 8924. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced dental benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced dental benefits plans under this chapter may be of the following types: (1) Diagnostic. (2) Preventive. (3) Emergency care. (4) Restorative. (5) Oral and maxillofacial surgery. (6) Endodontics. (7) Periodontics. (8) Prosthodontics. (9) Orthodontics. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include underserved areas (with respect to dental services) in their service delivery areas. (e) If an individual has dental coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments. 8925. Information to individuals eligible to enroll \n(a) The qualified companies, at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a dental benefits plan information on services and benefits (including maximums, limitations, and exclusions) that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a dental benefits plan, information on services and benefits provided by qualified companies participating under chapter 89. 8926. Election of coverage \n(a) An eligible individual may enroll in a dental benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a dental benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another dental benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan. 8927. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and later restored may continue enrollment in a dental benefits plan, subject to the terms and conditions prescribed in regulations issued by the Office. 8928. Premiums \n(a) Each eligible individual obtaining supplemental dental coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; and (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employees Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed. 8929. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to dental benefits, insurance, plans, or contracts. 8930. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company— (1) to furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) to permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Government agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the dental benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program. 8931. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8923(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. 8932. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter..", "id": "H87780EFE26604655BA3F4505E7E7E3B9", "header": "Enhanced dental benefits" }, { "text": "8921. Definitions \nIn this chapter: (1) The term employee means an employee, as defined by section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings given such terms by section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs, and, if required, is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia.", "id": "H301A1201AAC649899D77E9249DE79E00", "header": "Definitions" }, { "text": "8922. Availability of dental benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain dental coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of dental benefits provided by health benefits plans under chapter 89.", "id": "HF044066EBC404CC69413DF14D7234C9", "header": "Availability of dental benefits" }, { "text": "8923. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8924, without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing dental supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.", "id": "H198A9EB2A5064999A84ED8FCCCF428", "header": "Contracting authority" }, { "text": "8924. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced dental benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced dental benefits plans under this chapter may be of the following types: (1) Diagnostic. (2) Preventive. (3) Emergency care. (4) Restorative. (5) Oral and maxillofacial surgery. (6) Endodontics. (7) Periodontics. (8) Prosthodontics. (9) Orthodontics. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include underserved areas (with respect to dental services) in their service delivery areas. (e) If an individual has dental coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments.", "id": "H4CC7158F313D4D71A88B2BAC8E2258F8", "header": "Benefits" }, { "text": "8925. Information to individuals eligible to enroll \n(a) The qualified companies, at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a dental benefits plan information on services and benefits (including maximums, limitations, and exclusions) that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a dental benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.", "id": "HA7F5E9BA5485447C92AAA4500CBC6C6", "header": "Information to individuals eligible to enroll" }, { "text": "8926. Election of coverage \n(a) An eligible individual may enroll in a dental benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a dental benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another dental benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.", "id": "H9E30EEDFD2354785804D14C3E132C314", "header": "Election of coverage" }, { "text": "8927. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and later restored may continue enrollment in a dental benefits plan, subject to the terms and conditions prescribed in regulations issued by the Office.", "id": "HA90E4A04AF9F4F9AACE88E33F8D8B802", "header": "Coverage of restored survivor or disability annuitants" }, { "text": "8928. Premiums \n(a) Each eligible individual obtaining supplemental dental coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; and (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employees Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.", "id": "H5FFCF9A0A67649E1B999D71DD1F7ECF3", "header": "Premiums" }, { "text": "8929. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to dental benefits, insurance, plans, or contracts.", "id": "H62FE2997179D4B358B928BFB5063674E", "header": "Preemption" }, { "text": "8930. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company— (1) to furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) to permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Government agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the dental benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.", "id": "H48DA602CA9704030A0DAF43F800446A5", "header": "Studies, reports, and audits" }, { "text": "8931. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8923(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.", "id": "H9316138414D148AB837F12B6805CFE9", "header": "Jurisdiction of courts" }, { "text": "8932. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.", "id": "H8B245951205543CE84E23325316701A8", "header": "Administrative functions" }, { "text": "3. Enhanced vision benefits \nSubpart G of part III of title 5, United States Code, is amended by inserting after chapter 89A (as added by section 2) the following: 89B Enhanced vision benefits \nSec 8941. Definitions 8942. Availability of vision benefits 8943. Contracting authority 8944. Benefits 8945. Information to individuals eligible to enroll 8946. Election of coverage 8947. Coverage of restored survivor or disability annuitants 8948. Premiums 8949. Preemption 8950. Studies, reports, and audits 8951. Jurisdiction of courts 8952. Administrative functions 8941. Definitions \nIn this chapter: (1) The term employee means an employee, as defined by section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings given such terms by section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs, and, if required, is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia. 8942. Availability of vision benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of vision benefits provided by health benefits plans under chapter 89. 8943. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8944, without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing vision supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically. 8944. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced vision benefits plans under this chapter may be of the following types: (1) Diagnostic (to include refractive services). (2) Preventive. (3) Eyewear. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include underserved areas (with respect to vision services) in their service delivery areas. (e) If an individual has vision coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments. 8945. Information to individuals eligible to enroll \n(a) The qualified companies, at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions) that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under chapter 89. 8946. Election of coverage \n(a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a vision benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another vision benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan. 8947. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and later restored may continue enrollment in a vision benefits plan, subject to the terms and conditions prescribed in regulations issued by the Office. 8948. Premiums \n(a) Each eligible individual obtaining supplemental vision coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; and (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employees Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed. 8949. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to vision benefits, insurance, plans, or contracts. 8950. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company— (1) to furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) to permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Government agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program. 8951. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8943(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. 8952. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter..", "id": "HEAED53797E854324A4D227ED00406E8C", "header": "Enhanced vision benefits" }, { "text": "8941. Definitions \nIn this chapter: (1) The term employee means an employee, as defined by section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings given such terms by section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs, and, if required, is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia.", "id": "H68824C6F5F6B42D49BB1F17F5E00BF91", "header": "Definitions" }, { "text": "8942. Availability of vision benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of vision benefits provided by health benefits plans under chapter 89.", "id": "H8507BA4D46DB4422B632BE5D9D2D9CF", "header": "Availability of vision benefits" }, { "text": "8943. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8944, without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing vision supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.", "id": "HBA41EC7988884065946DE9936F528FCA", "header": "Contracting authority" }, { "text": "8944. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced vision benefits plans under this chapter may be of the following types: (1) Diagnostic (to include refractive services). (2) Preventive. (3) Eyewear. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include underserved areas (with respect to vision services) in their service delivery areas. (e) If an individual has vision coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments.", "id": "HE749EE43B0704C9697F32E3170CCE13", "header": "Benefits" }, { "text": "8945. Information to individuals eligible to enroll \n(a) The qualified companies, at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions) that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.", "id": "HD55DF0D5BE0D48739800A835AF264B22", "header": "Information to individuals eligible to enroll" }, { "text": "8946. Election of coverage \n(a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a vision benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another vision benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.", "id": "HC5E8385E0261487AB8004D36813EB500", "header": "Election of coverage" }, { "text": "8947. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and later restored may continue enrollment in a vision benefits plan, subject to the terms and conditions prescribed in regulations issued by the Office.", "id": "H433AC7E4DE594698A5ED364BD83EF174", "header": "Coverage of restored survivor or disability annuitants" }, { "text": "8948. Premiums \n(a) Each eligible individual obtaining supplemental vision coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; and (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employees Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.", "id": "HC7B122D36A014262BCA84830E71FE145", "header": "Premiums" }, { "text": "8949. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to vision benefits, insurance, plans, or contracts.", "id": "HF34E6197237E45F6B431F7C556DB1B8D", "header": "Preemption" }, { "text": "8950. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company— (1) to furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) to permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Government agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.", "id": "HCC5900B62C554A7ABBE0B460E21F94DB", "header": "Studies, reports, and audits" }, { "text": "8951. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8943(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.", "id": "H77C15814647C450682D0B5FAEF7FAE66", "header": "Jurisdiction of courts" }, { "text": "8952. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.", "id": "HE129C5711D1A44D4A60224B2D1049F2C", "header": "Administrative functions" }, { "text": "4. Technical and conforming amendment \nThe table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 89 the following: 89A. Enhanced Dental Benefits 8921 89B. Enhanced Vision Benefits 8941.", "id": "H1B6C1097DC3C4C3B93000540F591807E", "header": "Technical and conforming amendment" }, { "text": "5. Application to postal service employees \nSection 1005(f) of title 39, United States Code, is amended in the second sentence by striking chapters 87 and 89 and inserting chapters 87, 89, 89A, and 89B.", "id": "H2289111F60B84AA1A03EEA7C0DAFB79", "header": "Application to postal service employees" }, { "text": "6. Sense of Congress \n(a) Findings \nCongress finds that— (1) oral and vision health and general health and well-being are inseparable, and access to dental and vision services is an essential factor in maintaining good health; (2) Federal employees and their families deserve and desire additional coverage options and place value on maintaining good oral and vision health; and (3) it is in the interest of the Federal Government to remain competitive in attracting and retaining highly skilled employees and taking reasonable steps to ensure the health and well-being of its employees. (b) Sense of Congress \nIt is the sense of Congress that health insurance benefits available to Federal employees should be sufficient to promote the health and productivity of all Federal workers and to support the recruitment and retention of a highly qualified workforce. To help achieve these goals, Congress should evaluate the supplemental plans established under the this Act to determine the options for and feasibility of providing an employer contribution.", "id": "H7D713D79A75A4C8887F1F900F753C8C", "header": "Sense of Congress" }, { "text": "7. Requirement to study health benefits coverage for dependent children who are full-time students \nNot later than 6 months after the date of enactment of this Act, the Office of Personnel Management shall submit to Congress a report describing and evaluating options whereby benefits under chapter 89 of title 5, United States Code, could be made available to an unmarried dependent child under 25 years of age who is enrolled as a full-time student at an institution of higher education, as defined under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "HB7ED20C9798047C09030E496DDC32E00", "header": "Requirement to study health benefits coverage for dependent children who are full-time students" }, { "text": "8. Hearing benefits reporting requirement \n(a) In general \nNot later than 6 months after the date of enactment of this Act, the Office of Personnel Management shall submit to Congress a report describing and evaluating options whereby additional hearing benefits could be made available to— (1) Federal employees and annuitants; (2) qualified relatives of Federal employees and annuitants; and (3) other appropriate classes of individuals. (b) Required content \nThe report shall include— (1) a description of the hearing benefits currently available under the Federal employees health benefits program; (2) a description of any hearing plans currently offered by carriers participating in the Federal employees health benefits program; (3) a description of specific hearing benefits that could be offered in addition to those described in paragraphs (1) and (2), including any maximums, limitations, exclusions, and definitions that might be relevant; (4) a description of the specific classes of individuals (as referred to generally in paragraphs (1) through (3) of subsection (a)) to whom those additional benefits should be made available, including any definitions and other terms or conditions that might be relevant; (5) a description and assessment of the various contracting arrangements by which the Government could make those additional benefits available, including whether such benefits should be contracted for on a regional or national basis; (6) the estimated cost of those additional benefits, including an analysis relating to whether any regular Government contributions or allocation for start-up costs might be necessary or appropriate; (7) a description of how those additional benefits could be made available through— (A) the Federal employees health benefits program; (B) one or more plans outside the Federal employees health benefits program, including supplemental plans referred to in paragraph (2); (C) the program described in subparagraph (A) in combination with one or more of the plans described in subparagraph (B); and (D) any other hearing coverage delivery method; (8) an analysis of the advantages and disadvantages associated with the alternatives described under paragraph (7), including— (A) the relative cost effectiveness and efficiency of each; (B) the likely impact of each alternative on the overall attractiveness of the Federal employees health benefits program to individuals eligible to enroll, particularly Federal employees and annuitants; and (C) the extent to which each alternative might affect the relative competitiveness of the various carriers and plans currently participating in the Federal employees health benefits program (including as a provider of supplemental benefits); (9) a recommendation from the Office as to its preferred method or methods for providing those additional benefits; and (10) any proposed legislation or other measures the Office considers necessary in order to implement any of the foregoing.", "id": "H8D08B297588E429AB9C708482D161992", "header": "Hearing benefits reporting requirement" }, { "text": "9. Effective date \nThe amendments made by this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect in any year beginning after December 31, 2005.", "id": "HEFB2D4A4630B46EAB68D89CDA564E1D6", "header": "Effective date" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the President Ronald Reagan $20 Bill Act.", "id": "H1891FDCFBD9B4B5B9713D175518F70A", "header": "Short Title" }, { "text": "2. Likeness of President Reagan Required to be Included on the Face of $20 Federal Reserve Notes \nThe 8th undesignated paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 418) is amended by adding at the end the following new sentence: The face of $20 Federal reserve notes printed after December 31, 2004, shall bear the likeness of President Ronald Wilson Reagan.", "id": "H4D7F0DCCE2F247E3A532F053FF9090A6", "header": "Likeness of President Reagan Required to be Included on the Face of $20 Federal Reserve Notes" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Indian Veterans Pay Restoration Act of 2004.", "id": "H865E0D6F245D4945A8E2CA6000CAA032", "header": "Short title" }, { "text": "2. Remittance to certain Indian veterans of amounts withheld from military basic pay for State income tax purposes \n(a) Payment \nThe Secretary concerned shall pay to each person who is a qualifying Indian veteran an amount equal to the amount of basic pay of that person withheld as State income tax as determined under subsection (c). The Secretary shall ensure that such payments are made as expeditiously as possible, subject to subsection (f). (b) Qualifying Indian veterans \nFor purposes of this section, a qualifying Indian veteran is a person who— (1) is a member of a federally recognized Indian tribe; (2) is or was a member of the uniformed services; and (3) while performing active service in the uniformed services, incurred State income tax withholding from basic pay for a period during which the legal domicile of that Indian was in Indian country. (c) Determination of amount to be paid \nThe amount to be paid to any person under this section is the total amount of State income tax withholding from basic pay incurred by that person for periods during which the legal domicile of that person was in Indian country, reduced by any amount of such withholding previously recovered by that person from the State with respect to which such withholding was made. Interest on any such withholding during any calendar year shall be allowed and paid (using the overpayment rate determined under section 6621 of the Internal Revenue Code of 1986 and compounded daily) from January 1 of the following calendar year to a date to be determined by the Secretary concerned. Such date may precede the date of the refund check by not more than 30 days, whether or not such refund check is accepted by the taxpayer after tender of such check to the taxpayer. The acceptance of such check shall be without prejudice to any right of the taxpayer to claim any additional payment and interest thereon. (d) Survivors \nIn the case of a qualifying Indian veteran who is deceased, the Secretary concerned shall make a payment under this section, upon receipt of an application under subsection (e), in the same manner as specified in section 1477 of title 10, United States Code, for the payment of a death gratuity under section 1475 or 1476 of such title. (e) Applications \nA person seeking a payment under this section shall submit to the Secretary concerned an application for such payment. Any such application shall be in such form and shall include such information as the Secretary may require, including information attesting to the status of such person as a Indian and attesting to the domicile of such person, while a member of the uniformed services, in Indian country. Such application shall also include the applicant’s attestation that the amount of State income tax withholding for which the application is submitted has not previously been recovered by that person from the relevant State. (f) Funding \nPayments under this section shall be made from amounts appropriated or otherwise made available for such purpose in appropriations Acts. There is authorized to be appropriated for the purposes of this section the amount of $5,000,000. (g) Recovery from States \nWhen the Secretary concerned makes a payment under this section to any person, the United States shall become subrogated to any claim of that person against a State for the amount so paid, and the Secretary shall seek to recover from that State the amount (including interest) so paid. The Secretary shall have the right to recover such amount, by offset, from any amount otherwise payable by the Secretary to that State under any other program or activity. (h) Definitions \nIn this section: (1) Secretary concerned \nThe term Secretary concerned has the meaning given that term in section 101 of title 37, United States Code. (2) Uniformed services \nThe term uniformed services has the meaning given that term in section 101 of title 37, United States Code. (3) Indian country \nThe term Indian country has the meaning given that term in subsections (a) and (b) of section 1151 of title 18, United States Code.", "id": "HAE139A47275F4C09997DAC766B3B45D3", "header": "Remittance to certain Indian veterans of amounts withheld from military basic pay for State income tax purposes" } ]

[ { "text": "1. Extension of life of Advisory Committee on Veterans Business Affairs \nSection 203(h) of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended by striking September 30, 2004 and inserting September 30, 2006.", "id": "HF75C12AE77A54B9ABD1830AB279283BB", "header": "Extension of life of Advisory Committee on Veterans Business Affairs" }, { "text": "2. Conforming amendments relating to assumption of duties of Advisory Committee on Veterans Business Affairs by National Veterans Business Development Corporation \nSection 33(h) of the Small Business Act ( 15 U.S.C. 657c(h) ) is amended— (1) by striking October 1, 2004 and inserting October 1, 2006 ; and (2) by striking of this Act and inserting of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note).", "id": "H00EA43DD81BB4B1B0076BD5C5FFE603B", "header": "Conforming amendments relating to assumption of duties of Advisory Committee on Veterans Business Affairs by National Veterans Business Development Corporation" } ]

[ { "text": "1. Hold-harmless provisions \n(a) Targeted grants \nParagraph (2) of section 1122(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332(c) ) is amended— (1) by striking If sufficient funds and inserting the following: (A) Concentration grants \nIf sufficient funds ; and (2) by adding at the end the following: (B) Targeted grants \nNotwithstanding the inability of a local educational agency to meet the minimum eligibility criteria described in section 1125(a)(1) for a fiscal year, if sufficient funds are appropriated, the amount made available to the agency under section 1125 for that year shall be— (i) if the agency met such minimum eligibility criteria and received a grant under section 1125 for the preceding fiscal year, not less than 67 percent of the amount of such grant; or (ii) if the agency met such minimum eligibility criteria and received a grant under section 1125 for the second preceding fiscal year (but not the preceding fiscal year), not less than 34 percent of the amount of such grant. (C) Education finance incentive grants \nNotwithstanding the inability of a local educational agency to meet the minimum eligibility criteria described in section 1125A(c) for a fiscal year, if sufficient funds are appropriated, the amount made available to the agency under section 1125A for that year shall be— (i) if the agency met such minimum eligibility criteria and received a grant under section 1125A for the preceding fiscal year, not less than 67 percent of the amount of such grant; or (ii) if the agency met such minimum eligibility criteria and received a grant under section 1125A for the second preceding fiscal year (but not the preceding fiscal year), not less than 34 percent of the amount of such grant.. (b) Application \nThe amendments made by this section apply only with respect to funds appropriated for fiscal year 2005 or any subsequent fiscal year.", "id": "HB39542B7464241E1B70300CDA0D12282", "header": "Hold-harmless provisions" } ]

[ { "text": "1. Reduction of debt under the Foreign Assistance Act of 1961 and title I of the Agricultural Trade Development and Assistance Act of 1954 \nSection 806(d) of the Tropical Forest Conservation Act of 1998 ( 22 U.S.C. 2431d(d) ) is amended by adding at the end the following new paragraphs: (4) $20,000,000 for fiscal year 2005. (5) $25,000,000 for fiscal year 2006. (6) $30,000,000 for fiscal year 2007..", "id": "H082C33A6AF3A42B98192B8A504172543", "header": " Reduction of debt under the Foreign Assistance Act of 1961 and title I of the Agricultural Trade Development and Assistance Act of 1954" }, { "text": "2. Use of funds to conduct program audits and evaluations \nSection 806 of the Tropical Forest Conservation Act of 1998 ( 22 U.S.C. 2431d ) is amended by adding at the end the following new subsection: (e) Use of funds to conduct program audits and evaluations \nOf the amounts made available to carry out this part for a fiscal year, $200,000 is authorized to be made available to carry out audits and evaluations of programs under this part, including personnel costs associated with such audits and evaluations..", "id": "H6A5FE033153D4081A9A64DDF1D35A633", "header": "Use of funds to conduct program audits and evaluations" }, { "text": "3. Authority to allow for payments of interest and principal in local currencies \n(a) Authority under the Foreign Assistance Act of 1961 \nSection 806(c) of the Tropical Forest Conservation Act of 1998 ( 22 U.S.C. 2431d(c) ) is amended— (1) in the matter preceding paragraph (1), by striking The following and inserting (1) The following ; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following: (2) In addition to the application of the provisions relating to repayment of principal under section 705 of this Act to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Tropical Forest Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 706 of this Act.. (b) Authority under Title I of the Agricultural Trade Development and Assistance Act of 1954 \nSection 807(c) of the Tropical Forest Conservation Act of 1998 ( 22 U.S.C. 2431e(c) ) is amended— (1) in the matter preceding paragraph (1), by striking The following and inserting (1) The following ; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following: (2) In addition to the application of the provisions relating to repayment of principal under section 605 of the Agricultural Trade Development and Assistance Act of 1954 to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Tropical Forest Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 606 of such Act.. (c) Conforming Amendment \nSection 810(a) of the Tropical Forest Conservation Act of 1998 ( 22 U.S.C. 2431h(a) ) is amended by inserting and principal after interest.", "id": "H50C731B209154BE4850000B200E7ED3E", "header": "Authority to allow for payments of interest and principal in local currencies" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Native American Housing Enhancement Act of 2004.", "id": "HD9313FCDADED49E583B71B01F4472C76", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) there exist— (A) a unique relationship between the Government of the United States and the governments of Indian tribes; and (B) a unique Federal trust responsibility to Indian people; (2) Native Americans experience some of the worst housing conditions in the country, with— (A) 32.6 percent of Native homes being overcrowded; (B) 33 percent lacking adequate solid waste management systems; (C) 8 percent lacking a safe indoor water supply; and (D) approximately 90,000 Native families who are homeless or underhoused; (3) the poverty rate for Native Americans is twice that of the rest of the population of the United States; (4) the population growth of Native Americans that began in the latter part of the 20th century increased the need for Federal housing services; (5) (A) under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), members of Indian tribes are given preference for housing programs; (B) a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and private funds; (C) the Department of Agriculture has been a significant funding source for housing for Indian tribes; and (D) to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) should be amended to allow for the preference referred to in subparagraph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) to tribes who comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ), or who are acting under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ); and (6) section 457 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12899f ) should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants.", "id": "HF65AD4BC0B8B4884AFE9B94D3631D3D1", "header": "Findings" }, { "text": "3. Treatment of program income \nSection 104(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4114(a)(2) ) is amended by inserting restrict access to or after not.", "id": "H78DF7955EA1B456EA0E863C5B155E51", "header": "Treatment of program income" }, { "text": "4. Civil rights compliance \nTitle V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 544. Indian tribes \n(a) In general \nFederally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title. (b) Exemption \nTitle VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) )..", "id": "H84B815E29FC742BC93A7452CDBCFB2D2", "header": "Civil rights compliance" }, { "text": "544. Indian tribes \n(a) In general \nFederally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ) when receiving assistance under this title. (b) Exemption \nTitle VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to— (1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303 ); or (2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131(b) ).", "id": "HF211412EC98D45F9A9BC90006F38D6DA", "header": "Indian tribes" }, { "text": "5. Eligibility of Indian tribes for youthbuild grants \nSection 457(2) of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12899f(2) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as sub-paragraph (H); and (3) by inserting after subparagraph (F) the following: (G) an Indian tribe, tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 ( 25 U.S.C. 4103 )), or other agency primarily serving Indians; and.", "id": "H0B4F629CFEC540089EEDF1DD75580038", "header": "Eligibility of Indian tribes for youthbuild grants" }, { "text": "6. Federal guarantees for financing for tribal housing activities \nSection 601 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 ) is amended by adding at the end the following new subsection: (d) Limitation on Percentage \nA guarantee made under this title shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed..", "id": "H09E306AE5ED7425A00CA37DBB9CF3F07", "header": "Federal guarantees for financing for tribal housing activities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Children’s Listbroker Privacy Act.", "id": "H222E557693204EDAA42F953B1F9B009E", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Commercial list brokers routinely advertise and sell detailed information on children, including names, addresses, ages, and other data, for use in marketing. This data is commonly available on children as young as two years old, enabling marketers to target specific demographics such as junior high school, elementary school, or even preschool. (2) Commercially available marketing databases can be very large, covering millions of children. (3) Commercially available marketing databases can include a variety of information on the children they cover, from ethnicity to family income to hobbies and interests. (4) Money spent on marketing to children has been estimated at $12 billion per year. (5) Several Federal statutes, including section 1061 of the No Child Left Behind Act, the Children’s Online Privacy Protection Act, and the Family and Educational Rights and Privacy Act, restrict the collection and disclosure of information about children or students under specified circumstances. When data on children is collected in a manner that is outside the scope of those statutes, however, Federal law does not significantly restrict the commercial sale or resale of such data. (6) The ability to sell information about children to marketers for a profit creates an economic incentive to find new and creative ways to collect and compile such information, and possibly to circumvent or subvert the intent of those federal statutes that do govern the collection of information about children or students. There are a variety of means and sources that marketers and list brokers can and do use to compile names, addresses, and other data about children.", "id": "H7436B4C9DFBF469785C045815D8FD322", "header": "Findings" }, { "text": "3. Restriction on sale or purchase of children’s personal information \n(a) In general \nIt is unlawful— (1) to sell personal information about an individual the seller knows to be a child; (2) to purchase personal information about an individual identified by the seller as a child, for the purpose of marketing to that child; or (3) for a person who has provided a certification pursuant to subsection (b)(2), in connection with the purchase of personal information about an individual identified by the seller as a child, to engage in any practice that violates the terms of the certification. (b) Exceptions \n(1) Parental consent \nSubsection (a) shall not apply to any sale, purchase, or use of personal information about a child if the parent of the child has granted express consent to that sale, purchase, or use of the information. (2) Certification \nSubsection (a)(1) shall not apply to the sale of personal information about a child if the purchaser certifies to the seller, electronically or in writing, before the sale is completed— (A) the purpose for which the information will be used by the purchaser; and (B) that the purchaser will neither— (i) use the information for marketing that child; nor (ii) permit the information to be used by others for the purpose of marketing to that child.", "id": "H3C445C89F232459CBC47D0E4E46932D9", "header": "Restriction on sale or purchase of children’s personal information" }, { "text": "4. Administration and enforcement \n(a) In general \nExcept as provided in subsection (b), this Act shall be enforced by the Federal Trade Commission as if the violation of section 3 of this Act were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Enforcement by certain other agencies \nCompliance with this Act shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ), in the case of— (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601 and 611), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) by the National Credit Union Administration Board with respect to any Federal credit union; (4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ) (except as provided in section 406 of that Act ( 7 U.S.C. 226 , 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Exercise of certain powers \nFor the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of section 3 of this Act is deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under section 3 of this Act, any other authority conferred on it by law. (d) Actions by the Commission \nThe Commission shall prevent any person from violating section 3 of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any entity that violates any provision of that section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of that section. (e) Preservation of Commission authority \nNothing contained in this section shall be construed to limit the authority of the Commission under any other provision of law.", "id": "H4FAE65FDF7E146E2004C5F316DE64942", "header": "Administration and enforcement" }, { "text": "5. Actions by States \n(a) In general \n(1) Civil actions \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that section 3 of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction— (A) to enjoin that practice; (B) to enforce compliance with the rule; (C) to obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) to obtain such other relief as the court may consider to be appropriate. (2) Notice \n(A) In general \nBefore filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption \n(i) In general \nSubparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification \nIn an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention \n(1) In general \nOn receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention \nIf the Commission intervenes in an action under subsection (a), it shall have the right— (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction \nFor purposes of bringing any civil action under subsection (a), nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission \nIn any case in which an action is instituted by or on behalf of the Commission for violation of section 2 of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that section. (e) Venue; service of process \n(1) Venue \nAny action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process \nIn an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found.", "id": "H12D3C6709393463C80A54758BEAE49B8", "header": "Actions by States" }, { "text": "6. Definitions \nIn this Act: (1) Child \nThe term child means an individual under the age of 16. (2) Commission \nThe term Commission means the Federal Trade Commission. (3) Express consent \n(A) In general \nThe term express consent means an affirmative indication of permission in writing or electronic form. The term express consent does not include consent inferred from a failure to indicate affirmatively that consent is denied or withheld. (B) Prerequisites \nExpress consent is not valid unless— (i) before granting the consent the individual granting the consent was informed of the purpose for which the information would be sold, purchased, or used; and (ii) consent was not granted as a condition for making a product, service, or warranty available to the individual or the child to which the information pertains. (4) Marketing \nThe term marketing means making a communication to encourage the purchase or use of a commercial product or service. For purposes of this paragraph, a product or service shall be considered to be commercial if some or all of the proceeds from the sale inure to the benefit of an enterprise conducted for profit. (5) Parent \nThe term parent includes a legal guardian. (6) Personal information \nThe term personal information means identifiable information about an individual, including— (A) a name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address or online username; (D) a telephone number; (E) a Social Security number; or (F) any other information that permits a specific individual to be identified. (7) Purchase; sell; sale \nIn section 3, the terms purchase , sell , and sale include the purchase and sale of the right to use personal information, without regard to whether— (A) the right is limited or unlimited; (B) the transaction is characterized as a purchase, sale, lease, or otherwise; and (C) the consideration for the transaction is monetary, goods, or services.", "id": "H81927843BB7B4216A1001C884EFC753D", "header": "Definitions" }, { "text": "7. Effective date \nThis Act shall take effect 6 months after the date of enactment.", "id": "H51BABBFA46754BE99E003F51569C6465", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the The Gasoline Price Reduction Act of 2004.", "id": "H59B8F7DDB6504154B0D8E300AC6CF8DE", "header": "Short title" }, { "text": "2. Waiver of fuel provisions in case of fuel supply disruption \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: The Administrator may waive the provisions of any applicable implementation plan approved under this subparagraph with respect to a fuel or fuel additive if the Administrator, in consultation with the Secretary of Energy, determines that such waiver is necessary by reason of a significant fuel supply disruption in any area subject to such plan. Such waiver shall remain in effect in the area concerned for such period as the Administrator, in consultation with the Secretary of Energy, deems necessary by reason of such fuel supply disruption. No State or person shall be subject to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this section..", "id": "HB3D8A383A7714D819568EB7F1B627E1", "header": "Waiver of fuel provisions in case of fuel supply disruption" }, { "text": "3. Cap and reduction of boutique fuels \n(a) EPA approval of State plans with boutique fuels \nSection 211(c)(4) of the Clean Air Act ( 42 U.S.C. 7545(c)(4) ) is amended by adding the following at the end thereof: (D) In the case of gasoline, after the enactment of this subparagraph, the Administrator may give a preference to the approval of State implementation plan provisions described in subparagraph (C) if the control or prohibition in such provisions requires the use of either of the following: (i) Reformulated gasoline as defined in subsection (k). (ii) Gasoline having a Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch (psi) for the high ozone season (as determined by the Administrator). The Administrator shall have no authority, when considering State implementation plan revisions under subparagraph (C), to approve any fuel or fuel additive if the effect of such approval would be to increase the total number of fuels and fuel additives approved in all State implementation plans nationwide prior to June 1, 2004.. (b) Cross reference \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding the following at the end thereof: After the date of enactment of subparagraph (D) of this paragraph, any State implementation plan revision under this subparagraph involving gasoline shall be considered only pursuant to both this subparagraph and subparagraph (D).. (c) Study \nThe Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Energy, shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(D) of the Clean Air Act. In carrying out such study, the Administrator shall obtain comments from affected parties. The Administrator shall submit the results of such study to the Congress not later than 18 months after the enactment of this Act, together with any recommended legislative changes to the list of fuels in section 211(c)(4)(D), which, if expanded, shall not exceed 10 fuels.", "id": "HCAA775D9E22143E1BAE347684B487986", "header": "Cap and reduction of boutique fuels" } ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Medicare Drug Card Guaranteed Savings Act. (b) Findings \nCongress finds the following: (1) Americans who buy their own prescription drugs often pay twice as much for prescription drugs as consumers in foreign nations or as the price the Department of Veterans Affairs obtains by negotiating directly with the pharmaceutical manufacturers. In some cases, older Americans pay 10 times more for prescription drugs than such customers. Prescription drug prices have increased 3.4 percent during the first quarter of 2004, nearly three times the rate of inflation. (2) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law No: 108–173) established a program for the endorsement of medicare drug discount card programs in order to provide for reduced prices for drugs for medicare beneficiaries and provide a subsidy for low-income medicare beneficiaries. (3) There are currently more than 70 endorsed medicare drug discount card programs. Medicare drug discount card programs can change the drugs that they offer and the size of the discounts every seven days. Medicare beneficiaries are allowed to change their current medicare drug discount card program only once, during an annual enrollment period between November 15 and December 31, 2004. (4) Enrollment in medicare drug discount card programs has been less than projected due to the complexity of the programs, the limited number of drugs covered under most programs, the changing prescription drug needs of beneficiaries, and beneficiaries’ concern that the programs do not guarantee real savings on prescription drug purchases. As of July 19, 2004, fewer than 14 percent of low-income medicare beneficiaries who qualify for the $600 subsidy under the law have enrolled in a medicare drug discount card program. (5) Currently, medicare discount drug card sponsors are required to pass on to enrollees only an undefined “share” of the rebates they secure from drug manufacturers and card sponsors can use the remaining savings for administrative costs and profit. The law does not require the sponsors to reveal to enrollees the size of the rebates secured from drug manufacturers or to disclose what portion of those rebates are kept by the sponsors and not passed on to enrollees. (6) There is a need for a Federal national medicare prescription drug discount card program that offers guaranteed discounts on all prescription drugs and that aggregates the buying power of all medicare beneficiaries in order to negotiate significant reductions in price.", "id": "HF734D3ED9B9F4D1AA253AD5B7EFFEE68", "header": "Short title; findings" }, { "text": "2. Offering of Federal national prescription drug discount card program \n(a) Offering of program \n(1) In general \nSubsection (a)(1) of section 1860D–31 of the Social Security Act ( 42 U.S.C. 1395w–141 ) is amended— (A) by striking and at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) to provide for the offering of a Federal national prescription drug discount card program that is available for discount card eligible individuals throughout the United States (including the territories) and that meets the requirements under subsection (l)(1) in addition to the requirements otherwise applicable to an endorsed discount card program.. (2) Exclusive program in 2005 \nSubsection (c)(1)(C) of such section is amended— (A) in clause (i), by striking clauses (ii) and (iii) and inserting clauses (ii) through (iv) ; and (B) by adding at the end the following new clause: (iv) Limitation to enrollment in Federal national prescription drug discount card program in 2005 \nNotwithstanding any other provision of this section, for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled under this section shall be the Federal national prescription drug discount card program described in subsection (l). Individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs under this section are deemed to be enrolled in such Federal national prescription drug discount card program.. (b) Additional program requirements \nSuch section is further amended by adding at the end the following new subsection: ( l ) Provisions relating to Federal national prescription drug discount card program \n(1) Additional requirements \nThe Federal national prescription drug discount card program described in subsection (a)(1)(C) shall also meet the following requirements: (A) Discounted prices \nThrough direct negotiations with prescription drug manufacturers, the discounted prices offered under the program shall be less than prices otherwise available in the retail market. Through such negotiations, the Secretary shall obtain discounted prices that are at least as low as the manufacturer's average foreign price (as defined in paragraph (3)) for the drug involved. (B) Passing through all savings \nThe full amount of discounted savings are passed through to enrollees. (C) Fee for card \nThe annual fee for enrollment in the program shall be $30 (except as provided under subparagraphs (E) through (G) of subsection (c)(1)), which fees shall be available to the Secretary for administrative expenses in offering such program. (D) National availability \nThe program shall be made available to individuals residing anyplace in the United States. (E) Handling fee for pharmacists \nThe program shall be designed to provide for a reasonable handling fee for pharmacists in connection with the provision of drugs obtained under the program and shall be approximately equal to the average handling fee for pharmacists of other large insurance plans that administer drug benefits. (2) Oversight \nThe oversight authority of the Secretary under subsection (i)(2) with respect to such Federal national prescription drug discount card program shall be exercised by the Inspector General of the Department of Health and Human Services. (3) Average foreign price defined \n(A) In general \nFor purposes of this subsection, the term `average foreign price' means, with respect to a covered discount card drug, the average price that the manufacturer of the drug realizes on the sale of drugs with the same active ingredient or ingredients that are consumed in Canada, France, Germany, Italy, Japan, and the United Kingdom, taking into account— (i) any rebate, contract term or condition, or other arrangement (whether with the purchaser or other persons) that has the effect of reducing the amount realized by the manufacturer on the sale of the drugs; (ii) adjustments for any differences in dosage, formulation, or other relevant characteristics of the drugs; and (iii) any other contract or side agreement that has the effect of adjusting the effective price of the drug, including agreements to purchase non-drug products. (B) Exempt transactions \nThe Secretary may, by regulation, exempt from the calculation of the average foreign price of a drug those prices realized by a manufacturer in transactions that are entered into for charitable purposes, for research purposes, or under other unusual circumstances, if the Secretary determines that the exemption is in the public interest and is consistent with the purposes of this section.. (c) Conforming amendments \nSuch section is further amended— (1) in subsection (h)(1)(A), by adding after and below clause (v) the following new sentence: Such term also includes the Secretary with respect to the offering of the Federal national prescription drug discount card program described in subsection (a)(1)(C). ; (2) in subsection (h)(2)(A), by adding at the end the following: The Secretary shall establish a separate procedure for the qualification of the Federal national prescription drug discount card program described in subsection (a)(1)(C). ; and (3) in subsection (k)(6), by inserting before the period at the end the following: , except in the case of the Federal national prescription drug discount card program described in subsection (a)(1)(C). (d) Implementation \n(1) Availability of funds \nNotwithstanding any other provision of law, funds provided under section 1015 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) shall be available to the Secretary of Health and Human Services for reasonable administrative costs in offering the Federal national prescription drug discount card program described in section 1860D–31(a)(1)(C) of the Social Security Act, as added by subsection (a). (2) Timely implementation \nThe Secretary shall take such steps as may be required to provide for the offering of such program during the annual open enrollment period occurring in November, 2004.", "id": "H2A07CDD384744BFEBA07000099001D69", "header": "Offering of Federal national prescription drug discount card program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Neighborhood Security Act.", "id": "HC23C6BBC0623414DB49E2CD5AB7669B4", "header": "Short title" }, { "text": "2. Reinstatement for 10 years of repealed criminal provisions relating to assault weapons and large capacity ammunition feeding devices \n(a) Reinstatement of provisions wholly repealed \nParagraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18, United States Code, as in effect just before the repeal made by section 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, are hereby enacted into law. (b) Reinstatement of provisions partially repealed \nSection 924 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking subparagraph (B) and inserting the following: (B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922; ; and (2) in subsection (c)(1)(B), by striking clause (i) and inserting the following: (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or. (c) Sunset \nEffective 10 years after the date of the enactment of this section— (1) the provisions enacted by subsection (a) of this section are repealed; and (2) section 924 of title 18, United State Code, is amended— (A) in subsection (a)(1)(B), by striking (r), (v), or (w) and inserting or (r) ; and (B) in subsection (c)(1)(B)(i), by striking short-barreled shotgun, or semiautomatic assault weapon and inserting or short-barreled shotgun.", "id": "H83145490523443599E007454601E7070", "header": "Reinstatement for 10 years of repealed criminal provisions relating to assault weapons and large capacity ammunition feeding devices" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act.", "id": "H0B26C17035F74143B0CCB6F1A141958E", "header": "Short title" }, { "text": "2. Railroad transportation security plan \n(a) Requirement \n(1) In general \nThe Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security and in accordance with the Memorandum of Understanding executed under section 3, shall develop a plan for the security of the Nation’s railroads. The plan shall include— (A) identification and evaluation of critical railroad assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the plan; (F) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert, developed in consultation with the freight and intercity passenger railroads and State and local governments; (G) procedures for establishing and maintaining permanent and comprehensive consultative relations among the parties described in subsection (b); and (H) a contingency plan, developed in conjunction with freight and intercity and commuter passenger railroads, to ensure the continued movement of freight and passengers in the event of an attack affecting the railroad system, which shall contemplate— (i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and (ii) methods of continuing railroad service in the Northeast Corridor in the event of a commercial power loss, or catastrophe affecting a critical bridge, tunnel, yard, or station. (2) Existing private and public sector efforts \nThe plan shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nThe Secretary of Transportation shall develop prioritized recommendations for improving railroad security, including recommendations for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service; (B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) installing redundant and backup systems to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term costs of measures that may be required to address those risks. (b) Consultation \nIn developing the plan under subsection (a), the Secretary of Transportation shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials (including those within agencies and offices of the Department of Homeland Security), and other relevant parties. (c) Report \n(1) Contents \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan and prioritized recommendations required by subsection (a), along with an estimate of the cost to implement such recommendations. (2) Format \nThe Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $10,000,000 for fiscal year 2005 for the purpose of carrying out this section.", "id": "HA84D65E246E54BF4BDAA8F028989E19", "header": "Railroad transportation security plan" }, { "text": "3. Memorandum of understanding \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of understanding governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort.", "id": "HB2CA170FEF0E49E1876BAAA0674E55D", "header": "Memorandum of understanding" }, { "text": "4. Railroad security upgrades \n(a) Security improvement grants \nThe Secretary of Transportation is authorized to make grants to railroads, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for— (1) automated security inspection; (2) continued development and pilot deployment of communications-based train control systems; (3) emergency bridge repair and replacement technology and testing; (4) track, structure, and right-of-way integrity monitoring; (5) technologies for reduction of tank car vulnerability; (6) demonstration of bridge and tunnel inspection technologies; (7) establishment of a unified national railroad emergency operations center; (8) signal system security at turnouts; (9) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (10) the security of hazardous material transportation by railroad; (11) secure passenger railroad stations, trains, and infrastructure; (12) public security awareness campaigns for passenger train operations; (13) the sharing of intelligence and information about railroad security threats; (14) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (15) additional police and security officers, including canine units; and (16) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation— (1) $5,000,000 for each of fiscal years 2005 and 2006 for automated security inspection; (2) $20,000,000 for continued development and deployment of communications-based train control systems; (3) $5,000,000 for each of fiscal years 2005 through 2008 for emergency bridge repair and replacement technology and testing; (4) $3,000,000 for fiscal year 2005 for track, structure, and right-of-way integrity monitoring; (5) $3,000,000 for fiscal year 2005 for technologies for reduction of tank car vulnerability; (6) $20,000,000 for demonstration of bridge and tunnel inspection technologies; (7) $10,000,000 for establishment of a unified national railroad emergency operations center; (8) $1,500,000 for each of fiscal years 2005 and 2006 for signal system security at turnouts; and (9) $350,000,000 for fiscal year 2005 to carry out paragraphs (9) through (16) of subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H4429CA981A01438CAE00F9338EA83098", "header": "Railroad security upgrades" }, { "text": "5. Fire and life-safety improvements \n(a) Life-safety needs \nThe Secretary of Transportation is authorized to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels, to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $170,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, D.C., Union Station tunnels, to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended.", "id": "HFFB5226D82E54EE3976D09461DF31D00", "header": "Fire and life-safety improvements" }, { "text": "6. Miscellaneous technical and conforming provisions \n(a) Rail police officers \nSection 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier. (b) Review of rail regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve railroad security. (c) Railroad security \nSection 20101 of title 49, United States Code, is amended by striking safety and inserting safety, including security,. (d) Rail safety regulations \nSection 20103(a) of title 49, United States Code, is amended by striking safety the first place it appears, and inserting safety, including security,. (e) Certain personnel limitations not to apply \nAny statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this Act.", "id": "H1E502BDF40E44674A4DF8E1F1518A811", "header": "Miscellaneous technical and conforming provisions" }, { "text": "7. Definition \nFor purposes of this Act, the term railroad has the meaning given that term in section 20102 of title 49, United States Code.", "id": "H75B70C678B11452DA8A9F0CC94730000", "header": "Definition" } ]

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

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Children’s Dental Health Improvement Act of 2004. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Title I—Improving delivery of pediatric dental services under medicaid and SCHIP Sec. 101. Grants to improve the provision of dental services under medicaid and SCHIP Sec. 102. State option to provide wrap-around SCHIP coverage to children who have other health coverage Title II—Correcting gme payments for dental residency training programs Sec. 201. Limitation on the application of the 1-year lag in the indirect medical education ratio (IME) changes and the 3-year rolling average for counting interns and residents for IME and direct graduate medical education (D–GME) payments under the medicare program Title III—Improving delivery of pediatric dental services under community health centers, public health departments, and the Indian Health Service Sec. 301. Grants to improve the provision of dental health services through community health centers and public health departments Sec. 302. Dental officer multiyear retention bonus for the Indian Health Service Sec. 303. Demonstration projects to increase access to pediatric dental services in underserved areas Sec. 304. Technical correction Title IV—Improving oral health promotion and disease prevention programs Sec. 401. Oral health initiative Sec. 402. CDC reports Sec. 403. Early childhood caries Sec. 404. School-based dental sealant program Sec. 405. Basic oral health promotion", "id": "H238A294B51264C098500D8417794E74E", "header": "Short title; table of contents" }, { "text": "101. Grants to improve the provision of dental services under medicaid and SCHIP \nTitle V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by adding at the end the following: 511. Grants to improve the provision of dental services under medicaid and SCHIP \n(a) Authority to make grants \nIn addition to any other payments made under this title to a State, the Secretary shall award grants to States that satisfy the requirements of subsection (b) to improve the provision of dental services to children who are enrolled in a State plan under title XIX or a State child health plan under title XXI (in this section, collectively, referred to as the State plans ). (b) Requirements \nIn order to be eligible for a grant under this section, a State shall provide the Secretary with the following assurances: (1) Improved service delivery \nThe State shall have a plan to improve the delivery of dental services to children, including children with special health care needs, who are enrolled in the State plans, including providing outreach and administrative case management, improving collection and reporting of claims data, and providing incentives, in addition to raising reimbursement rates, to increase provider participation. (2) Adequate payment rates \nThe State has provided for payment under the State plans for dental services for children at levels consistent with the market-based rates and sufficient enough to enlist providers to treat children in need of dental services. (3) Ensured access \nThe State shall ensure it will make dental services available to children enrolled in the State plans to the same extent as such services are available to the general population of the State. (c) Use of funds \n(1) In general \nFunds provided under this section may be used to provide administrative resources (such as program development, provider training, data collection and analysis, and research-related tasks) to assist States in providing and assessing services that include preventive and therapeutic dental care regimens. (2) Limitation \nFunds provided under this section may not be used for payment of direct dental, medical, or other services or to obtain Federal matching funds under any Federal program. (d) Application \nA State shall submit an application to the Secretary for a grant under this section in such form and manner and containing such information as the Secretary may require. (e) Authorization of appropriations \nThere are authorized to be appropriated to make grants under this section $50,000,000 for fiscal year 2005 and each fiscal year thereafter. (f) Application of other provisions of title \n(1) In general \nExcept as provided in paragraph (2), the other provisions of this title shall not apply to a grant made under this section. (2) Exceptions \nThe following provisions of this title shall apply to a grant made under subsection (a) to the same extent and in the same manner as such provisions apply to allotments made under section 502(c): (A) Section 504(b)(6) (relating to prohibition on payments to excluded individuals and entities). (B) Section 504(c) (relating to the use of funds for the purchase of technical assistance). (C) Section 504(d) (relating to a limitation on administrative expenditures). (D) Section 506 (relating to reports and audits), but only to the extent determined by the Secretary to be appropriate for grants made under this section. (E) Section 507 (relating to penalties for false statements). (F) Section 508 (relating to nondiscrimination). (G) Section 509 (relating to the administration of the grant program)..", "id": "HCDF8B7AFB5984FD4B620E9D90CB8D8D", "header": "Grants to improve the provision of dental services under medicaid and SCHIP" }, { "text": "511. Grants to improve the provision of dental services under medicaid and SCHIP \n(a) Authority to make grants \nIn addition to any other payments made under this title to a State, the Secretary shall award grants to States that satisfy the requirements of subsection (b) to improve the provision of dental services to children who are enrolled in a State plan under title XIX or a State child health plan under title XXI (in this section, collectively, referred to as the State plans ). (b) Requirements \nIn order to be eligible for a grant under this section, a State shall provide the Secretary with the following assurances: (1) Improved service delivery \nThe State shall have a plan to improve the delivery of dental services to children, including children with special health care needs, who are enrolled in the State plans, including providing outreach and administrative case management, improving collection and reporting of claims data, and providing incentives, in addition to raising reimbursement rates, to increase provider participation. (2) Adequate payment rates \nThe State has provided for payment under the State plans for dental services for children at levels consistent with the market-based rates and sufficient enough to enlist providers to treat children in need of dental services. (3) Ensured access \nThe State shall ensure it will make dental services available to children enrolled in the State plans to the same extent as such services are available to the general population of the State. (c) Use of funds \n(1) In general \nFunds provided under this section may be used to provide administrative resources (such as program development, provider training, data collection and analysis, and research-related tasks) to assist States in providing and assessing services that include preventive and therapeutic dental care regimens. (2) Limitation \nFunds provided under this section may not be used for payment of direct dental, medical, or other services or to obtain Federal matching funds under any Federal program. (d) Application \nA State shall submit an application to the Secretary for a grant under this section in such form and manner and containing such information as the Secretary may require. (e) Authorization of appropriations \nThere are authorized to be appropriated to make grants under this section $50,000,000 for fiscal year 2005 and each fiscal year thereafter. (f) Application of other provisions of title \n(1) In general \nExcept as provided in paragraph (2), the other provisions of this title shall not apply to a grant made under this section. (2) Exceptions \nThe following provisions of this title shall apply to a grant made under subsection (a) to the same extent and in the same manner as such provisions apply to allotments made under section 502(c): (A) Section 504(b)(6) (relating to prohibition on payments to excluded individuals and entities). (B) Section 504(c) (relating to the use of funds for the purchase of technical assistance). (C) Section 504(d) (relating to a limitation on administrative expenditures). (D) Section 506 (relating to reports and audits), but only to the extent determined by the Secretary to be appropriate for grants made under this section. (E) Section 507 (relating to penalties for false statements). (F) Section 508 (relating to nondiscrimination). (G) Section 509 (relating to the administration of the grant program).", "id": "HB189A95B9DF7458B98DED318CF1FCE3", "header": "Grants to improve the provision of dental services under medicaid and SCHIP" }, { "text": "102. State option to provide wrap-around SCHIP coverage to children who have other health coverage \n(a) In general \n(1) SCHIP \n(A) State option to provide wrap-around coverage \nSection 2110(b) of the Social Security Act ( 42 U.S.C. 1397jj(b) ) is amended— (i) in paragraph (1)(C), by inserting , subject to paragraph (5), after under title XIX or ; and (ii) by adding at the end the following: (5) State option to provide wrap-around coverage \nA State may waive the requirement of paragraph (1)(C) that a targeted low-income child may not be covered under a group health plan or under health insurance coverage, if the State satisfies the conditions described in subsection (c)(8). The State may waive such requirement in order to provide— (A) dental services; (B) cost-sharing protection; or (C) all services. In waiving such requirement, a State may limit the application of the waiver to children whose family income does not exceed a level specified by the State, so long as the level so specified does not exceed the maximum income level otherwise established for other children under the State child health plan.. (B) Conditions described \nSection 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ) is amended by adding at the end the following: (8) Conditions for provision of wrap-around coverage \nFor purposes of section 2110(b)(5), the conditions described in this paragraph are the following: (A) Income eligibility \nThe State child health plan (whether implemented under title XIX or this XXI)— (i) has the highest income eligibility standard permitted under this title as of January 1, 2004; (ii) subject to subparagraph (B), does not limit the acceptance of applications for children; and (iii) provides benefits to all children in the State who apply for and meet eligibility standards. (B) No waiting list imposed \nWith respect to children whose family income is at or below 200 percent of the poverty line, the State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of such children for child health assistance under such State plan. (C) No more favorable treatment \nThe State child health plan may not provide more favorable coverage of dental services to the children covered under section 2110(b)(5) than to children otherwise covered under this title.. (C) State option to waive waiting period \nSection 2102(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1397bb(b)(1)(B) ) is amended— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) at State option, may not apply a waiting period in the case of a child described in section 2110(b)(5), if the State satisfies the requirements of section 2105(c)(8).. (2) Application of enhanced match under medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (b), in the fourth sentence, by striking or subsection (u)(3) and inserting (u)(3), or (u)(4) ; and (B) in subsection (u)— (i) by redesignating paragraph (4) as paragraph (5); and (ii) by inserting after paragraph (3) the following: (4) For purposes of subsection (b), the expenditures described in this paragraph are expenditures for items and services for children described in section 2110(b)(5), but only in the case of a State that satisfies the requirements of section 2105(c)(8).. (3) Application of secondary payor provisions \nSection 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— (A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (B) by inserting after subparagraph (A) the following: (B) Section 1902(a)(25) (relating to coordination of benefits and secondary payor provisions) with respect to children covered under a waiver described in section 2110(b)(5).. (b) Effective date \nThe amendments made by subsection (a) shall take effect on January 1, 2004, and shall apply to child health assistance and medical assistance provided on or after that date.", "id": "H32BAC5870E074A7BAB6880393EBABD9", "header": "State option to provide wrap-around SCHIP coverage to children who have other health coverage" }, { "text": "201. Limitation on the application of the 1-year lag in the indirect medical education ratio (IME) changes and the 3-year rolling average for counting interns and residents for IME and direct graduate medical education (D–GME) payments under the medicare program \n(a) IME ratio and rolling average \nSection 1886(d)(5)(B)(vi) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(vi) ) is amended by adding at the end the following new sentence: For cost reporting periods beginning during fiscal years beginning on or after October 1, 2004, subclauses (I) and (II) shall be applied only with respect to a hospital’s approved medical residency training program in the fields of allopathic medicine and osteopathic medicine.. (b) D–GME rolling average \nSection 1886(h)(4)(G) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4)(G) ) is amended by adding at the end the following new clause: (iv) Application for fy 2005 and subsequent years \nFor cost reporting periods beginning during fiscal years beginning on or after October 1, 2004, clauses (i) through (iii) shall be applied only with respect to a hospital’s approved medical residency training program in the fields of allopathic medicine and osteopathic medicine..", "id": "H78CAD8678AC04576BA3F2097AEBA84", "header": "Limitation on the application of the 1-year lag in the indirect medical education ratio (IME) changes and the 3-year rolling average for counting interns and residents for IME and direct graduate medical education (D–GME) payments under the medicare program" }, { "text": "301. Grants to improve the provision of dental health services through community health centers and public health departments \nSubpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by insert before section 330, the following: 329. Grant program to expand the availability of services \n(a) In general \nThe Secretary, acting through the Health Resources and Services Administration, shall establish a program under which the Secretary may award grants to eligible entities and eligible individuals to expand the availability of primary dental care services in dental health professional shortage areas or medically underserved areas. (b) Eligibility \n(1) Entities \nTo be eligible to receive a grant under this section an entity— (A) shall be— (i) a health center receiving funds under section 330 or designated as a Federally qualified health center; (ii) a county or local public health department, if located in a federally-designated dental health professional shortage area; (iii) an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )); (iv) a dental education program accredited by the Commission on Dental Accreditation; or (v) a community-based program whose child service population is made up of at least 33 percent of children who are eligible children, including at least 25 percent of such children being children with mental retardation or related developmental disabilities, unless specific documentation of a lack of need for access by this sub-population is established; and (B) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information concerning dental provider capacity to serve individuals with developmental disabilities. (2) Individuals \nTo be eligible to receive a grant under this section an individual shall— (A) be a dental health professional licensed or certified in accordance with the laws of State in which such individual provides dental services; (B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (C) provide assurances that— (i) the individual will practice in a federally-designated dental health professional shortage area; or (ii) not less than 25 percent of the patients of such individual are— (I) receiving assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (II) receiving assistance under a State plan under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ); or (III) uninsured. (c) Use of funds \n(1) Entities \nAn entity shall use amounts received under a grant under this section to provide for the increased availability of primary dental services in the areas described in subsection (a). Such amounts may be used to supplement the salaries offered for individuals accepting employment as dentists in such areas. (2) Individuals \nA grant to an individual under subsection (a) shall be in the form of a $1,000 bonus payment for each month in which such individual is in compliance with the eligibility requirements of subsection (b)(2)(C). (d) Authorization of appropriations \n(1) In general \nNotwithstanding any other amounts appropriated under section 330 for health centers, there is authorized to be appropriated $40,000,000 for each of fiscal years 2005 through 2009 to hire and retain dental health care providers under this section. (2) Use of funds \nOf the amount appropriated for a fiscal year under paragraph (1), the Secretary shall use— (A) not less than 65 percent of such amount to make grants to eligible entities; and (B) not more than 35 percent of such amount to make grants to eligible individuals..", "id": "HE612E759AC1046D6A4D794301839D264", "header": "Grants to improve the provision of dental health services through community health centers and public health departments" }, { "text": "329. Grant program to expand the availability of services \n(a) In general \nThe Secretary, acting through the Health Resources and Services Administration, shall establish a program under which the Secretary may award grants to eligible entities and eligible individuals to expand the availability of primary dental care services in dental health professional shortage areas or medically underserved areas. (b) Eligibility \n(1) Entities \nTo be eligible to receive a grant under this section an entity— (A) shall be— (i) a health center receiving funds under section 330 or designated as a Federally qualified health center; (ii) a county or local public health department, if located in a federally-designated dental health professional shortage area; (iii) an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )); (iv) a dental education program accredited by the Commission on Dental Accreditation; or (v) a community-based program whose child service population is made up of at least 33 percent of children who are eligible children, including at least 25 percent of such children being children with mental retardation or related developmental disabilities, unless specific documentation of a lack of need for access by this sub-population is established; and (B) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information concerning dental provider capacity to serve individuals with developmental disabilities. (2) Individuals \nTo be eligible to receive a grant under this section an individual shall— (A) be a dental health professional licensed or certified in accordance with the laws of State in which such individual provides dental services; (B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (C) provide assurances that— (i) the individual will practice in a federally-designated dental health professional shortage area; or (ii) not less than 25 percent of the patients of such individual are— (I) receiving assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (II) receiving assistance under a State plan under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ); or (III) uninsured. (c) Use of funds \n(1) Entities \nAn entity shall use amounts received under a grant under this section to provide for the increased availability of primary dental services in the areas described in subsection (a). Such amounts may be used to supplement the salaries offered for individuals accepting employment as dentists in such areas. (2) Individuals \nA grant to an individual under subsection (a) shall be in the form of a $1,000 bonus payment for each month in which such individual is in compliance with the eligibility requirements of subsection (b)(2)(C). (d) Authorization of appropriations \n(1) In general \nNotwithstanding any other amounts appropriated under section 330 for health centers, there is authorized to be appropriated $40,000,000 for each of fiscal years 2005 through 2009 to hire and retain dental health care providers under this section. (2) Use of funds \nOf the amount appropriated for a fiscal year under paragraph (1), the Secretary shall use— (A) not less than 65 percent of such amount to make grants to eligible entities; and (B) not more than 35 percent of such amount to make grants to eligible individuals.", "id": "H670A09F1BE0D481280B700326C00FEA9", "header": "Grant program to expand the availability of services" }, { "text": "302. Dental officer multiyear retention bonus for the Indian Health Service \n(a) Terms and definitions \nIn this section: (1) Creditable service \nThe term creditable service includes all periods that a dental officer spent in graduate dental educational (GDE) training programs while not on active duty in the Indian Health Service and all periods of active duty in the Indian Health Service as a dental officer. (2) Dental officer \nThe term dental officer means an officer of the Indian Health Service designated as a dental officer. (3) Director \nThe term Director means the Director of the Indian Health Service. (4) Residency \nThe term residency means a graduate dental educational (GDE) training program of at least 12 months leading to a specialty, including general practice residency (GPR) or an advanced education general dentistry (AEGD). (5) Specialty \nThe term specialty means a dental specialty for which there is an Indian Health Service specialty code number. (b) Requirements for bonus \n(1) In general \nAn eligible dental officer of the Indian Health Service who executes a written agreement to remain on active duty for 2, 3, or 4 years after the completion of any other active duty service commitment to the Indian Health Service may, upon acceptance of the written agreement by the Director, be authorized to receive a dental officer multiyear retention bonus under this section. The Director may, based on requirements of the Indian Health Service, decline to offer such a retention bonus to any specialty that is otherwise eligible, or to restrict the length of such a retention bonus contract for a specialty to less than 4 years. (2) Limitations \nEach annual dental officer multiyear retention bonus authorized under this section shall not exceed the following: (A) $14,000 for a 4-year written agreement. (B) $8,000 for a 3-year written agreement. (C) $4,000 for a 2-year written agreement. (c) Eligibility \n(1) In general \nIn order to be eligible to receive a dental officer multiyear retention bonus under this section, a dental officer shall— (A) be at or below such grade as the Director shall determine; (B) have completed any active duty service commitment of the Indian Health Service incurred for dental education and training or have 8 years of creditable service; (C) have completed initial residency training, or be scheduled to complete initial residency training before September 30 of the fiscal year in which the officer enters into a dental officer multiyear retention bonus written service agreement under this section; and (D) have a dental specialty in pediatric dentistry or oral and maxillofacial surgery. (2) Extension to other officers \nThe Director may extend the retention bonus to dental officers other than officers with a dental specialty in pediatric dentistry, as well as to other dental hygienists with a minimum of a baccalaureate degree, based on demonstrated need. (d) Termination of entitlement to special pay \nThe Director may terminate, with cause, at any time a dental officer’s multiyear retention bonus contract under this section. If such a contract is terminated, the unserved portion of the retention bonus contract shall be recouped on a pro rata basis. The Director shall establish regulations that specify the conditions and procedures under which termination may take place. The regulations and conditions for termination shall be included in the written service contract for a dental officer multiyear retention bonus under this section. (e) Refunds \n(1) In general \nProrated refunds shall be required for sums paid under a retention bonus contract under this section if a dental officer who has received the retention bonus fails to complete the total period of service specified in the contract, as conditions and circumstances warrant. (2) Debt to United States \nAn obligation to reimburse the United States imposed under paragraph (1) is a debt owed to the United States. (3) No discharge in bankruptcy \nNotwithstanding any other provision of law, a discharge in bankruptcy under title 11, United States Code, that is entered less than 5 years after the termination of a retention bonus contract under this section does not discharge the dental officer who signed such a contract from a debt arising under the contract or under paragraph (1).", "id": "HB490676FABCD4B6FB479BCE7385E73C0", "header": "Dental officer multiyear retention bonus for the Indian Health Service" }, { "text": "303. Demonstration projects to increase access to pediatric dental services in underserved areas \n(a) Authority to conduct projects \nThe Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration and the Director of the Indian Health Service, shall establish demonstration projects that are designed to increase access to dental services for children in underserved areas, as determined by the Secretary. (b) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H3C7A62C68F014C9586FC6B94E3B91F44", "header": "Demonstration projects to increase access to pediatric dental services in underserved areas" }, { "text": "304. Technical correction \nSection 340G(b)(1)(B) of the Public Health Service Act ( 42 U.S.C. 256g(b)(1)(B) ) is amended by striking and at the end and inserting or.", "id": "H68D6694F13304765AF92D4EAAB8B0E3", "header": "Technical correction" }, { "text": "401. Oral health initiative \n(a) Establishment \nThe Secretary of Health and Human Services shall establish an oral health initiative to reduce the profound disparities in oral health by improving the health status of vulnerable populations, particularly low-income children and children with developmental disabilities, to the level of health status that is enjoyed by the majority of Americans. (b) Activities \nThe Secretary of Health and Human Services shall, through the oral health initiative— (1) carry out activities to improve intra- and inter-agency collaborations, including activities to identify, engage, and encourage existing Federal and State programs to maximize their potential to address oral health; (2) carry out activities to encourage public-private partnerships to engage private sector communities of interest (including health professionals, educators, State policymakers, foundations, business, and the public) in partnerships that promote oral health and dental care; (3) carry out activities to reduce the disease burden in high risk populations through the application of best-science in oral health, including programs such as community water fluoridation and dental sealants; and (4) carry out activities to improve the oral health literacy of the public through school-based education programs. (c) Coordination \nThe Secretary of Health and Human Services shall— (1) through the Administrator of the Centers for Medicare & Medicaid Services, establish the Chief Dental Officer for the medicaid and State children’s health insurance programs established under titles XIX and XXI, respectively, of the Social Security Act ( 42 U.S.C. 1396 et seq. 1397aa et seq.); (2) through the Administrator of the Health Resources and Services Administration, establish the Chief Dental Office for all oral health programs within the Health Resources and Services Administration; (3) through the Director of the Centers for Disease Control and Prevention, establish the Chief Dental Officer for all oral health programs within such Centers; and (4) carry out this section in collaboration with the Administrators and Chief Dental Officers described in paragraphs (1), (2), and (3). (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, $25,000,000 for fiscal year 2005, and such sums as may be necessary for each subsequent fiscal year.", "id": "H1A9978157FB6437900DC3DF11FE33C6B", "header": "Oral health initiative" }, { "text": "402. CDC reports \n(a) Collection of data \nThe Director of the Centers for Disease Control and Prevention, in collaboration with other organizations and agencies, shall collect data through State-based oral health surveillance systems describing the dental, craniofacial, and oral health of residents of all 50 States and certain Indian tribes. (b) Reports \nThe Director of the Centers for Disease Control and Prevention shall compile and analyze data collection under subsection (a) and annually prepare and submit to the appropriate committees of Congress a report concerning the oral health of States and Indian tribes.", "id": "H8B1FA9C8824F43EEB700F6AB2689695C", "header": "CDC reports" }, { "text": "403. Early childhood caries \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) expand existing surveillance activities to include the identification of children at high risk of early childhood caries, including sub-populations such as children with developmental disabilities; (2) assist State, local, and tribal health agencies and departments in collecting, analyzing and disseminating data on early childhood caries; and (3) provide for the development of public health nursing programs and public health education programs on early childhood caries prevention. (b) Appropriateness of activities \nThe Secretary of Health and Human Services shall carry out programs and activities under subsection (a) in a culturally appropriate manner with respect to populations at risk of early childhood caries. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, such sums as may be necessary for each fiscal year.", "id": "HDEE90A3DAD364C089F9C4E69BAA129CB", "header": "Early childhood caries" }, { "text": "404. School-based dental sealant program \nSection 317M(c) of the Public Health Service Act (as added by section 1602 of Public Law 106–310 ) is amended— (1) in paragraph (1), by inserting and school-linked after school-based ; (2) in the first sentence of paragraph (2)— (A) by inserting and school-linked after school-based ; and (B) by inserting or Indian tribe after State ; and (3) by striking paragraph (3) and inserting the following: (3) Eligibility \nTo be eligible to receive funds under paragraph (1), an entity shall— (A) prepare and submit to the State or Indian tribe an application at such time, in such manner and containing such information as the State or Indian tribe may require; and (B) be a— (i) public elementary or secondary school— (I) that is located in an urban area in which more than 50 percent of the student population is participating in Federal or State free or reduced meal programs; or (II) that is located in a rural area and, with respect to the school district in which the school is located, the district involved has a median income that is at or below 235 percent of the poverty line, as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ); or (ii) public or non-profit organization, including a grantee under section 330 and urban Indian clinics under title V of the Indian Health Care Improvement Act , that is under contract with an elementary or secondary school described in subparagraph (B) to provide dental services to school-age children..", "id": "H0CD643FFD01440BA8B67821F1F8244B7", "header": "School-based dental sealant program" }, { "text": "405. Basic oral health promotion \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with dental organizations (including organizations having expertise in the prevention and treatment of oral disease in underserved pediatric populations), shall award grants to States and Indian tribes to improve the basic capacity of such States and tribes to improve the oral health of children and their families. (b) Requirements \nA State or Indian tribe shall use amounts received under a grant under this section to conduct one or more of the following activities: (1) Establish an oral health plan, policies, effective prevention programs, and accountability measures and systems. (2) Establish and guide coalitions, partnerships, and alliances to accomplish the establishment of the plan, policies, programs and systems under paragraph (1). (3) Monitor changes in oral disease burden, disparities, and the utilization of preventive services by high-risk populations. (4) Identify, test, establish, support, and evaluate prevention interventions to reduce oral health disparities. (5) Promote public awareness and education in support of improvements of oral health. (6) Support training programs for dental and other health professions needed to strengthen oral health prevention programs. (7) Establish, enhance, or expand oral disease prevention and disparity reduction programs. (8) Evaluate the progress and effectiveness of the State’s oral disease prevention and disparity reduction program. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year.", "id": "H09504E4BCA074C9A87D6EF9978E7B648", "header": "Basic oral health promotion" } ]

[ { "text": "1. General reporting requirements for receipt of federal assistance by business enterprises \n(a) Initial Requirement \nEach Federal department or agency that provides grants, loans, or loan guarantees to business enterprises after the date of the enactment of this Act shall require that, as condition of receipt of a grant, loan, or loan guarantee, a business enterprise shall provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee the following information: (1) The number of individuals employed by the business enterprise in the United States and its territories. (2) The number of individuals employed by the business enterprise outside the United States and its territories. (3) A description of the wages and benefits being provided to the employees of the business enterprise in the United States and its territories. (b) Subsequent Requirement \nBeginning 1 year after the date on which a Federal department or agency provides a grant, loan, or loan guarantee to a business enterprise after the date of the enactment of this Act, the department or agency shall require the business enterprise to provide to the department or agency on an annual basis for the duration of the grant, loan, or loan guarantee a written certification that contains the following information: (1) The percentage of the workforce of the business enterprise employed in the United States or its territories that has been laid off or induced to resign from the business enterprise during the preceding year. (2) The percentage of the total workforce of the business enterprise that has been laid off or induced to resign from the business enterprise during the preceding year.", "id": "H4B2AE6D0AF384A0B9F67EC8B71266910", "header": "General reporting requirements for receipt of federal assistance by business enterprises" }, { "text": "2. Prohibition on federal assistance to business enterprises that lay off a greater percentage of workers in the united states than in other countries \nNotwithstanding any other provision of law, if, in a written certification provided to a Federal department or agency by a business enterprise under section 1(b), the percentage described in section 1(b)(1) is greater than the percentage described in section 1(b)(2), then the business enterprise shall be ineligible for further assistance from the department or agency, and shall be ineligible for assistance from any other Federal department or agency, unless and until the business enterprise provides to the department or agency involved a new written certification which provides that the percentage of the workforce of the business enterprise employed in the United States or its territories is equal to or greater than such percentage for the year preceding the year for which the written certification under section 1(b) was provided.", "id": "H3707354A17704B5500951B2BD01067EC", "header": "Prohibition on federal assistance to business enterprises that lay off a greater percentage of workers in the united states than in other countries" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Bleeding Kansas National Heritage Area Act.", "id": "H3965575925F94E1BB6BCBA584829D948", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) The Bleeding Kansas National Heritage Area is a cohesive assemblage of natural, historic, cultural, and recreational resources that— (A) together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (B) are best managed through partnerships between private and public entities; (C) will build upon the Kansas rural development policy and the new homestead act to recognize inherent strengths of small towns and rural communities—close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (2) The Bleeding Kansas National Heritage Area reflects traditions, customs, beliefs, folk life, or some combination thereof, that are a valuable part of the heritage of the United States. (3) The Bleeding Kansas National Heritage Area provides outstanding opportunities to conserve natural, cultural, or historic features, or some combination thereof. (4) The Bleeding Kansas National Heritage Area provides outstanding recreational and interpretive opportunities. (5) The Bleeding Kansas National Heritage Area has an identifiable theme, and resources important to the theme retain integrity capable of supporting interpretation. (6) Residents, nonprofit organizations, other private entities, and units of local government throughout the Bleeding Kansas National Heritage Area demonstrate support for designation of the Bleeding Kansas National Heritage Area as a national heritage area and for management of the Bleeding Kansas National Heritage Area as appropriate for such designation. (7) Capturing these interconnected stories through partnerships with National Park Service sites, Kansas State Historical Society sites, local organizations, and citizens will augment the story opportunities within the prospective boundary for the educational and recreational benefit of this and future generations of Americans. (8) Communities throughout this region know the value of their Bleeding Kansas legacy, but require expansion of the existing cooperative framework to achieve key preservation, education, and other significant goals by working more closely together. (9) The State of Kansas officially recognized the national significance of the Bleeding Kansas story when it designated the heritage area development as a significant strategic goal within the statewide economic development plan. (10) Territorial Kansas Heritage Alliance is a nonprofit corporation created for the purposes of preserving, interpreting, developing, promoting and, making available to the public the story and resources related to the story of Bleeding Kansas and the Enduring Struggle for Freedom. (11) Territorial Kansas Heritage Alliance has completed a study that— (A) describes in detail the role, operation, financing, and functions of Territorial Kansas Heritage Alliance, the management entity; and (B) provides adequate assurances that Territorial Kansas Heritage Alliance, the management entity, is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants. (12) There are at least 7 National Historic Landmarks, 32 National Register properties, 3 Kansas Register properties, and 7 properties listed on the National Underground Railroad Network to Freedom that contribute to the Heritage Area as well as other significant properties that have not been designated at this time. (13) There is an interest in interpreting all sides of the Bleeding Kansas story that requires further work with several counties in Missouri interested in joining the area. (14) In 2004, the State of Kansas is commemorating the Sesquicentennial of the signing of the Kansas-Nebraska Act, opening the territory to settlement. (b) Purposes \nThe purposes of this Act are as follows: (1) To designate a region in eastern Kansas and western Missouri containing nationally important natural, historic, and cultural resources and recreational and educational opportunities that are geographically assembled and thematically related as areas that provide unique frameworks for understanding the great and diverse character of the United States and the development of communities and their surroundings as the Bleeding Kansas National Heritage Area. (2) To strengthen, complement, and support the Fort Scott, Brown v. Board of Education, Nicodemus and Tallgrass Prairie sites through the interpretation and conservation of the associated living landscapes outside of the boundaries of these units of the National Park System. (3) To describe the extent of Federal responsibilities and duties in regard to the Heritage Area. (4) To further collaboration and partnerships among Federal, State, and local governments, nonprofit organizations, and the private sector, or combinations thereof, to conserve and manage the resources and opportunities in the Heritage Area through grants, technical assistance, training and other means. (5) To authorize Federal financial and technical assistance to management entity to assist in the conservation and interpretation of the Heritage Area. (6) To empower communities and organizations in Kansas to preserve the special historic identity of Bleeding Kansas and with it the identity of the Nation. (7) To provide for the management, preservation, protection, and interpretation of the natural, historical, and cultural resources within the region for the educational and inspirational benefit of current and future generations. (8) To provide greater community capacity through inter-local cooperation. (9) To provide a vehicle, particularly in the four counties with high out-migration of population, to recognize that self-reliance and resilience will be the keys to their economic future. (10) To build upon the Kansas rural development policy, the Kansas agritourism initiative and the new homestead act to recognize inherent strengths of small towns and rural communities—close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (11) To educate and cultivate among its citizens, particularly its youth, the stories and cultural resources of the region’s legacy that— (A) reflect the popular phrase Bleeding Kansas describing the conflict over slavery that became nationally prominent in Kansas just before and during the American Civil War; (B) reflect the commitment of American settlers who first fought and killed to uphold their different and irreconcilable principles of freedom and equality during the years of the Kansas Conflict; (C) reflect the struggle for freedom, experienced during the Bleeding Kansas era, that continues to be a vital and pressing issue associated with the real problem of democratic nation building; and (D) recreate the physical environment revealing its impact on agriculture, transportation, trade and business, and social and cultural patterns in urban and rural settings. (12) To interpret the effect of the era’s democratic ethos on the development of America’s distinctive political culture.", "id": "H151249FC3B56494E8E14E4E78F19CFB", "header": "Findings and purpose" }, { "text": "3. Definitions \nFor the purposes of this Act: (1) Management entity \nThe term management entity means Territorial Kansas Heritage Alliance, recognized by the Secretary, in consultation with the chief executive officer of the State of Kansas, that agrees to perform the duties of a local coordinating entity under this Act. (2) Heritage area \nThe term Heritage Area means the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area in eastern Kansas and western Missouri. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Unit of local government \nThe term unit of local government means the government of a State, a political subdivision of a State, or an Indian tribe.", "id": "H49D07071755C422CAA4889A82136F39E", "header": "Definitions" }, { "text": "4. Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area \n(a) Establishment \nThere is established in the State of Kansas the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area. (b) Boundaries \nThe Heritage Area shall include the following: (1) An area located in eastern Kansas and western Missouri, consisting currently of Allen, Anderson, Bourbon, Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte Counties in Kansas and tentatively including additional counties in Kansas and western Missouri to be included in the development of the management plan. (2) Contributing sites, buildings, and districts within the area will be recommended by the management plan. (c) Map \nFinal boundary will be defined during the management plan development. A map of the Heritage Area shall be included in the management plan. The map shall be on file in the appropriate offices of the National Park Service, Department of the Interior. (d) Management entity \nThe management entity for the Heritage Area shall be Territorial Kansas Heritage Alliance, a nonprofit organization established in the State of Kansas, recognized by the Secretary, in consultation with the chief executive officer of the State of Kansas, that agrees to perform the duties of a local coordinating entity under this Act.", "id": "H432AC4F9D75C4E389EEB6B68842100AE", "header": "Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area" }, { "text": "5. Authorities, duties, and prohibitions of the management entity \n(a) Authorities \nThe management entity may, for purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) prepare a management plan for the Heritage Area; (2) prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (3) pay for operational expenses of the management entity incurred within the first 10 fiscal years beginning after the date of the enactment of this Act designating the Heritage Area; (4) make grants or loans to entities defined in the management plan; (5) enter into cooperative agreements with the State of Kansas, its political subdivisions, nonprofit organizations, and other organizations; (6) hire and compensate staff; (7) obtain money from any source under any program or law to be used for a regrant program requiring the recipient of such money to make a contribution in order to receive it; (8) contract for goods and services; and (9) offer a competitive grants program to contributing partners requiring a dollar-for-dollar match of Federal funds. (b) Duties of the management entity \nIn addition to developing the management plan, the management entity shall— (1) give priority to the implementation of actions, goals, strategies, and standards set forth in the management plan, including assisting units of government and other persons in— (A) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (B) establishing interpretive exhibits in the Heritage Area; (C) increasing public awareness of and appreciation for the cultural, historical, and natural resources of the Heritage Area; (D) supporting the restoration of historic buildings that are— (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; (E) the conservation of contributing landscapes and natural resources; and (F) the installation throughout the Heritage Area of signs identifying public access points and sites of interest; (2) prepare and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area; (3) conduct public meetings in conjunction with training and skill building workshops regarding the development and implementation of the management plan; and (4) for any fiscal year for which Federal funds are received under this Act— (A) submit to the Secretary a report that describes, for the year— (i) accomplishments of the management entity; (ii) expenses and income of the management entity; (iii) each entity to which a grant was made; and (iv) an accounting of matching funds obtained to meet grant guidelines; (B) conduct an annual audit with a neutral auditing firm and make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and (C) require, for all agreements authorizing expenditure of Federal funds by any entity, that the receiving entity make available for audit all records pertaining to the expenditure of their funds. (c) Prohibition of acquisition of real property \nThe management entity shall not use Federal funds received under this Act to acquire real property or an interest in real property. (d) Other sources \nNothing in this Act precludes the management entity from using Federal funds from other sources for authorized purposes.", "id": "HEEF631CC0B87449BA8BCF925578AFBF", "header": "Authorities, duties, and prohibitions of the management entity" }, { "text": "6. Management plan \n(a) Requirements \nThe management entity shall: (1) Management plan \nNot later than 3 years after the date funds are made available for this purpose, prepare and submit a management plan reviewed by participating units of local government within the boundaries of the proposed Heritage Area. (2) Collaboration \nCollaborate with and consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the geographic area of the Heritage Area in developing and implementing such a management plan. (3) Public involvement \nEnsure regular public involvement, including public meetings at least annually, regarding the implementation of the management plan. (b) Contents of management plan \nThe management plan prepared for the Heritage Area shall— (1) present a comprehensive program for the conservation, interpretation, funding, management, and development of the Heritage Area, in a manner consistent with the existing local, State, and Federal land use laws and compatible economic viability of the Heritage Area; (2) establish criteria or standards to measure what is selected for conservation, interpretation, funding, management, and development; (3) involve residents, public agencies, and private organizations working in the Heritage Area; (4) specify and coordinate, as of the date of the management plan, existing and potential sources of technical and financial assistance under this and other Federal laws to protect, manage, and develop the Heritage Area; and (5) include— (A) actions to be undertaken by units of government and private organizations to protect, conserve, and interpret the resources of the Heritage Area; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that meets the establishing criteria (such as, but not exclusive to, visitor readiness) to merit preservation, restoration, management, development, or maintenance because of its natural, cultural, historical, or recreational significance; (C) policies for resource management including the development of intergovernmental cooperative agreements, private sector agreements, or any combination thereof, to protect the historical, cultural, recreational, and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan by the designated management entity, in cooperation with its partners and units of local government; (E) evidence that relevant State, county, and local plans applicable to the Heritage Area have been taken into consideration; (F) an analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act; and (G) a business plan that— (i) describes in detail the role, operation, financing, and functions of the management entity for each activity included in the recommendations contained in the management plan; and (ii) provides, to the satisfaction of the Secretary, adequate assurances that the management entity is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants awarded under this Act. (c) Public notice \nThe management entity shall place a notice of each of its public meetings in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. (d) Disqualification from funding \nIf a proposed management plan is not submitted to the Secretary within 4 years of the date of the enactment of this Act, the management entity shall be ineligible to receive additional funding under this title until the date on which the Secretary receives the proposed management plan. (e) Approval and disapproval of management plan \nThe Secretary shall approve or disapprove the proposed management plan submitted under this title not later than 90 days after receiving such proposed management plan. (f) Action following disapproval \nIf the Secretary disapproves a proposed management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (g) Approval of amendments \nThe Secretary shall review and approve substantial amendments to the management plan. Funds appropriated under this title may not be expended to implement any changes made by such amendment until the Secretary approves the amendment.", "id": "HFAB2399CB1C64E0CA9D0BACAA1A09600", "header": "Management plan" }, { "text": "7. Technical and financial assistance; other Federal agencies \n(a) Technical and financial assistance \n(1) In general \nOn the request of the management entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance \nIn providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historic, and natural resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (3) Spending for non-Federal property \nThe management entity may expend Federal funds made available under this Act on non-Federal property that— (A) meets the criteria in the approved management plan; or (B) is listed or eligible for listing on the National Register of Historic Places. (4) Other assistance \nThe Secretary may enter into cooperative agreements with public and private organizations to carry out this subsection. (b) Other Federal agencies \nAny Federal entity conducting or supporting an activity that directly affects the Heritage Area shall— (1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan; (2) consult with the management entity regarding the activity; and (3) to the maximum extent practicable, conduct or support the activity to avoid adverse effects on the Heritage Area. (c) Other assistance not affected \nThis Act does not affect the authority of any Federal official to provide technical or financial assistance under any other law. (d) Notification of other Federal activities \nThe head of each Federal agency shall provide to the Secretary and the management entity, to the extent practicable, advance notice of all activities that may have an impact on the Heritage Area.", "id": "HDDBF4BB64BDF4A3AA7218E6195253302", "header": "Technical and financial assistance; other Federal agencies" }, { "text": "8. Private property protection \n(a) Access to private property \nNothing in this Act shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this Act shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands. (b) Liability \nDesignation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of authority to control land use \nNothing in this Act shall be construed to modify any authority of Federal, State, or local governments to regulate land use. (d) Participation of private property owners in heritage areas \nNothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Land use regulation \n(1) In general \nThe management entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area. (2) Effect \nNothing in this Act— (A) affects the authority of the State or local governments to regulate under law any use of land; or (B) grants any power of zoning or land use to the management entity. (f) Private property \n(1) In general \nThe management entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area. (2) Effect \nNothing in this Act— (A) abridges the rights of any person with regard to private property; (B) affects the authority of the State or local government regarding private property; or (C) imposes any additional burden on any property owner.", "id": "H1F06AA6B9FE6498788F187BFA32C3EAF", "header": "Private property protection" }, { "text": "9. Requirements for inclusion of private property \n(a) Notification and consent of property owners required \nNo privately owned property shall be governed by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such inclusion to the management entity. (b) Landowner withdraw \nAny owner of private property included within the boundary of the Heritage Area, and not notified under subsection (a), shall have their property immediately removed from the boundary by submitting a written request to the management entity.", "id": "HDC89A438F3A24C498719D630D3D08EF3", "header": "Requirements for inclusion of private property" }, { "text": "10. Savings provisions \n(a) Rules, regulations, standards, and permit processes \nNothing in this Act shall be construed to impose any environmental, occupational, safety, or other rule, regulation, standard, or permit process in the Heritage Area that is different from those that would be applicable if the Heritage Area had not been established. (b) Water and water rights \nNothing in this Act shall be construed to authorize or imply the reservation or appropriation of water or water rights. (c) No diminishment of state authority \nNothing in this Act shall be construed to diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area. (d) Existing national heritage areas \nNothing in this Act shall affect any national heritage area so designated before the date of the enactment of this Act.", "id": "HC884EAF6B2CF43DDB1CBD364B881882F", "header": "Savings provisions" }, { "text": "11. Authorization of Appropriations \n(a) In general \nThere is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-sharing requirement \nThe Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.", "id": "H189E9A380A4648B1AE1C38A16D6CE962", "header": "Authorization of Appropriations" }, { "text": "12. Termination of authority \nThe authority of the Secretary to provide assistance under this Act terminates on the date that is 10 years after the date of the enactment of this Act.", "id": "H28A1FC27EAA94795A61548743F455C00", "header": "Termination of authority" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Private Sector Preparedness Act of 2004.", "id": "H37C68C9048984FA59F05AFC71D18C0C", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Private sector organizations own 85 percent of the Nation’s infrastructure facilities and employ the vast majority of the Nation’s employees. The resources of these organizations, including property and personnel, can be coordinated in an emergency situation more efficiently than the population in general. (2) Private sector organizations are often unprepared for emergencies, whether resulting from a natural disaster or a terrorist incident. Although there have been exemplary efforts by select private sector organizations, emergency preparedness is not generally a priority for these organizations. (3) The hearings of and testimony before the National Commission on Terrorist Attacks Upon the United States demonstrated that the lack of emergency preparedness and evacuation planning, training, and exercises by private sector organizations may have contributed to additional casualties at the World Trade Center on September 11, 2001. (4) Although there may be an interest in promoting emergency preparedness within private sector organizations, there remains uncertainty and confusion as to the definition of appropriate and adequate preparedness and what actions these organizations should take. (5) Identifying standards and best practices is necessary to promote emergency preparedness by private sector organizations, in addition to educational activities to effectively communicate such standards and best practices.", "id": "HF956ECDE4BE94FA3A4A62687A624DD84", "header": "Findings" }, { "text": "3. Private sector emergency preparedness program \n(a) Establishment of preparedness program \nTitle V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. ) is amended by adding at the end the following: 510. Private sector emergency preparedness program \n(a) Preparedness program \nNot later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, including emergencies resulting from acts of terrorism. (b) Program elements \nIn carrying out the program, the Secretary shall develop guidance and identify best practices to assist or foster action by the private sector in— (1) identifying hazards and assessing risks and impacts; (2) mitigating the impacts of a wide variety of hazards, including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and warning systems; (7) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (8) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (9) developing procedures to respond to external requests for information from the media and the public. (c) Standards \n(1) In general \nThe Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as practicable. Such standards include the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs. (2) Consultation \nThe Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the Private Sector. (d) Coordination \nThe Secretary shall coordinate the program with, and utilize to the maximum extent practicable— (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2) any existing private sector emergency preparedness guidance or best practices developed by private sector industry associations or other organizations.. (b) Conforming amendment \nThe table of contents contained in section 1(b) of such Act (116 Stat. 2135) is amended by inserting after the item relating to section 509 the following: Sec. 510. Private sector emergency preparedness program.", "id": "HC5C4D8867F2C407E8F3DA36EE6FE011", "header": "Private sector emergency preparedness program" }, { "text": "510. Private sector emergency preparedness program \n(a) Preparedness program \nNot later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, including emergencies resulting from acts of terrorism. (b) Program elements \nIn carrying out the program, the Secretary shall develop guidance and identify best practices to assist or foster action by the private sector in— (1) identifying hazards and assessing risks and impacts; (2) mitigating the impacts of a wide variety of hazards, including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and warning systems; (7) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (8) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (9) developing procedures to respond to external requests for information from the media and the public. (c) Standards \n(1) In general \nThe Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as practicable. Such standards include the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs. (2) Consultation \nThe Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the Private Sector. (d) Coordination \nThe Secretary shall coordinate the program with, and utilize to the maximum extent practicable— (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2) any existing private sector emergency preparedness guidance or best practices developed by private sector industry associations or other organizations.", "id": "H1D7273337FC14405B5D927692E8C8B6", "header": "Private sector emergency preparedness program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the New Shipper Review Amendment Act of 2004.", "id": "HDCF5E53398654E789974B8C9CF180000", "header": "Short title" }, { "text": "2. Temporary suspension of new shipper bonding privileges \nClause (iii) of section 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B)(iii) ) shall not be effective during the 3-year period beginning on the date of the enactment of this Act.", "id": "H4B5B3583546F4B06A57275E7722D6CF2", "header": "Temporary suspension of new shipper bonding privileges" }, { "text": "3. Report to Congress \nNot later than 2 years after the date of the enactment of this Act, the Commissioner of Customs, the Secretary of Commerce, and the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing— (1) recommendations on whether the suspension of the effectiveness of section 751(a)(2)(B)(iii) of the Tariff Act of 1930 should be extended beyond the date provided in section 2 of this Act; and (2) assessments of the effectiveness of any administrative measures that have been implemented to address the difficulties giving rise to section 2 of this Act, including— (A) problems in assuring the collection of antidumping duties on imports from new shippers; (B) administrative burdens imposed on the Department of Commerce by new shipper reviews; and (C) the use of the bonding privilege by importers from new shippers to circumvent the effect of antidumping duty orders.", "id": "H9AB239425DEF4EDB99E67C5673BB98D", "header": "Report to Congress" } ]

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

[ { "text": "1. Protection of Coal Industry Health Benefits \n(a) Prohibition on termination or modification of benefits \nSection 9711(g) of the Internal Revenue Code of 1986 (relating to rules applicable to this part and part II) is amended by adding at the end the following: (3) Prohibition on termination and modification of benefits \nExcept as provided in subsection (d), the benefits required to be provided by a last signatory operator under this chapter may not be terminated or modified by any court in a proceeding under title 11 of the United States Code or by agreement at any time when such operator is participating in such a proceeding.. (b) Effective date \nThe amendments made by this section shall take effect on January 1, 2004.", "id": "H026F6275A7EF474296A58075EBB30805", "header": "Protection of Coal Industry Health Benefits" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Health Museum Act of 2004.", "id": "H82A43A91C2E44EC38613BE7500910080", "header": "Short title" }, { "text": "2. Purpose \nThe purpose of this Act is to provide for a site to be used for the construction and operation of a national health museum.", "id": "H57FC4F4F45CC4E398452775603FA733D", "header": "Purpose" }, { "text": "3. Definitions \nIn this Act, the following definitions apply: (1) Administrator \nThe term Administrator means the Administrator of General Services. (2) CERCLA \nThe term CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (3) Committees \nThe term Committees means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum \nThe term Museum means the National Health Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Northern portion of the property \nThe term northern portion of the property means that portion of the property which the Administrator and Museum deem appropriate for the museum facility. (6) Property \nThe term property means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326, and the westerly portions of Squares 351 and 352, including the parcel and structure commonly known as the Cotton Annex. The property is generally bounded by 12th Street, Independence Avenue, Maryland Avenue, the James Forrestal Building, and L’Enfant Plaza, all in Southwest, Washington, D.C., and shall include all associated air rights, improvements thereon, and appurtenances thereto. (7) Southern portion of the property \nThe term southern portion of the property means that portion of the property other than the northern portion of the property.", "id": "H95F0D146B2D1443AAACF00B5859D16AD", "header": "Definitions" }, { "text": "4. Conveyance of property \n(a) Authority to convey \n(1) In general \nSubject to the requirements of this Act, the Administrator shall convey the property to the Museum on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement \nAs soon as practicable, but not later than 60 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions \nThe terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (4) Separate conveyance of northern and southern portions \nUnder the agreement, the Administrator shall convey the northern portion of the property separately from and, if so agreed by the Administrator and the Museum, at a different time than the southern portion of the property. (b) Purchase price \n(1) In general \nThe purchase price for the property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser \nThe appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal \n(A) In general \nExcept as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms \nThe following terms and conditions shall apply to the appraisal: (i) The appraisal shall assume that the property does not contain hazardous substances (as defined in section 101 of CERCLA ( 42 U.S.C. 9601 )) which require remedial action (as defined in such section). (ii) The appraisal shall state a value for the property as a whole as well as separate values for the northern portion and southern portion of the property, taking into consideration the impact to value (if any) resulting from a conveyance of less than the entirety of the property. (c) Application of proceeds \nThe purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator; except that the Administrator shall provide the Committees with 30 days advance written notice of any expenditure of the proceeds. (d) Quit claim deed \n(1) In general \nThe property shall be conveyed pursuant to 2 quit claim deeds (one for the northern portion and one for the southern portion of the property), each of which shall contain the covenants required by section 120(h) of CERCLA ( 42 U.S.C. 9620 ). (2) Limitation on liability \nThe United States shall not be liable or responsible pursuant to paragraph (1) for any additional remedial action— (A) with respect to hazardous substances not existing on the property as of the date of conveyance, unless the presence of such hazardous substances on the property was caused by the United States; or (B) caused, required, or arising out of actions of the Museum, its affiliate, any successor thereto, or any of their respective agents, contractors, or assigns. (e) Use restriction \nThe northern portion of the property shall be dedicated for use as a site for a national health museum for the 99-year period beginning on date of conveyance of that portion to the Museum. (f) Reversion \n(1) Bases for reversion \nThe northern portion of the property shall revert to the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if — (A) that portion is not used as a site for a national health museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on that portion in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement \nThe Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion \nIf any portion of the property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (g) Closing \n(1) Deadline \nThe Administrator shall convey the northern and southern portions of the property not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 6(a). (2) Applicability of requirements \nThe requirements of this Act shall remain in full force and effect with respect to any portion of the property conveyed before the deadline established by paragraph (1) or any extension.", "id": "HDFCDC56536D0421B85E2323BFF296279", "header": "Conveyance of property" }, { "text": "5. Office lease \n(a) Negotiation and execution \n(1) Terms and conditions \nNotwithstanding any other provision of law, the Administrator and the Museum (or its affiliate) shall, within 60 days after entering into the agreement described in section 4(a)(2), negotiate the terms and conditions, consistent with this section, of a lease pursuant to which the Administrator would lease approximately 250,000 square feet in a building to be constructed by the Museum on the southern portion of the property. (2) Timing \nThe Administrator and Museum shall execute the lease not later than the date of the conveyance of the southern portion of the property. (b) Rent \n(1) Below market rate \nThe effective rent charged to the Administrator as part of the lease entered into under this section shall be below prevailing market rates for similar space in Southwest, Washington, D.C., as agreed to between the Administrator and the Museum (or its affiliate). (2) Authority to apply proceeds toward rent \nThe Administrator may apply any or all of the proceeds from conveyance of the property toward the rental charges incurred by the United States under the lease if the Administrator otherwise complies with the notice requirement set forth in section 4(c). Any such application of proceeds toward rent shall not be considered in determining that the rent charged under the lease is below prevailing market rates as required in this section. (c) Operating lease \nThe lease entered into under this section shall be on terms and conditions that allow such lease to be scored as an operating lease in accordance with guidance published by the Office of Management and Budget. (d) Condition to conveyance \nThe execution of the lease under this section shall be a precondition to conveyance of the southern portion of the property to the Museum.", "id": "HC3C63E0BDCE74A0B9EFA46C3976BAE07", "header": "Office lease" }, { "text": "6. Environmental matters \n(a) Liabilities and responsibilities \nThe agreement entered into under section 4(a)(2) shall provide that the Museum will conduct any environmental remediation activity with respect to the property, and bear the costs of any such activity, except as otherwise provided by section 4(d) and subsection (b) of this section. (b) Crediting of remediation costs \nAny costs of environmental remediation activities referred to in subsection (a) shall be credited to the purchase price for the property up to an amount not greater than the purchase price for the property. (c) Scope of remediation activities \nThe scope of any required environmental remediation activity with respect to the property shall be as required by section 120 of CERCLA ( 42 U.S.C. 9620 ).", "id": "HC445C6AD55214B1EB5954C74054F9FD2", "header": "Environmental matters" }, { "text": "7. Incidental costs \n(a) Responsibilities \nExcept as otherwise specifically provided by this Act, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. (b) Relocation of existing tenants \nThe costs of relocating existing tenants (including the costs of related studies), shall be paid by the Museum up to an amount to be agreed upon by the Administrator and Museum in the agreement entered into under section 4(a)(2), and any costs in excess of such agreed upon amount shall be credited to the purchase price for the property upon the closing on the portion of the property first conveyed.", "id": "HA8FD61892E6B4909A95865F95FB51DA", "header": "Incidental costs" }, { "text": "8. Land use approvals \n(a) Existing authorities \nNothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation \n(1) Zoning and land use \nSubject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations \nThe Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act.", "id": "HA159DD7D3BEF4854933D32C980A4A7FB", "header": "Land use approvals" }, { "text": "9. Reports \nNot later than one year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.", "id": "HA3F23D1E79AC43E0A7F4F057C91E0A5", "header": "Reports" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Save Our Waters From Sewage Act of 2004.", "id": "H6DD71E9A1AEE4D8AB8076109676800B1", "header": "Short title" }, { "text": "2. Prohibition on sewage dumping \nIn administering the National Pollutant Discharge Elimination System permit program under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Administrator of the Environmental Protection Agency shall not promulgate any regulations or issue any guidance documents that would authorize a publicly-owned treatment works to divert flows to bypass a portion of its treatment facility unless the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage.", "id": "HE8C79E3C93C74ABF83FBE9A7C8C004D", "header": "Prohibition on sewage dumping" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Invest in American Workers Act of 2004.", "id": "HC8F4C1BD18CD448EB6C22C713D77E181", "header": "Short title" }, { "text": "2. Extension of trade adjustment assistance to services sector \n(a) Adjustment assistance for workers \n(1) Eligibility \nSection 221(a)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1)(A) ) is amended by striking firm) and inserting firm, and workers in a service sector firm or subdivision of a service sector firm. (2) Group eligibility requirements \nSection 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; (ii) in paragraph (2)— (I) in subparagraph (A)(ii), by striking like or directly competitive with articles produced and inserting or services like or directly competitive with articles produced or services provided ; and (II) by inserting after subparagraph (B) the following: (C) (i) there has been a shift, by such workers’ firm or subdivision to a foreign country, in provision of services like or directly competitive with services which are provided by such firm or subdivision; or (ii) such workers’ firm or subdivision has obtained or is likely to obtain services described in clause (i) from a foreign country ; (B) in subsection (b), in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; and (C) in subsection (c)(3)— (i) by inserting (or subdivision) after such other firm ; and (ii) by striking , if the certification and all that follows through Mexico. (3) Definitions \nSection 247 of the Trade Act of 1974 ( 19 U.S.C. 2319 ) is amended by inserting after paragraph (6) the following: (7) The term service sector firm means an entity engaged in the business of providing information technology or other high technology services.. (b) Trade adjustment assistance for firms and industries \n(1) Firms \n(A) Assistance \nSection 251 of the Trade Act of 1974 ( 19 U.S.C. 2341 ) is amended— (i) in subsection (a), by inserting or service sector firm after (including any agricultural firm ; and (ii) in subsection (c)(1)— (I) in the matter preceding subparagraph (A), by inserting or service sector firm after any agricultural firm ; (II) in subparagraph (B)(ii), by inserting or service after of an article ; and (III) in subparagraph (C), by striking articles like or directly competitive with articles which are produced and inserting articles or services like or directly competitive with articles or services which are produced or provided. (B) Definition \nSection 261 of the Trade Act of 1974 ( 19 U.S.C. 2351 ) is amended— (i) by striking For purposes of and inserting (a) Firm.— For purposes of ; and (ii) by adding at the end the following: (b) Service sector firm \nFor purposes of this chapter, the term service sector firm means a firm engaged in the business of providing services.. (2) Industries \nSection 265(a) of the Trade Act of 1974 ( 19 U.S.C. 2355(a) ) is amended by inserting or service after new product.", "id": "H471FC58BB97243BB9C748025E342364D", "header": "Extension of trade adjustment assistance to services sector" }, { "text": "3. Trade Adjustment Assistance for communities \n(a) In General \nChapter 4 of title II of the Trade Act of 1974 ( 19 U.S.C. 2371 et seq. ) is amended to read as follows: 4 Trade Adjustment Assistance for communities \n271. Definitions \nIn this chapter: (1) Affected domestic producer \nThe term affected domestic producer means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 1921, or by an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. (2) Agricultural commodity producer \nThe term agricultural commodity producer has the same meaning as the term person as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 ( 7 U.S.C. 1308(5) ). (3) Community \nThe term community means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade. (4) Community negatively impacted by trade \nA community negatively impacted by trade means a community with respect to which a determination has been made under section 273. (5) Eligible community \nThe term eligible community means a community certified under section 273 for assistance under this chapter. (6) Fisherman \n(A) In general \nThe term fisherman means any person who— (i) is engaged in commercial fishing; or (ii) is a United States fish processor. (B) Commercial fishing, fish, fishery, fishing, fishing vessel, person, and United States fish processor \nThe terms commercial fishing , fish , fishery , fishing , fishing vessel , person , and United States fish processor have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ). (7) Job loss \nThe term job loss means the total or partial separation of an individual, as those terms are defined in section 247. (8) Secretary \nThe term Secretary means the Secretary of Commerce. 272. Community Trade Adjustment Assistance Program \n(a) Establishment \nWithin 6 months after the date of enactment of the Invest in American Workers Act of 2004 , the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce. (b) Personnel \nThe Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter. (c) Coordination of Federal response \nThe Secretary shall— (1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities; (2) coordinate the Federal response to an eligible community— (A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress; (B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance; (C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and (D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment; (3) provide comprehensive technical assistance to any eligible community in the efforts of that community to— (A) identify serious economic problems in the community that are the result of negative impacts from trade; (B) integrate the major groups and organizations significantly affected by the economic adjustment; (C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance; (D) diversify and strengthen the community economy; and (E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen; (4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d); (5) establish specific criteria for submitting and evaluating applications for grants under section 275; (6) administer the grant programs established under sections 274 and 275; and (7) establish an interagency Trade Adjustment Assistance for Communities Working Group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appropriate. 273. Certification and notification \n(a) Certification \nNot later than 45 days after an event described in subsection (c)(1), the Secretary of Commerce shall determine if a community described in subsection (b)(1) is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. (b) Determination that community is eligible \n(1) Community described \nA community described in this paragraph means a community with respect to which on or after October 1, 2004— (A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pursuant to section 223; (B) the Secretary of Commerce certifies a firm located in the community as eligible for adjustment assistance under section 251; (C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible for adjustment assistance under section 293; (D) an affected domestic producer is located in the community; or (E) the Secretary determines that a significant number of fishermen in the community is negatively impacted by trade. (2) Negatively impacted by trade \nThe Secretary shall determine that a community is negatively impacted by trade, after taking into consideration— (A) the number of jobs affected compared to the size of workforce in the community; (B) the severity of the rates of unemployment in the community and the duration of the unemployment in the community; (C) the income levels and the extent of underemployment in the community; (D) the outmigration of population from the community and the extent to which the outmigration is causing economic injury in the community; and (E) the unique problems and needs of the community. (c) Definition and special rules \n(1) Event described \nAn event described in this paragraph means one of the following: (A) A notification described in paragraph (2). (B) A certification of a firm under section 251. (C) A finding under the Antidumping Act of 1921, or an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. (D) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade. (2) Notification \nThe Secretary of Labor, immediately upon making a determination that a group of workers is eligible for trade adjustment assistance under section 223, (or the Secretary of Agriculture, immediately upon making a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) shall notify the Secretary of Commerce of the determination. (3) Look back \nIn any case in which an event described in paragraph (1) occurred on or after January 1, 1998, and before the effective date of this chapter, the Secretary shall, not later than 45 days after such effective date, determine whether the community is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. (d) Notification to eligible communities \nImmediately upon certification by the Secretary of Commerce that a community is eligible for assistance under subsection (b), the Secretary shall notify the community— (1) of the determination under subsection (b); (2) of the provisions of this chapter; (3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance; (4) how to obtain technical assistance provided under section 272(c)(3); and (5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance. 274. Strategic plans \n(a) In general \nAn eligible community may develop a strategic plan for community economic adjustment and diversification. (b) Requirements for strategic plan \nA strategic plan shall contain, at a minimum, the following: (1) A description and justification of the capacity for economic adjustment, including the method of financing to be used. (2) A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation. (3) A description of the projects to be undertaken by the eligible community. (4) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community. (5) A description of how the plan will achieve economic adjustment and diversification. (6) A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment. (7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community. (8) A description of how the plan will address the occupational and workforce conditions in the eligible community. (9) A description of the educational programs available for workforce training and future employment needs. (10) A description of how the plan will adapt to changing markets and business cycles. (11) A description and justification for the cost and timing of the total funds required by the community for economic assistance. (12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance. (c) Grants to develop strategic plans \nThe Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop the strategic plan. (d) Submission of plan \nA strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval. 275. Grants for economic development \n(a) In general \nThe Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan. (b) Additional grants \n(1) In general \nSubject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a), the Secretary may, on the application of an eligible community, make a supplemental grant to the community if— (A) the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and (B) the grant is 1 for which the community is eligible except for the community’s inability to meet the non-Federal share requirements of the grant program. (2) Use as non-federal share \nA supplemental grant made under this subsection may be used to provide the non-Federal share of a project, unless the total Federal contribution to the project for which the grant is being made exceeds 80 percent and that excess is not permitted by law. (c) Rural community preference \nThe Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources. 276. General provisions \n(a) Regulations \nThe Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. Before implementing any regulation or guideline proposed by the Secretary with respect to this chapter, the Secretary shall submit the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives for approval. (b) Supplement not supplant \nFunds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary $350,000,000 for each of fiscal years 2005 through 2008, to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.. (b) Conforming amendments \n(1) Termination \nSection 285(b) of the Trade Act of 1974 ( 19 U.S.C. 2271 note) is amended by adding at the end the following new paragraph: (3) Assistance for communities \nTechnical assistance and other payments may not be provided under chapter 4 after September 30, 2008.. (2) Table of contents \nThe table of contents for title II of the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting after the items relating to chapter 3 the following new items: Chapter 4—Trade Adjustment Assistance for Communities Sec. 271. Definitions Sec. 272. Community Trade Adjustment Assistance Program Sec. 273. Certification and notification Sec. 274. Strategic plans Sec. 275. Grants for economic development Sec. 276. General provisions. (3) Judicial review \nSection 284(a) of the Trade Act of 1974 ( 19 U.S.C. 2395(a) ) is amended by striking section 271 and inserting section 273. (c) Effective date \nThe provisions of this section shall take effect on October 1, 2004.", "id": "H8C225A45418E19E32269AE8268F26F2", "header": "Trade Adjustment Assistance for communities" }, { "text": "271. Definitions \nIn this chapter: (1) Affected domestic producer \nThe term affected domestic producer means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 1921, or by an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. (2) Agricultural commodity producer \nThe term agricultural commodity producer has the same meaning as the term person as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 ( 7 U.S.C. 1308(5) ). (3) Community \nThe term community means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade. (4) Community negatively impacted by trade \nA community negatively impacted by trade means a community with respect to which a determination has been made under section 273. (5) Eligible community \nThe term eligible community means a community certified under section 273 for assistance under this chapter. (6) Fisherman \n(A) In general \nThe term fisherman means any person who— (i) is engaged in commercial fishing; or (ii) is a United States fish processor. (B) Commercial fishing, fish, fishery, fishing, fishing vessel, person, and United States fish processor \nThe terms commercial fishing , fish , fishery , fishing , fishing vessel , person , and United States fish processor have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ). (7) Job loss \nThe term job loss means the total or partial separation of an individual, as those terms are defined in section 247. (8) Secretary \nThe term Secretary means the Secretary of Commerce.", "id": "H70FB4FD0410D32B746FA05B525E6F83", "header": "Definitions" }, { "text": "272. Community Trade Adjustment Assistance Program \n(a) Establishment \nWithin 6 months after the date of enactment of the Invest in American Workers Act of 2004 , the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce. (b) Personnel \nThe Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter. (c) Coordination of Federal response \nThe Secretary shall— (1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities; (2) coordinate the Federal response to an eligible community— (A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress; (B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance; (C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and (D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment; (3) provide comprehensive technical assistance to any eligible community in the efforts of that community to— (A) identify serious economic problems in the community that are the result of negative impacts from trade; (B) integrate the major groups and organizations significantly affected by the economic adjustment; (C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance; (D) diversify and strengthen the community economy; and (E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen; (4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d); (5) establish specific criteria for submitting and evaluating applications for grants under section 275; (6) administer the grant programs established under sections 274 and 275; and (7) establish an interagency Trade Adjustment Assistance for Communities Working Group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appropriate.", "id": "H595E21644A75B33F499E0BB1F7172E3", "header": "Community Trade Adjustment Assistance Program" }, { "text": "273. Certification and notification \n(a) Certification \nNot later than 45 days after an event described in subsection (c)(1), the Secretary of Commerce shall determine if a community described in subsection (b)(1) is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. (b) Determination that community is eligible \n(1) Community described \nA community described in this paragraph means a community with respect to which on or after October 1, 2004— (A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pursuant to section 223; (B) the Secretary of Commerce certifies a firm located in the community as eligible for adjustment assistance under section 251; (C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible for adjustment assistance under section 293; (D) an affected domestic producer is located in the community; or (E) the Secretary determines that a significant number of fishermen in the community is negatively impacted by trade. (2) Negatively impacted by trade \nThe Secretary shall determine that a community is negatively impacted by trade, after taking into consideration— (A) the number of jobs affected compared to the size of workforce in the community; (B) the severity of the rates of unemployment in the community and the duration of the unemployment in the community; (C) the income levels and the extent of underemployment in the community; (D) the outmigration of population from the community and the extent to which the outmigration is causing economic injury in the community; and (E) the unique problems and needs of the community. (c) Definition and special rules \n(1) Event described \nAn event described in this paragraph means one of the following: (A) A notification described in paragraph (2). (B) A certification of a firm under section 251. (C) A finding under the Antidumping Act of 1921, or an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. (D) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade. (2) Notification \nThe Secretary of Labor, immediately upon making a determination that a group of workers is eligible for trade adjustment assistance under section 223, (or the Secretary of Agriculture, immediately upon making a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) shall notify the Secretary of Commerce of the determination. (3) Look back \nIn any case in which an event described in paragraph (1) occurred on or after January 1, 1998, and before the effective date of this chapter, the Secretary shall, not later than 45 days after such effective date, determine whether the community is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. (d) Notification to eligible communities \nImmediately upon certification by the Secretary of Commerce that a community is eligible for assistance under subsection (b), the Secretary shall notify the community— (1) of the determination under subsection (b); (2) of the provisions of this chapter; (3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance; (4) how to obtain technical assistance provided under section 272(c)(3); and (5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance.", "id": "HF979D69F41D575397DC473B125D1EAE", "header": "Certification and notification" }, { "text": "274. Strategic plans \n(a) In general \nAn eligible community may develop a strategic plan for community economic adjustment and diversification. (b) Requirements for strategic plan \nA strategic plan shall contain, at a minimum, the following: (1) A description and justification of the capacity for economic adjustment, including the method of financing to be used. (2) A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation. (3) A description of the projects to be undertaken by the eligible community. (4) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community. (5) A description of how the plan will achieve economic adjustment and diversification. (6) A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment. (7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community. (8) A description of how the plan will address the occupational and workforce conditions in the eligible community. (9) A description of the educational programs available for workforce training and future employment needs. (10) A description of how the plan will adapt to changing markets and business cycles. (11) A description and justification for the cost and timing of the total funds required by the community for economic assistance. (12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance. (c) Grants to develop strategic plans \nThe Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop the strategic plan. (d) Submission of plan \nA strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval.", "id": "H04B5071B4E3B6FDA560750A2BF0F537", "header": "Strategic plans" }, { "text": "275. Grants for economic development \n(a) In general \nThe Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan. (b) Additional grants \n(1) In general \nSubject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a), the Secretary may, on the application of an eligible community, make a supplemental grant to the community if— (A) the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and (B) the grant is 1 for which the community is eligible except for the community’s inability to meet the non-Federal share requirements of the grant program. (2) Use as non-federal share \nA supplemental grant made under this subsection may be used to provide the non-Federal share of a project, unless the total Federal contribution to the project for which the grant is being made exceeds 80 percent and that excess is not permitted by law. (c) Rural community preference \nThe Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources.", "id": "H66B882EE467EBF96A80E138B31DBEE0", "header": "Grants for economic development" }, { "text": "276. General provisions \n(a) Regulations \nThe Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. Before implementing any regulation or guideline proposed by the Secretary with respect to this chapter, the Secretary shall submit the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives for approval. (b) Supplement not supplant \nFunds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary $350,000,000 for each of fiscal years 2005 through 2008, to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H4AF9967749FD0B86B7ADE3A4C3BB2A0", "header": "General provisions" }, { "text": "4. Waiver of delimiting period for educational assistance under the Montgomery GI Bill for veterans who file claims for unemployment compensation \nSection 3031 of title 38, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); (2) by striking (b) through (g) in the matter preceding paragraph (1) of subsection (a) and inserting (b) through (h) ; and (3) by inserting after subsection (g) the following new subsection (h): (h) (1) In the case of a qualified individual (described in paragraph (2)), the 10-year period described in subsection (a) for the use of entitlement under this chapter shall not apply. (2) A qualified individual referred to in paragraph (1) is an individual— (A) with respect to whom, the 10-year period described in subsection (a) has expired; (B) who, on the last day of such 10-year period, had remaining entitlement to educational assistance under this chapter; and (C) who demonstrates to the Secretary that the individual has filed a claim for benefits under a State unemployment compensation law on or after the date of the enactment of this subsection. (3) A qualified individual may only use entitlement to educational assistance for programs of education pursued on or after the date the individual files an application referred to in paragraph (2)(C)..", "id": "H4B507666A9F5433B008BD84B4BBBF388", "header": "Waiver of delimiting period for educational assistance under the Montgomery GI Bill for veterans who file claims for unemployment compensation" }, { "text": "5. Increase in credit amount of health insurance costs of eligible individuals \n(a) In general \nSection 35(a) of the Internal Revenue Code of 1986 is amended by striking 65 percent and inserting 100 percent. (b) Conforming amendment \nSection 7527(b) of such Code is amended by striking 65 percent of. (c) Effective date \nThe amendments made by this section shall apply to payments after December 31, 2003.", "id": "HC51CA8B9464448E1960202ED74BFAAE6", "header": "Increase in credit amount of health insurance costs of eligible individuals" }, { "text": "6. Unlimited penalty-free distributions from qualified retirement plans to individuals after separation from employment \n(a) Unlimited penalty-free distributions to unemployed individuals \nClause (i) of section 72(t)(2)(D) of the Internal Revenue Code of 1986 is amended to read as follows: (i) In general \nDistributions from a qualified retirement plan to an individual after separation from employment— (I) if the individual has received unemployment compensation for 12 consecutive weeks under any Federal or State unemployment compensation law by reason of such separation, and (II) if such distributions are made during any taxable year during which such unemployment compensation is paid or the succeeding taxable year.. (b) Conforming amendment \nThe heading for subparagraph (D) of section 72(t)(2) of such Code is amended in the heading by striking for health insurance premiums. (c) Effective date \nThe amendments made by this section shall apply to distributions after December 31, 2003.", "id": "H62D2CB1B50CD47CB97E4659911E3F467", "header": "Unlimited penalty-free distributions from qualified retirement plans to individuals after separation from employment" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Child Protection and Home Safety Act of 2004.", "id": "H3FC9B397D345421192C8ECDDE3102789", "header": "Short title" }, { "text": "2. Credit for residential gun safe purchases \n(a) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. Purchase of residential gun safes \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the amount paid or incurred by the taxpayer during such taxable year for the purchase of a qualified residential gun safe. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) with respect to any qualified residential gun safe shall not exceed $250. (2) Carryforward of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the purchase or purchases are made. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Qualified residential gun safe \nFor purposes of this section, the term qualified residential gun safe means a container not intended for the display of firearms which is specifically designed to store or safeguard firearms from unauthorized access and which meets a performance standard for an adequate security level established by objective testing. (d) Special rules \n(1) Denial of double benefit \nNo deduction shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section. (2) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (3) Marital status \nMarital status shall be determined in accordance with section 7703. (e) Election to have credit not apply \nA taxpayer may elect to have this section not apply for any taxable year. (f) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to ensure that residential gun safes qualifying for the credit meet design and performance standards sufficient to ensure the provisions of this section are carried out. (g) Statutory construction; evidence; use of information \n(1) Statutory construction \nNothing in this section shall be construed— (A) as creating a cause of action against any firearms dealer or any other person for any civil liability, or (B) as establishing any standard of care. (2) Evidence \nNotwithstanding any other provision of law, evidence regarding the use or nonuse by a taxpayer of the tax credit under this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity for the purposes of establishing liability based on a civil action brought on any theory for harm caused by a product or by negligence, or for purposes of drawing an inference that the taxpayer owns a firearm. (3) Use of information \nNo database identifying gun owners may be created using information from tax returns on which the credit under this section is claimed.. (b) Conforming amendment \nSection 6501(m) of the Internal Revenue Code of 1986 is amended by inserting 25C(e), before 30(d)(4),. (c) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter I of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Purchase of residential gun safes. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H61D89A7C8FD1418AB8D3096B22967EA2", "header": "Credit for residential gun safe purchases" }, { "text": "25C. Purchase of residential gun safes \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the amount paid or incurred by the taxpayer during such taxable year for the purchase of a qualified residential gun safe. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) with respect to any qualified residential gun safe shall not exceed $250. (2) Carryforward of unused credit \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the purchase or purchases are made. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (c) Qualified residential gun safe \nFor purposes of this section, the term qualified residential gun safe means a container not intended for the display of firearms which is specifically designed to store or safeguard firearms from unauthorized access and which meets a performance standard for an adequate security level established by objective testing. (d) Special rules \n(1) Denial of double benefit \nNo deduction shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section. (2) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (3) Marital status \nMarital status shall be determined in accordance with section 7703. (e) Election to have credit not apply \nA taxpayer may elect to have this section not apply for any taxable year. (f) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to ensure that residential gun safes qualifying for the credit meet design and performance standards sufficient to ensure the provisions of this section are carried out. (g) Statutory construction; evidence; use of information \n(1) Statutory construction \nNothing in this section shall be construed— (A) as creating a cause of action against any firearms dealer or any other person for any civil liability, or (B) as establishing any standard of care. (2) Evidence \nNotwithstanding any other provision of law, evidence regarding the use or nonuse by a taxpayer of the tax credit under this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity for the purposes of establishing liability based on a civil action brought on any theory for harm caused by a product or by negligence, or for purposes of drawing an inference that the taxpayer owns a firearm. (3) Use of information \nNo database identifying gun owners may be created using information from tax returns on which the credit under this section is claimed.", "id": "H9132B75CEF094911A595704D3C1D7D5E", "header": "Purchase of residential gun safes" } ]

[ { "text": "1. Designation \nThe United States courthouse at 300 North Hogan Street, Jacksonville, Florida, shall be known and designated as the Judge Bryan Simpson United States Courthouse.", "id": "HE5F368F4B7304BD184F6BD9634186898", "header": "Designation" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Judge Bryan Simpson United States Courthouse.", "id": "H9153ED93B4794663AFB5CB187879B005", "header": "References" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Ending the Medicare Disability Waiting Period Act of 2004. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Phase out of waiting period for medicare disability benefits Sec. 3. Elimination of waiting period for individuals with life-threatening conditions Sec. 4. Institute of medicine study and report on delay and prevention of disability conditions", "id": "HB7122C613A6540B5A21244227B3BFDF", "header": "Short title; table of contents" }, { "text": "2. Phase out of waiting period for medicare disability benefits \n(a) In general \nSection 226(b) of the Social Security Act ( 42 U.S.C. 426(b) ) is amended— (1) in paragraph (2)(A), by striking , and has for 24 calendar months been entitled to, and inserting , and for the waiting period (as defined in subsection (k)) has been entitled to, ; (2) in paragraph (2)(B), by striking , and has been for not less than 24 months, and inserting , and has been for the waiting period (as defined in subsection (k)), ; (3) in paragraph (2)(C)(ii), by striking , including the requirement that he has been entitled to the specified benefits for 24 months, and inserting , including the requirement that the individual has been entitled to the specified benefits for the waiting period (as defined in subsection (k)), ; and (4) in the flush matter following paragraph (2)(C)(ii)(II)— (A) in the first sentence, by striking for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and and inserting for each month beginning after the waiting period (as so defined) for which the individual satisfies paragraph (2) and ; (B) in the second sentence, by striking the twenty-fifth month of his entitlement refers to the first month after the twenty-fourth month of entitlement to specified benefits referred to in paragraph (2)(C) and ; and (C) in the third sentence, by striking , but not in excess of 78 such months. (b) Schedule for phase out of waiting period \nSection 226 of the Social Security Act ( 42 U.S.C. 426 ) is amended by adding at the end the following new subsection: (k) For purposes of subsection (b) (and for purposes of section 1837(g)(1) of this Act and section 7(d)(2)(ii) of the Railroad Retirement Act of 1974), the term waiting period means— (1) for 2005, 18 months; (2) for 2006, 16 months; (3) for 2007, 14 months; (4) for 2008, 12 months; (5) for 2009, 10 months; (6) for 2010, 8 months; (7) for 2011, 6 months; (8) for 2012, 4 months; (9) for 2013, 2 months; and (10) for 2014 and each subsequent year, 0 months.. (c) Conforming amendments \n(1) Sunset \nEffective January 1, 2014, subsection (f) of section 226 of the Social Security Act ( 42 U.S.C. 426 ) is repealed. (2) Medicare description \nSection 1811(2) of such Act ( 42 U.S.C. 1395c(2) ) is amended by striking entitled for not less than 24 months and inserting entitled for the waiting period (as defined in section 226(k)). (3) Medicare coverage \nSection 1837(g)(1) of such Act ( 42 U.S.C. 1395p(g)(1) ) is amended by striking of the later of (A) April 1973 or (B) the third month before the 25th month of such entitlement and inserting of the third month before the first month following the waiting period (as defined in section 226(k)) applicable under section 226(b). (4) Railroad retirement system \nSection 7(d)(2)(ii) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f(d)(2)(ii) ) is amended— (A) by striking , for not less than 24 months and inserting , for the waiting period (as defined in section 226(k) of the Social Security Act ); and (B) by striking could have been entitled for 24 calendar months, and and inserting could have been entitled for the waiting period (as defined is section 226(k) of the Social Security Act ), and. (d) Effective date \nExcept as provided in subsection (c)(1), the amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning at least 90 days after the date of the enactment of this Act.", "id": "HB770785DFC864DC58945336D9EDABF96", "header": "Phase out of waiting period for medicare disability benefits" }, { "text": "3. Elimination of waiting period for individuals with life-threatening conditions \n(a) In general \nSection 226(h) of the Social Security Act ( 42 U.S.C. 426(h) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) in the matter preceding subparagraph (A) (as redesignated by paragraph (1)), by inserting (1) after (h) ; (3) in paragraph (1) (as designated by paragraph (2))— (A) in the matter preceding subparagraph (A) (as redesignated by paragraph (1)), by inserting or any other life-threatening condition identified by the Secretary after amyotrophic lateral sclerosis (ALS) ; and (4) in subparagraph (B) (as redesignated by paragraph (1)), by striking (rather than twenty-fifth month) ; and (5) by adding at the end the following new paragraph: (2) For purposes of identifying life-threatening conditions under paragraph (1), the Secretary shall compile a list of conditions that are fatal without medical treatment. In compiling such list, the Secretary shall consult with the Director of the National Institutes of Health (including the Office of Rare Diseases), the Director of the Centers for Disease Control and Prevention, the Director of the National Science Foundation, and the Institute of Medicine of the National Academy of Sciences.. (b) Effective date \nThe amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning at least 90 days after the date of the enactment of this Act.", "id": "HB28F264DB03D40D287C7FD2879D45389", "header": "Elimination of waiting period for individuals with life-threatening conditions" }, { "text": "4. Institute of Medicine study and report on delay and prevention of disability conditions \n(a) Study \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall request that the Institute of Medicine of the National Academy of Sciences conduct a study on the range of disability conditions that can be delayed or prevented if individuals receive access to health care services and coverage before the condition reaches disability levels. (b) Report \nNot later than the date that is 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the results of the Institute of Medicine study authorized under this section. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $750,000 for the period of fiscal years 2005 and 2006.", "id": "H31F596EDAF2A44D1A7972D016D309BA8", "header": "Institute of Medicine study and report on delay and prevention of disability conditions" } ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Northeast Regional Development Commission Act of 2004. (b) Findings \nCongress finds the following: (1) The northeastern border region of the Nation, while abundant in natural resources and rich in potential, lags behind much of the Nation in its economic growth, and its people have not shared properly in the Nation's prosperity. (2) The region's historic reliance on a few basic industries and agriculture has failed to provide an adequate economic base for vigorous, self-sustaining growth. (3) Manufacturing sector losses and out migration in the region have contributed greatly to the region’s difficulties in entrepreneurial development and sustainability. (4) State and local governments and the people of the region have made progress in addressing the region's economic problems and will continue to work purposefully toward their solution. (5) Economic development of the region is feasible, desirable, and urgently needed. (6) Providing Federal assistance to the region is necessary to address the region's special economic problems and promote its economic development on a coordinated and concerted regional basis. (7) In directing Federal assistance to the region, the traditional industries of the region should be preserved, including the manufacturing, tourism, forestry, natural resources, agriculture, alternative transportation, snowmobiling, and recreation industries. In addition, it is desirable to support growing industries such as the creative economy. (8) In directing Federal assistance to the region, the historic character, recreational value, ecological integrity, and productive capacity of the historic forestlands are valuable resources that should be preserved to maximize prosperity in the region.", "id": "H6F54B3FF03464ED09C717C337FF7A934", "header": "Short title; findings" }, { "text": "2. Definitions \nIn this Act, the following definitions apply: (1) Commission \nThe term Commission means the Northeast Regional Development Commission established by section 3. (2) Federal grant program \nThe term Federal grant program means a Federal grant program to provide assistance in carrying out economic and community development activities. (3) Non-profit entity \nThe term non-profit entity means any entity with tax-exempt or non-profit status, as defined by the Internal Revenue Service. (4) Region \nThe term region means the area covered by the Commission (as described in section 15).", "id": "H1A066AF0857A4C79A3B031E2EA258CEE", "header": "Definitions" }, { "text": "3. Northeast Regional Development Commission \n(a) Establishment \n(1) In general \nThere is established the Northeast Regional Development Commission. (2) Composition \nThe Commission shall be composed of— (A) a Federal member, to be appointed by the President, with the advice and consent of the Senate; and (B) the Governor of each State in the region that elects to participate in the Commission. (3) Cochairpersons \nThe Commission shall be headed by— (A) the Federal member, who shall serve— (i) as the Federal cochairperson; and (ii) as a liaison between the Federal Government and the Commission; and (B) a State cochairperson, who— (i) shall be a Governor of a participating State in the region; and (ii) shall be elected by the State members for a term of not less than 1 year. (b) Alternate members \n(1) State alternates \n(A) Appointment \nThe State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the Governor’s cabinet or personal staff. (B) Voting \nAn alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alternate. (2) Alternate Federal cochairperson \nThe President shall appoint an alternate Federal cochairperson. (3) Quorum \n(A) In general \nSubject to the requirements of this paragraph, the Commission shall determine what constitutes a quorum of the Commission. (B) Federal cochairperson \nThe Federal cochairperson or the Federal cochairperson’s designee must be present for the establishment of a quorum of the Commission. (C) State alternates \nA State alternate shall not be counted toward the establishment of a quorum of the Commission. (4) Delegation of power \nNo power or responsibility of the Commission specified in paragraphs (3) and (4) of subsection (c), and no voting right of any Commission member, shall be delegated to any person— (A) who is not a Commission member; or (B) who is not entitled to vote in Commission meetings. (c) Decisions \n(1) Requirements for approval \nExcept as provided in subsection (g), decisions by the Commission shall require the affirmative vote of the Federal cochairperson and of a majority of the State members, exclusive of members representing States delinquent under subsection (g)(2)(C). (2) Consultation \nIn matters coming before the Commission, the Federal cochairperson, to the extent practicable, shall consult with the Federal departments and agencies having an interest in the subject matter. (3) Decisions requiring quorum of State members \nThe following decisions may not be made without a quorum of State members: (A) A decision involving Commission policy. (B) Approval of State, regional, or subregional development plans or strategy statements. (C) Modification or revision of the Commission’s code. (D) Allocation of amounts among the States. (4) Project and grant proposals \nThe approval of project and grant proposals is a responsibility of the Commission and shall be carried out in accordance with section 9. (d) Duties \nThe Commission shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region, giving due consideration to other Federal, State, and local planning and development activities in the region; (2) not later than 365 days after the date of enactment of this Act, establish priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and capital assets of the region based on available research, demonstration projects, assessments, and evaluations of the region prepared by Federal, State, or local agencies, local development districts, and any other relevant source; (4) (A) enhance the capacity of, and provide support for, local development districts in the region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; (5) allow the participation of representatives of local development districts, and other appropriate organizations as approved by the Commission, in all proceedings of the Commission conducted under subsection (e)(1), either in-person or through interactive telecommunications; (6) encourage private investment in industrial, commercial, and other economic development projects in the region; and (7) not later than 365 days after the date of enactment of this Act, initiate a special resource study for the north woods of Maine, which study— (A) shall be carried out in cooperation with appropriate local, State, and Federal officials; and (B) shall examine land use, ownership, and development trends and propose options for future management, ownership, conservation, and development of land to maximize job creation and ecological value. (e) Administration \nIn carrying out subsection (d), the Commission may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Commission as the Commission considers appropriate; (2) authorize, through the Federal or State cochairperson or any other member of the Commission designated by the Commission, the administration of oaths if the Commission determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the Commission in carrying out duties of the Commission; (4) adopt, amend, and repeal bylaws and rules governing the conduct of Commission business and the performance of Commission duties; (5) request the head of any Federal department or agency to detail to the Commission such personnel as the Commission requires to carry out duties of the Commission, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State department or agency or local government to detail to the Commission such personnel as the Commission requires to carry out duties of the Commission, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Commission employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts or other transactions as are necessary to carry out Commission duties; (10) establish and maintain a central office located within the Northeast Regional Development Commission region and field offices at such locations as the Commission may select; and (11) provide for an appropriate level of representation in Washington, DC. (f) Federal agency cooperation \nA Federal agency shall— (1) cooperate with the Commission; and (2) provide, on request of the Federal cochairperson, appropriate assistance in carrying out this Act, in accordance with applicable Federal laws (including regulations). (g) Administrative expenses \n(1) In general \nAdministrative expenses of the Commission (except for the expenses of the Federal cochairperson, including expenses of the alternate and staff of the Federal cochairperson, which shall be paid solely by the Federal Government) shall be paid— (A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses; and (B) by the States in the region participating in the Commission, in an amount equal to 50 percent of the administrative expenses. (2) State share \n(A) In general \nThe share of administrative expenses of the Commission to be paid by each State shall be determined by the Commission. (B) No Federal participation \nThe Federal cochairperson shall not participate or vote in any decision under subparagraph (A). (C) Delinquent States \nIf a State is delinquent in payment of the State’s share of administrative expenses of the Commission under this subsection— (i) no assistance under this Act shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Commission from the State shall participate or vote in any action by the Commission. (h) Compensation \n(1) Federal cochairperson \nThe Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V, United States Code. (2) Alternate Federal cochairperson \nThe alternate Federal cochairperson— (A) shall be compensated by the Federal Government at level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate for the Federal cochairperson, shall perform such functions and duties as are delegated by the Federal cochairperson. (3) State members and alternates \n(A) In general \nA State shall compensate each member and alternate representing the State on the Commission at the rate established by law of the State. (B) No additional compensation \nNo State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate to the Commission. (4) Detailed employees \n(A) In general \nNo person detailed to serve the Commission under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Commission from— (i) any source other than the State, local, or intergovernmental department or agency from which the person was detailed; or (ii) the Commission. (B) Violation \nAny person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law \nThe Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Commission under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel \n(A) Compensation \n(i) In general \nThe Commission may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out the duties of the Commission. (ii) Exception \nCompensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Executive director \nThe executive director shall be responsible for— (i) the carrying out of the administrative duties of the Commission; (ii) direction of the Commission staff; and (iii) such other duties as the Commission may assign. (C) No Federal employee status \nNo member, alternate, officer, or employee of the Commission (except the Federal cochairperson of the Commission, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Commission under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. (i) Conflicts of interest \n(1) In general \nExcept as provided under paragraph (2), no State member, alternate, officer, or employee of the Commission shall participate personally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee any of the following persons has a financial interest: (A) The member, alternate, officer, or employee. (B) The spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee. (C) Any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure \nParagraph (1) shall not apply if the State member, alternate, officer, or employee— (A) immediately advises the Commission of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the State member, alternate, officer, or employee. (3) Violation \nAny person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants \nThe Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that there has been a violation of any provision under subsection (h)(4), subsection (i), or sections 202 through 209 of title 18, United States Code.", "id": "HCA1FC4D205E04E0F99B55EC3447DF839", "header": "Northeast Regional Development Commission" }, { "text": "4. Economic and community development grants \n(a) In general \nThe Commission may approve grants to States, local development districts (as defined in section 6(a)), and public and nonprofit entities for projects, approved in accordance with section 9— (1) to develop the infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State or local government); (2) to assist the region in obtaining job training, employment-related education, and business development; (3) to assist the region in community and economic development; (4) to provide assistance to severely distressed and underdeveloped areas; and (5) to otherwise achieve the purposes of this Act. (b) Funding \n(1) In general \nFunds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another State or Federal grant program; or (C) from any other source. (2) Eligible projects \nThe Commission may provide assistance, make grants, enter into contracts, and otherwise provide funds to eligible entities in the region for projects that promote— (A) business development; (B) job training or employment-related education; (C) local planning and leadership development; (D) basic public infrastructure, including high-tech infrastructure and productive natural resource conservation; (E) information and technical assistance for the modernization and diversification of the forest products industry to support value-added forest products enterprises; (F) forest-related cultural, nature-based, and heritage tourism; and (G) any other project facilitating economic development in the region. (3) Federal share \nNotwithstanding any provision of law limiting the Federal share in any grant program, funds appropriated to carry out this section may be used to increase a Federal share in a grant program, as the Commission determines appropriate.", "id": "H1C114A54E15A4705B20087F6E348E00", "header": "Economic and community development grants" }, { "text": "5. Supplements to Federal grant programs \n(a) Federal grant program funding \nIn accordance with subsection (b), the Federal cochairperson may use amounts made available to carry out this Act, without regard to any limitations on areas eligible for assistance or authorizations for appropriation under any other Act, to fund all or any portion of the basic Federal contribution to a project or activity under a Federal grant program in the region in an amount that is above the fixed maximum portion of the cost of the project otherwise authorized by applicable law, but not to exceed 80 percent of the costs of the project. (b) Certification \n(1) In general \nIn the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant program is proposed to be made under this section, no Federal contribution shall be made until the Federal official administering the Federal law authorizing the contribution certifies that the program or project— (A) meets the applicable requirements of the applicable Federal grant law; and (B) could be approved for Federal contribution under the law if funds were available under the law for the program or project. (2) Certification by Commission \n(A) In general \nThe certifications and determinations required to be made by the Commission for approval of projects under this Act in accordance with section 9— (i) shall be controlling; and (ii) shall be accepted by the Federal agencies. (B) Acceptance by Federal cochairperson \nAny finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant program shall be accepted by the Federal cochairperson with respect to a supplemental grant for any project under the program.", "id": "H28764C13D4D84819BD91439384E313A2", "header": "Supplements to Federal grant programs" }, { "text": "6. Local development districts; certification and administrative expenses \n(a) Definition of local development district \nIn this section, the term local development district means an entity designated by the State that— (1) is— (A) (i) a planning district in existence on the date of enactment of this Act that is recognized by the Economic Development Administration of the Department of Commerce; or (ii) a development district recognized by the State; or (B) if an entity described in subparagraph (A)(i) or (A)(ii) does not exist, an entity designated by the Commission that satisfies the criteria developed by the Economic Development Administration for a local development district; and (2) has not, as certified by the Federal cochairperson— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to local development districts \n(1) In general \nThe Commission may make grants for administrative expenses under this section. (2) Conditions for grants \n(A) Maximum amount \nThe amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. (B) Local share \nThe contributions of a local development district for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services. (c) Duties of local development districts \nA local development district shall— (1) operate as a lead organization serving multicounty areas in the region at the local level; and (2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that— (A) are involved in multijurisdictional planning; (B) provide technical assistance to local jurisdictions and potential grantees; and (C) provide leadership and civic development assistance.", "id": "H190863BB3D4343A8AE353D170648C6C8", "header": "Local development districts; certification and administrative expenses" }, { "text": "7. Development planning process \n(a) State development plan \nIn accordance with policies established by the Commission, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan \nA State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3(d)(2). (c) Consultation \nIn carrying out the development planning process, a State shall— (1) consult with— (A) local development districts; (B) local units of government; and (C) institutions of higher learning; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). (d) Public participation \nThe Commission and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this Act.", "id": "HAA14890421DC4E31B6AC7543471CD7DA", "header": "Development planning process" }, { "text": "8. Program development criteria \n(a) In general \nIn considering programs and projects to be provided assistance under this Act, and in establishing a priority ranking of the requests for assistance provided by the Commission, the Commission shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project to overall regional development; (2) the per capita income and poverty and unemployment rates and other socioeconomic indicators in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project in relation to other projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. (b) No relocation assistance \nNo financial assistance authorized by this Act shall be used to assist an establishment in relocating from 1 area to another. (c) Reduction of funds \nFunds may be provided for a program or project in a State under this Act only if the Commission determines that the level of Federal or State financial assistance provided under a law other than this Act, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this Act.", "id": "H97533084DDA0407591176CFD30C4C466", "header": "Program development criteria" }, { "text": "9. Approval of development plans and projects \n(a) In general \nA State or regional development plan or any multistate subregional plan that is proposed for development under this Act shall be reviewed by the Commission. (b) Evaluation by State member \nAn application for a grant or any other assistance for a project under this Act shall be made through and evaluated for approval by the State member of the Commission representing the applicant. (c) Certification \nAn application for a grant or other assistance for a project shall be approved only on certification by the State member and Federal cochairperson that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 8; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this Act. (d) Votes for decisions \nUpon certification of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Commission under section 3(c) shall be required for approval of the application.", "id": "H9A57B8B72AF54911BCB5183D0BA5169", "header": "Approval of development plans and projects" }, { "text": "10. Consent of States \nNothing in this Act requires any State to engage in or accept any program under this Act without the consent of the State.", "id": "HA1C04742CBF1474E909E635E1C4D18DA", "header": "Consent of States" }, { "text": "11. Records \n(a) Records of the Commission \n(1) In general \nThe Commission shall maintain accurate and complete records of all transactions and activities of the Commission. (2) Availability \nAll records of the Commission shall be available for audit and examination by the Comptroller General of the United States (including authorized representatives of the Comptroller General). (b) Records of recipients of Federal assistance \n(1) In general \nA recipient of Federal funds under this Act shall, as required by the Commission, maintain accurate and complete records of transactions and activities financed with Federal funds and report on the transactions and activities to the Commission. (2) Availability \nAll records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, and the Commission (including authorized representatives of the Comptroller General, and the Commission).", "id": "H572FE51ADF9C48B78D90F24701AE35A2", "header": "Records" }, { "text": "12. Annual report \nNot later than 180 days after the end of each fiscal year, the Commission shall submit to the President and to Congress a report describing the activities carried out under this Act.", "id": "HA0A285DE1B4F4586825E54136C69C0D", "header": "Annual report" }, { "text": "13. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Commission to carry out this Act $40,000,000 for each of fiscal years 2005 through 2009, to remain available until expended. (b) Administrative expenses \nNot more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Commission.", "id": "H8EC91AD38FD545B198A52FFFCBFB3B8", "header": "Authorization of appropriations" }, { "text": "14. Termination of Commission \nThis Act shall have no force or effect on or after October 1, 2009.", "id": "H29AD92290B9D4AB090E209DC6F5578B1", "header": "Termination of Commission" }, { "text": "15. Area covered by Northeast Regional Development Commission \n(a) In General \nThe Northeast Regional Development Commission region means the area consisting of the following: To Be Supplied (to include all appropriate economically distressed areas and counties in the region). (b) Limitation \nA county or other political subdivision that is eligible for assistance from the Appalachian Regional Commission shall not be eligible for assistance from the Northeast Regional Development Commission.", "id": "H5C0E27EC60B44929AF47BDF93060008C", "header": "Area covered by Northeast Regional Development Commission" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Military Commissions Act of 2004.", "id": "HEC8FF3FD20FE4B8AABD7BFBDA8135D20", "header": "Short title" }, { "text": "2. Use of military commissions for offenses under law of war or in furtherance of terrorism \n(a) In general \nSubchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 935 (article 135) the following new section: 935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism \n(a) A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose. (b) A military commission appointed under subsection (a) may try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. (c) A military commission shall consist of not less than three members and not more than seven members. However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces. (d) A military commission shall have a presiding officer, who shall be appointed from among the members. The presiding officer shall be a judge advocate and shall preside over the proceedings of the commission to ensure a full, fair, and expeditious trial. The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits. (e) Trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial under section 827 (article 27). (f) Members of a military commission shall deliberate and vote in closed conference. Voting on the findings and on the sentence shall be by secret written ballot. (g) A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. (h) A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to be proper. The sentence of death may be adjudged only if the accused has been found guilty of spying or an offense causing the death of one or more persons. A commission may not sentence any person to suffer death for an offense committed before the person attained the age of eighteen years. A sentence of death may not be executed until approved by the President. (i) Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protections: (1) The accused shall have the right to a fair trial, without adverse distinction based upon race, color, gender, language, religion, birth, wealth, or any similar criteria. (2) The accused shall be presumed innocent until proven guilty. The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt. (3) The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial. (4) The accused shall have the right to a public trial, unless the appointing authority determines that a closed trial, or any portion thereof, is necessary to the national security of the United States. (5) The accused may not be compelled to testify or present evidence against himself. (6) No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf. (7) Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission. (8) The accused shall be entitled to assistance of counsel at all stages of proceedings and shall have adequate time and facilities available for the preparation of his defense. The accused shall have the right to represent himself in trail by military commission, subject to the discretion of the presiding officer. (9) The accused shall have the right to present evidence and to cross-examine each witness. (10) The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. (11) The accused shall have access to all evidence that trial counsel intends to offer at trial and all evidence known to trial counsel or to the commission that tends to exculpate him. (12) The accused shall have the right to be present at each stage of the proceedings, unless he engages in conduct that the presiding officer determines to be disruptive. (13) The accused shall not be tried a second time for the same offense. (j) A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section. (k) (1) After trial, the presiding officer shall promptly authenticate a verbatim transcript and record of trial. (2) The appointing authority shall, within a reasonable period of time, carry out an administrative review of the transcript and record of trial and take such administrative actions as the authority considers appropriate, which may include directing the commission to conduct any necessary supplemental proceedings. (3) The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case: (A) Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part. (B) Approve or disapprove a finding of guilty, or change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense of the offense stated in the charge. (4)(A) Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission— (i) in any case in which the sentence extends to death or to confinement in excess of five years; and (ii) in any other case that the President may prescribe. (B) In any case reviewed by it under this subsection, the Court of Appeals for the Armed Forces may act only with respect to the findings and sentence as in effect after review by the convening authority and the Secretary of Defense under subsection (k)(3). (C) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter. (5) The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Appeals for the Armed Forces under this subsection. (l) The Secretary of Defense shall submit to Congress each order, rule, and regulation prescribed under this section. Such order, rule, or regulation may not take effect until 30 days after it is so submitted. (m) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition and current status of that case. The report shall also set forth a detailed description of the activities of the Department with respect to military commissions, a copy of all current rules and regulations relating to the use of military commissions, and an accounting of all funds expended on matters relating to the use of military commissions.. (b) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism.", "id": "H981CF2C7C8BC4376AFFE1BE4C4F1DF1B", "header": "Use of military commissions for offenses under law of war or in furtherance of terrorism" }, { "text": "935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism \n(a) A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose. (b) A military commission appointed under subsection (a) may try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. (c) A military commission shall consist of not less than three members and not more than seven members. However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces. (d) A military commission shall have a presiding officer, who shall be appointed from among the members. The presiding officer shall be a judge advocate and shall preside over the proceedings of the commission to ensure a full, fair, and expeditious trial. The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits. (e) Trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial under section 827 (article 27). (f) Members of a military commission shall deliberate and vote in closed conference. Voting on the findings and on the sentence shall be by secret written ballot. (g) A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. (h) A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to be proper. The sentence of death may be adjudged only if the accused has been found guilty of spying or an offense causing the death of one or more persons. A commission may not sentence any person to suffer death for an offense committed before the person attained the age of eighteen years. A sentence of death may not be executed until approved by the President. (i) Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protections: (1) The accused shall have the right to a fair trial, without adverse distinction based upon race, color, gender, language, religion, birth, wealth, or any similar criteria. (2) The accused shall be presumed innocent until proven guilty. The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt. (3) The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial. (4) The accused shall have the right to a public trial, unless the appointing authority determines that a closed trial, or any portion thereof, is necessary to the national security of the United States. (5) The accused may not be compelled to testify or present evidence against himself. (6) No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf. (7) Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission. (8) The accused shall be entitled to assistance of counsel at all stages of proceedings and shall have adequate time and facilities available for the preparation of his defense. The accused shall have the right to represent himself in trail by military commission, subject to the discretion of the presiding officer. (9) The accused shall have the right to present evidence and to cross-examine each witness. (10) The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. (11) The accused shall have access to all evidence that trial counsel intends to offer at trial and all evidence known to trial counsel or to the commission that tends to exculpate him. (12) The accused shall have the right to be present at each stage of the proceedings, unless he engages in conduct that the presiding officer determines to be disruptive. (13) The accused shall not be tried a second time for the same offense. (j) A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section. (k) (1) After trial, the presiding officer shall promptly authenticate a verbatim transcript and record of trial. (2) The appointing authority shall, within a reasonable period of time, carry out an administrative review of the transcript and record of trial and take such administrative actions as the authority considers appropriate, which may include directing the commission to conduct any necessary supplemental proceedings. (3) The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case: (A) Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part. (B) Approve or disapprove a finding of guilty, or change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense of the offense stated in the charge. (4)(A) Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission— (i) in any case in which the sentence extends to death or to confinement in excess of five years; and (ii) in any other case that the President may prescribe. (B) In any case reviewed by it under this subsection, the Court of Appeals for the Armed Forces may act only with respect to the findings and sentence as in effect after review by the convening authority and the Secretary of Defense under subsection (k)(3). (C) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter. (5) The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Appeals for the Armed Forces under this subsection. (l) The Secretary of Defense shall submit to Congress each order, rule, and regulation prescribed under this section. Such order, rule, or regulation may not take effect until 30 days after it is so submitted. (m) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition and current status of that case. The report shall also set forth a detailed description of the activities of the Department with respect to military commissions, a copy of all current rules and regulations relating to the use of military commissions, and an accounting of all funds expended on matters relating to the use of military commissions.", "id": "H4EE49E539A134C1DA5ACBDC580466C8", "header": "Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism" } ]

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

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

[ { "text": "1. Short title and table of contents \n(a) Short title \nThis Act may be cited as the Retirement Enhancement Revenue Act of 2004. (b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Title I—Public employee pension plans Sec. 101. New qualification requirements for public employee pension plans Title II—Pension improvements Sec. 201. Automatic enrollment of all employees in 401(k) plans Sec. 202. Diversification requirements for defined contribution plans that hold employer securities Sec. 203. Improvements in simplified employee pensions Sec. 204. Pension integration rules Sec. 205. Increase to age 75 for beginning mandatory distributions Sec. 206. Restrictions on exclusion of unionized employees from participation in 401(k) plans Sec. 207. Removal of $5,000 limit on plans subject to automatic rollover upon mandatory distribution Title III—Tax credits to promote pension coverage Sec. 301. Savers credit made refundable and permanent Sec. 302. Credit for qualified pension plan contributions of small employers Sec. 303. Notice Title IV—Improved pension protections for women Sec. 401. Modifications of joint and survivor annuity requirements Sec. 402. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee Sec. 403. Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements Title V—Defined benefit plans which include qualified cash or deferred arrangements Sec. 501. Defined benefit plan with deferred compensation arrangement in a single plan Sec. 502. Defined benefit accruals satisfy 401(k) safe harbor Sec. 503. Additional accruals under defined benefit plan provided as matching contributions Sec. 504. Limitation on deductions where combination of defined contribution plan and defined benefit plan Sec. 505. Conforming amendments to the Employee Retirement Income Security Act of 1974 Title VI—Additional amendments Sec. 601. Exemption from prohibited transaction rules for certain aborted emergent transactions Sec. 602. Loans from retirement plans for health insurance and job training expenses Sec. 603. Treatment of unclaimed benefits Sec. 604. Income averaging of corrected civil service annuity benefit payments Sec. 605. Prohibited transaction exemption for the provision of investment advice Sec. 606. Increase in deductible contributions to single-employer defined benefit plan upon payment of increased premium to the Pension Benefit Guaranty Corporation Sec. 607. Exemption from prohibited transaction rules for certain aborted emergent transactions Sec. 608. Pension benefit information Sec. 609. Permanency of transition rule in Retirement Protection Act of 1994 Title VII—General provisions Sec. 701. General effective date Sec. 702. Plan amendments", "id": "H3F1883602FDF4E4FBE4785DCF6DA055E", "header": "Short title and table of contents" }, { "text": "101. New qualification requirements for public employee pension plans \n(a) In general \nSubsection (a) of section 401 of the Internal Revenue Code of 1986 (relating to requirements for qualification) is amended by inserting after paragraph (34) the following new paragraph: (35) Public employee pension plans \nA trust forming a part of a public employee pension plan (as defined in section 420C(a)(9)) shall not constitute a qualified trust under this section unless the requirements of subpart F of this part are met in connection with such plan. (b) Requirements \nPart I of subchapter D of chapter 1 of such Code (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by inserting after subpart E the following new subpart: F Public employee pension plans \nSec. 420A. Reporting and disclosure requirements Sec. 420B. Review by qualified review boards of changes in employer contributions Sec. 420C. Definitions and coverage 420A. Reporting and disclosure requirements \n(a) In general \nA public employee pension plan does not meet the requirements of section 401(a)(35) unless the terms of the plan include the requirements of this section. (b) Required disclosures \nThe plan shall provide that, within 210 days after the close of each plan year, the administrator of the plan shall furnish to each participant, and to each beneficiary receiving benefits under the plan— (1) a statement of the assets and liabilities of the plan aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous plan year, (2) a statement of receipts and disbursements during the preceding 12-month period aggregated by general sources and applications, (3) a report containing— (A) a description of all investments and assets of the plan, including their value, (B) the names and positions of all of the trustees of the plan, and the time remaining before the expiration of their term, (C) a description of the method of trustee selection, (D) a description of any changes in investment policy of the plan during the fiscal year, (E) an evaluation of the long-term solvency of the plan, including the number of participants and beneficiaries and a summary of their benefits, and a projection of the amount of benefits expected to be paid for the fifth, tenth, and fifteenth plan year following the date of the publication of the report, and (F) the percentage which the current value of the assets of the plan is of the current liability under the plan, and (4) any other material as is necessary to fairly summarize the latest annual report. Such information shall be written and calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. (c) Availability of plan documents for examination \nThe plan shall provide that the administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examination by any plan participant or beneficiary in the principal office of the administrator and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Secretary may prescribe by regulations). (d) Availability of information upon request \nThe plan shall provide that the administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence. 420B. Review by qualified review boards of changes in employer contributions \n(a) In general \nA public employee pension plan does not meet the requirements of section 401(a)(35) unless, under the plan, changes in employer contributions are subject to review by a qualified review board established for the plan as provided in this section. For purposes of this section, the term qualified review board means a board— (1) whose membership is determined under the law of the principal State in accordance with subsection (b), and (2) whose powers are determined under the law of the principal State in accordance with subsection (c). (b) Membership \n(1) In general \nThe membership of a qualified review board established for a plan shall consist of 3 members selected from among individuals who, by means of their education and experience, have demonstrated expertise in the area of pension fund management, as follows: (A) one member is appointed by the Governor of the State, (B) one member is selected by the participants in the plan, by means of an election held in such form and manner as shall be prescribed in regulations of the Secretary, and (C) one member is selected jointly by the Governor and by a representative of participants in the plan (from a certified list of pension experts established in accordance with paragraph (2)). Each member of the board shall have 1 vote. Members of the board shall serve for such equivalent terms as shall be prescribed under the law of the principal State. (2) Certified list of experts \nThe Governor of the State shall, for purposes of paragraph (1)(C), establish and maintain with respect to each public employee pension plan (for which such State is the principal State) a certified list of pension experts meeting the requirements for membership on the qualified review board. Individuals may be included on such list only by agreement between the Governor of the State and a representative elected by participants in the plan, entered into by means of collective bargaining in such form and manner as shall be prescribed in regulations of the Secretary. (c) Powers \nThe board shall be treated as a qualified review board for purposes of this section with respect to any public employee pension plan (for which such State is the principal State) only if the powers of such board under the law of the principal State include review by the board, for approval or disapproval by the board, of any change in the terms of such plan, as a necessary prerequisite for such change to take effect, if— (1) such change would have the effect of changing levels of employer contributions to the plan, and (2) such review is requested, in such form and manner as shall be prescribed in regulations of the Secretary, by— (A) at least one-third of the total number of trustees of any trust fund forming a part of the plan, or (B) the head of any employee organization representing at least 20 percent of the total number of active participants in the plan. The board may be treated as a qualified review board for purposes of this section only if, under the law of the principal State, any such change submitted to such review by the board may take effect only upon approval of the change by the board. 420C. Definitions and coverage \n(a) Definitions \nFor purposes of this subpart— (1) Administrator \nThe term administrator means— (A) the board of trustees, retirement board, or similar person with administrative responsibilities in connection with a plan, or any other person specifically so designated in connection with any requirement of this subpart by the terms of the instrument or instruments under which the plan is operated, including but not limited to the law of any State or of any political subdivision of any State, or (B) in any case in which there is no person described in subparagraph (A) in connection with the plan, the plan sponsor. (2) Beneficiary \nThe term beneficiary means a person designated by a participant, or by the terms of a public employee pension plan, who is or may become entitled to a benefit thereunder. (3) Current liability \nThe term current liability has the meaning provided in section 302(d)(7) of the Employee Retirement Income Security Act of 1974. (4) Employee \nThe term employee means any individual employed by an employer, employer representative, or other person required to make employer contributions under the plan. (5) Employee organization \nThe term employee organization means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers or employer representatives concerning a public employee pension plan or other matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose, in whole or in part, of establishing such a plan. (6) Employer \nThe term employer means— (A) the government of any State or of any political subdivision of a State, (B) any agency or instrumentality of a government referred to in subparagraph (A), or (C) any agency or instrumentality of two or more governments referred to in subparagraph (A). (7) Employer contribution \nThe term employer contribution means any contribution to a public employee pension plan other than a contribution made by a participant in the plan. (8) Employer representative \nThe term employer representative means— (A) any group or association consisting, in whole or in part, of employers acting, in connection with a public employee pension plan, for an employer, or (B) any person acting, in connection with a public employee pension plan, indirectly in the interest of an employer or of a group or association described in subparagraph (A). (9) Public employee pension plan \nThe terms public employee pension plan and plan mean any plan, fund, or program which was heretofore or is hereafter established or maintained, in whole or in part, by an employer, an employer representative, or an employee organization, or by a combination thereof, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (A) provides retirement income to employees, or (B) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan, or the method of distributing benefits from the plan. (10) Principal State \nThe term principal State means, for any plan year with respect to a public employee pension plan, the State in which, as of the beginning of such plan year, the largest percentage of the participants of the plan employed in any single State is employed. (11) Governor \nThe term Governor means, in connection with a public employee pension plan, the Governor (or equivalent official) of the principal State. (12) Participant \nThe term participant means any individual who is or may become eligible to receive a benefit of any type from a public employee pension plan or whose beneficiaries may be eligible to receive any such benefit. (13) Person \nThe term person means a State, a political subdivision of a State, any agency or instrumentality of a State or a political subdivision of a State, an individual, a partnership, a joint venture, a corporation, a mutual company, a joint-stock company, a trust, an estate, an unincorporated organization, an association, or an employee organization. (14) Plan sponsor \nThe term plan sponsor means— (A) in the case of a plan established or maintained solely for employees of a single employer, such employer, (B) in the case of a plan established or maintained by an employee organization, the employee organization, or (C) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, board of trustees, or other similar group of representatives of the parties who establish or maintain the plan. (15) Plan year \nThe term plan year means, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. (16) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) Coverage \n(1) In general \nExcept as provided in paragraph (2), this subpart shall apply to any public employee pension plan. (2) Exceptions from coverage \nThe provisions of this subpart shall not apply to— (A) any employee benefit plan described in section 4(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1003(a) ), which is not exempt under section 4(b)(1) of such Act ( 29 U.S.C. 1003(b)(1) ), (B) any plan which is unfunded and is maintained by an employer or employer representative primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees, (C) any arrangement which would be a severance pay arrangement, as defined in regulations of the Secretary of Labor under section 3(2)(B)(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2)(B)(i) ), if the employer were an employer within the meaning of section 3(5) of such Act ( 29 U.S.C. 1002(5) ), (D) any agreement to the extent it is a coverage agreement entered into pursuant to section 218 of the Social Security Act ( 42 U.S.C. 418 ), (E) any individual retirement account or any individual retirement annuity within the meaning of section 408, or a retirement bond within the meaning of section 409, (F) any plan described in section 401(d), (G) any individual account plan consisting of an annuity contract described in section 403(b), (H) any eligible State deferred compensation plan, as defined in section 457(b), or (I) any plan maintained solely for the purpose of complying with applicable workers’ compensation laws or disability insurance laws..", "id": "H50954745C59E43DC85715F7267F2011D", "header": "New qualification requirements for public employee pension plans" }, { "text": "420A. Reporting and disclosure requirements \n(a) In general \nA public employee pension plan does not meet the requirements of section 401(a)(35) unless the terms of the plan include the requirements of this section. (b) Required disclosures \nThe plan shall provide that, within 210 days after the close of each plan year, the administrator of the plan shall furnish to each participant, and to each beneficiary receiving benefits under the plan— (1) a statement of the assets and liabilities of the plan aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous plan year, (2) a statement of receipts and disbursements during the preceding 12-month period aggregated by general sources and applications, (3) a report containing— (A) a description of all investments and assets of the plan, including their value, (B) the names and positions of all of the trustees of the plan, and the time remaining before the expiration of their term, (C) a description of the method of trustee selection, (D) a description of any changes in investment policy of the plan during the fiscal year, (E) an evaluation of the long-term solvency of the plan, including the number of participants and beneficiaries and a summary of their benefits, and a projection of the amount of benefits expected to be paid for the fifth, tenth, and fifteenth plan year following the date of the publication of the report, and (F) the percentage which the current value of the assets of the plan is of the current liability under the plan, and (4) any other material as is necessary to fairly summarize the latest annual report. Such information shall be written and calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. (c) Availability of plan documents for examination \nThe plan shall provide that the administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examination by any plan participant or beneficiary in the principal office of the administrator and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Secretary may prescribe by regulations). (d) Availability of information upon request \nThe plan shall provide that the administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.", "id": "H621BAA43DB964FC98F21DEA7EC6D83EC", "header": "Reporting and disclosure requirements" }, { "text": "420B. Review by qualified review boards of changes in employer contributions \n(a) In general \nA public employee pension plan does not meet the requirements of section 401(a)(35) unless, under the plan, changes in employer contributions are subject to review by a qualified review board established for the plan as provided in this section. For purposes of this section, the term qualified review board means a board— (1) whose membership is determined under the law of the principal State in accordance with subsection (b), and (2) whose powers are determined under the law of the principal State in accordance with subsection (c). (b) Membership \n(1) In general \nThe membership of a qualified review board established for a plan shall consist of 3 members selected from among individuals who, by means of their education and experience, have demonstrated expertise in the area of pension fund management, as follows: (A) one member is appointed by the Governor of the State, (B) one member is selected by the participants in the plan, by means of an election held in such form and manner as shall be prescribed in regulations of the Secretary, and (C) one member is selected jointly by the Governor and by a representative of participants in the plan (from a certified list of pension experts established in accordance with paragraph (2)). Each member of the board shall have 1 vote. Members of the board shall serve for such equivalent terms as shall be prescribed under the law of the principal State. (2) Certified list of experts \nThe Governor of the State shall, for purposes of paragraph (1)(C), establish and maintain with respect to each public employee pension plan (for which such State is the principal State) a certified list of pension experts meeting the requirements for membership on the qualified review board. Individuals may be included on such list only by agreement between the Governor of the State and a representative elected by participants in the plan, entered into by means of collective bargaining in such form and manner as shall be prescribed in regulations of the Secretary. (c) Powers \nThe board shall be treated as a qualified review board for purposes of this section with respect to any public employee pension plan (for which such State is the principal State) only if the powers of such board under the law of the principal State include review by the board, for approval or disapproval by the board, of any change in the terms of such plan, as a necessary prerequisite for such change to take effect, if— (1) such change would have the effect of changing levels of employer contributions to the plan, and (2) such review is requested, in such form and manner as shall be prescribed in regulations of the Secretary, by— (A) at least one-third of the total number of trustees of any trust fund forming a part of the plan, or (B) the head of any employee organization representing at least 20 percent of the total number of active participants in the plan. The board may be treated as a qualified review board for purposes of this section only if, under the law of the principal State, any such change submitted to such review by the board may take effect only upon approval of the change by the board.", "id": "H4401F7E76A5C4E219B716B60C9D03BE6", "header": "Review by qualified review boards of changes in employer contributions" }, { "text": "420C. Definitions and coverage \n(a) Definitions \nFor purposes of this subpart— (1) Administrator \nThe term administrator means— (A) the board of trustees, retirement board, or similar person with administrative responsibilities in connection with a plan, or any other person specifically so designated in connection with any requirement of this subpart by the terms of the instrument or instruments under which the plan is operated, including but not limited to the law of any State or of any political subdivision of any State, or (B) in any case in which there is no person described in subparagraph (A) in connection with the plan, the plan sponsor. (2) Beneficiary \nThe term beneficiary means a person designated by a participant, or by the terms of a public employee pension plan, who is or may become entitled to a benefit thereunder. (3) Current liability \nThe term current liability has the meaning provided in section 302(d)(7) of the Employee Retirement Income Security Act of 1974. (4) Employee \nThe term employee means any individual employed by an employer, employer representative, or other person required to make employer contributions under the plan. (5) Employee organization \nThe term employee organization means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers or employer representatives concerning a public employee pension plan or other matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose, in whole or in part, of establishing such a plan. (6) Employer \nThe term employer means— (A) the government of any State or of any political subdivision of a State, (B) any agency or instrumentality of a government referred to in subparagraph (A), or (C) any agency or instrumentality of two or more governments referred to in subparagraph (A). (7) Employer contribution \nThe term employer contribution means any contribution to a public employee pension plan other than a contribution made by a participant in the plan. (8) Employer representative \nThe term employer representative means— (A) any group or association consisting, in whole or in part, of employers acting, in connection with a public employee pension plan, for an employer, or (B) any person acting, in connection with a public employee pension plan, indirectly in the interest of an employer or of a group or association described in subparagraph (A). (9) Public employee pension plan \nThe terms public employee pension plan and plan mean any plan, fund, or program which was heretofore or is hereafter established or maintained, in whole or in part, by an employer, an employer representative, or an employee organization, or by a combination thereof, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (A) provides retirement income to employees, or (B) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan, or the method of distributing benefits from the plan. (10) Principal State \nThe term principal State means, for any plan year with respect to a public employee pension plan, the State in which, as of the beginning of such plan year, the largest percentage of the participants of the plan employed in any single State is employed. (11) Governor \nThe term Governor means, in connection with a public employee pension plan, the Governor (or equivalent official) of the principal State. (12) Participant \nThe term participant means any individual who is or may become eligible to receive a benefit of any type from a public employee pension plan or whose beneficiaries may be eligible to receive any such benefit. (13) Person \nThe term person means a State, a political subdivision of a State, any agency or instrumentality of a State or a political subdivision of a State, an individual, a partnership, a joint venture, a corporation, a mutual company, a joint-stock company, a trust, an estate, an unincorporated organization, an association, or an employee organization. (14) Plan sponsor \nThe term plan sponsor means— (A) in the case of a plan established or maintained solely for employees of a single employer, such employer, (B) in the case of a plan established or maintained by an employee organization, the employee organization, or (C) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, board of trustees, or other similar group of representatives of the parties who establish or maintain the plan. (15) Plan year \nThe term plan year means, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. (16) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) Coverage \n(1) In general \nExcept as provided in paragraph (2), this subpart shall apply to any public employee pension plan. (2) Exceptions from coverage \nThe provisions of this subpart shall not apply to— (A) any employee benefit plan described in section 4(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1003(a) ), which is not exempt under section 4(b)(1) of such Act ( 29 U.S.C. 1003(b)(1) ), (B) any plan which is unfunded and is maintained by an employer or employer representative primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees, (C) any arrangement which would be a severance pay arrangement, as defined in regulations of the Secretary of Labor under section 3(2)(B)(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2)(B)(i) ), if the employer were an employer within the meaning of section 3(5) of such Act ( 29 U.S.C. 1002(5) ), (D) any agreement to the extent it is a coverage agreement entered into pursuant to section 218 of the Social Security Act ( 42 U.S.C. 418 ), (E) any individual retirement account or any individual retirement annuity within the meaning of section 408, or a retirement bond within the meaning of section 409, (F) any plan described in section 401(d), (G) any individual account plan consisting of an annuity contract described in section 403(b), (H) any eligible State deferred compensation plan, as defined in section 457(b), or (I) any plan maintained solely for the purpose of complying with applicable workers’ compensation laws or disability insurance laws.", "id": "H88E2BDF0DA7B46F09584BCF95CC4BB2", "header": "Definitions and coverage" }, { "text": "201. Automatic enrollment of all employees in 401(k) plans \n(a) In general \nSubparagraph (A) of section 401(m)(11) of the Internal Revenue Code of 1986 (relating to additional alternative method of satisfying nondiscrimination tests) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by inserting after clause (iii) the following new clause: (iv) meets the requirements of subparagraph (C).. (b) Minimum coverage requirements \nParagraph (11) of section 401(m) of such Code is amended by adding at the end the following new subparagraph: (C) Minimum coverage requirements \nThe requirements of this subparagraph are met if— (i) the plan meets the requirements of section 410(b), or (ii) the plan is offered to all eligible employees. For purposes of clause (ii) a plan shall be treated as offered to an eligible employee if, under the plan, employer contributions are made on the employee’s behalf under the plan, unless, pursuant to an election by the employee, payments are made to the employee directly in cash in lieu of such employer contributions.. (c) Preemption of State law \nThe amendments made by this section supersede any provision of a statute, regulation, or rule of a State or political subdivision of a State that would otherwise require an employer to obtain an employee’s consent before making a deduction from the wages of such employee. (d) Guidelines for meeting fiduciary requirements \nSection 404(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a) ) is amended by adding at the end the following new paragraph: (3) (A) The Secretary shall prescribe by regulation guidelines for compliance with the requirements of the diversification requirement of paragraph (1)(C) and the prudence requirement (to the extent that it requires diversification) of paragraph (1)(B) in the case of plans which are treated as in compliance with the requirements of section 401(m)(2) of the Internal Revenue Code of 1986 solely by reason of compliance with the requirements of section 401(m)(11) of such Code. Such guidelines shall consist of criteria for meeting a standard of well-balanced and highly diversified investment of plan assets. Compliance with such guidelines shall be deemed compliance with such requirements. (B) The criteria prescribed by the Secretary pursuant to subparagraph (A) shall include at least the following: (i) sufficiently limited investment of plan assets in securities issued by any single issuer (other than in obligations issued by, or guaranteed as to both principal and interest by, the Government of the United States); (ii) sufficient diversification of investment among and within asset classes, which shall include at least sufficient diversification measured as between stocks and bonds, sufficient diversification measured as among varieties of stock categorized by large capitalization, medium capitalization, and small capitalization, and sufficient diversification measured as between investment funds focused on growth and investment funds focused on income; and (iii) adequate prospects for a reasonable rate of return on the investment, together with adequate assurance against loss of principal and minimization of fees and other associated costs chargeable to participants..", "id": "H592BE120D79F4C638189CF8858C447F1", "header": "Automatic enrollment of all employees in 401(k) plans" }, { "text": "202. Diversification requirements for defined contribution plans that hold employer securities \n(a) In general \nSubsection (a) of section 401 of the Internal Revenue Code of 1986 (relating to requirements for qualification), as amended by this Act, is further amended by inserting after paragraph (35) the following new paragraph: (36) Diversification requirements for defined contribution plans that hold employer securities \n(A) In general \nIn the case of a defined contribution plan described in this subsection that includes a trust which is exempt from tax under section 501(a) and which holds employer securities that are readily tradable on an established securities market, such trust shall not constitute a qualified trust under this section unless such plan meets the requirements of subparagraphs (B) and (C). (B) Elective deferrals invested in employer securities \n(i) In general \nIn the case of the portion of the account attributable to elective deferrals which is invested in employer securities, a plan meets the requirements of this subparagraph if each applicable individual in such plan may elect to direct the plan to divest any portion of such securities in the individual’s account and to reinvest an equivalent amount in other investment options which meet the requirements of subparagraph (D). The preceding sentence shall apply to the extent that the amount attributable to reinvested portion exceeds the amount to which a prior election under this subparagraph or paragraph (28) applies. (ii) Applicable individual \nFor purposes of this subparagraph, the term applicable individual means— (I) any participant in the plan, (II) any beneficiary who is an alternate payee (within the meaning of section 414(p)(8)) under an applicable qualified domestic relations order (within the meaning of section 414(p)(1)(A)), and (III) any beneficiary of a deceased participant or alternate payee. (C) Other employer contributions \n(i) In general \nIn the case of the portion of the account attributable to employer contributions (other than elective deferrals) which is invested in employer securities, a plan meets the requirements of this subparagraph if each qualified participant in the plan may elect to direct the plan to divest any portion of such securities in the participant’s account and to reinvest an equivalent amount in other investment options which meet the requirements of subparagraph (E). The preceding sentence shall apply to the extent that the amount attributable to such reinvested portion exceeds the amount to which a prior election under this subparagraph or paragraph (28) applies. (ii) Qualified participant \nFor purposes of this subparagraph, the term qualified participant means— (I) any participant in the plan who has completed at least 3 years of service (as determined under section 411(a)) under the plan, (II) any beneficiary who, with respect to a participant who met the service requirement in subclause (I), is an alternate payee (within the meaning of section 414(p)(8)) under an applicable qualified domestic relations order (within the meaning of section 414(p)(1)(A)), and (III) any beneficiary of a deceased participant who met the service requirement in subclause (I) or alternate payee described in subclause (II). (D) Investment options \nThe requirements of this subparagraph are met if the plan offers not less than 3 investment options (not inconsistent with regulations prescribed by the Secretary) other than employer securities. (E) Preservation of authority of plan to limit investment \nNothing in this paragraph shall be construed to limit the authority of a plan to impose limitations on the portion of plan assets in any account which may be invested in employer securities. (F) Other definitions and rules \nFor purposes of this paragraph— (i) Employer securities \nThe term employer securities shall have the meaning given such term by section 407(d)(1) of the Employee Retirement Income Security Act of 1974. (ii) Elective deferrals \nFor purposes of this subparagraph, the term elective deferrals means an employer contribution described in section 402(g)(3)(A) and any employee contribution. (iii) Election \nElections under this paragraph shall be not less frequently than quarterly. (iv) Employee stock ownership plan \nThe term employee stock ownership plan shall have the same meaning given to such term by section 4975(e)(7).. (b) Conforming amendments \n(1) Section 401(a)(28) of such Code is amended by adding at the end the following new subparagraph: (D) Application \nThis paragraph shall not apply with respect to employer securities which are readily tradable on an established securities market.. (2) Section 409(h)(7) of such Code is amended by inserting at the end or subparagraph (B) or (C) of section 401(a)(36). (3) Section 4975(e)(7) of such Code is amended by adding at the end the following new sentence: A plan shall not fail to be treated as an employee stock ownership plan merely because the plan meets the requirements of section 401(a)(36) (or provides greater diversification rights) or because participants in such plan exercise diversification rights under such section (or greater diversification rights available under the plan).. (4) Section 4980(c)(3)(A) of such Code is amended by striking if— and all that follows and inserting if the requirements of subparagraphs (B) and (C) are met.. (5) Section 407 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1107 ) is amended by adding at the end the following new subsection: (g) Notwithstanding section 408(e) or any other provision of this title, an individual account plan may not include provisions that do not meet the requirements of section 401(a)(36)(B) of the Internal Revenue Code of 1986..", "id": "H42E8031D45F4639226242BB4B8A6BB2", "header": "Diversification requirements for defined contribution plans that hold employer securities" }, { "text": "203. Improvements in simplified employee pensions \n(a) Participation requirements \nParagraph (2) of section 408(k) of the Internal Revenue Code of 1986 (relating to participation requirements) is amended— (1) in subparagraph (A), by adding and at the end, and (2) by striking subparagraphs (B) and (C) and inserting the following: (B) has completed at least 3 years of service (as defined in section 411(a)(5)) for the employer.. (b) Nondiscrimination rules \nSubparagraph (C) of section 408(k)(3) of such Code (requiring contribution to bear uniform relationship to total compensation) is amended— (1) in the heading, by striking must bear uniform relationship to total compensation and inserting must be uniform , and (2) by inserting after unless contributions thereto the following: are uniform for all employees maintaining a simplified employee pension or. (c) Consent to participation not required \nParagraph (2) of section 408(k) of such Code (relating to participation requirements) is amended by adding at the end the following new flush sentence: An employer may establish and maintain a simplified employee pension for an employee without the employee’s consent.. (d) Separate treatment of contributions to simplified employee pensions \nSubsection (h) of section 404 of such Code is amended by striking paragraphs (2) and (3) and inserting the following new paragraph: (2) Limitation based on combination of plans inapplicable \nContributions to a simplified employee pension shall not be taken into account for purposes of subsection (a)(7).. (e) Joint and survivor annuity requirements \nSection 408(k) of such Code is amended— (1) by redesignating paragraph (9) as paragraph (10), and (2) by inserting after paragraph (8) the following new paragraph: (9) Joint and survivor annuity requirements \nRequirements similar to the requirements of section 401(a)(11) shall apply with respect to annuities purchased with amounts distributed from simplified employee pensions.. (f) Annual reporting requirements for simplified employee pensions \nParagraph (1) of section 408(l) of such Code (relating to simplified employer reports) is amended to read as follows: (1) In general \nThe Secretary shall require by regulations that an employer who makes a contribution on behalf of an employee to a simplified employee pension shall provide simplified annual reports. The reports required by this subsection shall be filed in such manner, and information with respect to such contributions shall be furnished to the employee in such manner, as may be required by regulations, except that such reports shall include information sufficient to allow the employee to determine that the simplified employee pension is in compliance with the requirements of this section.. (g) Deductibility of contributions to simplified employee pensions in connection with domestic service \n(1) In general \nSection 404 of such Code (relating to deductions for contributions of an employer to an employee’s trust or annuity plan and compensation under a deferred-payment plan) is amended by adding at the end the following new subsection: (o) Deductibility of contributions to simplified employee pensions in connection with domestic service \n(1) In general \nSolely for purposes of subsection (a), contributions by an employer to a simplified employee pension of an employee in connection with service constituting domestic service employment shall be treated as if such contributions would otherwise be deductible under section 162 but for subsection (a). (2) Domestic service employment \nFor purposes of paragraph (1), the term domestic service employment means domestic service in a private home of the employer (within the meaning of the last sentence of section 3510(c)) in any case in which taxes are imposed by chapter 21 or 23 on remuneration paid for such service.. (2) Effective date \nThe amendment made by this subsection shall apply to taxable years beginning after December 31, 2004.", "id": "HD1866FB1B72C402D9182FDF1B44D63DC", "header": "Improvements in simplified employee pensions" }, { "text": "204. Pension integration rules \n(a) Applicability of new integration rules extended to all existing accrued benefits \nNotwithstanding subsection (c)(1) of section 1111 of the Tax Reform Act of 1986 (relating to effective date of application of nondiscrimination rules to integrated plans) (100 Stat. 2440), effective for plan years beginning after the date of the enactment of this Act, the amendments made by subsection (a) of such section 1111 shall also apply to benefits attributable to plan years beginning on or before December 31, 1988. (b) Integration disallowed for simplified employee pensions \n(1) In general \nSubparagraph (D) of section 408(k)(3) of the Internal Revenue Code of 1986 (relating to permitted disparity under rules limiting discrimination under simplified employee pensions) is repealed. (2) Conforming amendment \nSubparagraph (C) of such section 408(k)(3) is amended by striking and except as provided in subparagraph (D),. (3) Effective date \nThe amendments made by this subsection shall apply with respect to taxable years beginning on or after January 1, 2005. (c) Eventual repeal of integration rules \nEffective for plan years beginning on or after January 1, 2006— (1) subparagraphs (C) and (D) of section 401(a)(5) of the Internal Revenue Code of 1986 (relating to pension integration exceptions under nondiscrimination requirements for qualification) are repealed, and subparagraphs (E), (F), and (G) of such section 401(a)(5) are redesignated as subparagraphs (C), (D), and (E), respectively, and (2) subsection (l) of section 401 of such Code (relating to permitted disparity in plan contributions or benefits) is repealed.", "id": "H735B6A6AA82C4A719E3F366E00474F44", "header": "Pension integration rules" }, { "text": "205. Increase to age 75 for beginning mandatory distributions \n(a) Qualified pension plans \nSubparagraph (C) of section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by striking age 70 1/2 each place it appears and inserting the applicable age. (b) Applicable age \nSubparagraph (C) of section 401(a)(9) of such Code is amended by adding at the end the following new clause: (v) Applicable age \n(I) In general \nFor purposes of this clause, the term applicable age shall be determined in accordance with the following table: Applicable Calendar year: age: 2005 71 2006 72 2007 73 2008 74 2009 and each calendar year thereafter 75. (II) Election to use age of spouse \nFor purposes of this subparagraph, an employee who files a joint return for a taxable year may elect to substitute the age of the employee’s spouse for his age.. (c) Individual retirement accounts \nParagraph (1) of section 219(d) of such Code is amended— (1) by striking age 70 1/2 in the text and inserting the applicable age (as defined in section 401(a)(9)(C)(v)) , and (2) by striking age 70 1/2 in the heading and inserting the applicable age. (d) Roth IRA’s \nParagraph (4) of section 408A(c) of such Code is amended— (1) by striking age 70 1/2 in the text and inserting the applicable age (as defined in section 401(a)(9)(C)(v)) , and (2) by striking age 70 1/2 in the heading and inserting the applicable age.", "id": "HAA836E56896F4E48A88B0719FB26A4D6", "header": "Increase to age 75 for beginning mandatory distributions" }, { "text": "206. Restrictions on exclusion of unionized employees from participation in 401(k) plans \nParagraph (4) of section 401(k) of the Internal Revenue Code of 1986 (relating to other requirements) is amended by adding at the end the following new subparagraph: (D) Benefits subject of bargaining \nA cash or deferred arrangement of any employer shall not be treated as a qualified cash or deferred arrangement if any employee of such employer— (i) who is described in section 410(b)(3)(A), and (ii) who is not eligible to benefit under the arrangement, is not otherwise covered under an employee pension benefit plan (as defined in section 3(2)(A) of the Employee Retirement Income Security Act of 1974) which is maintained for employees of such employer pursuant to an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers and which is qualified under section 401(a)..", "id": "H50B6BC73D4A942ADB1ADD89B9B70754B", "header": "Restrictions on exclusion of unionized employees from participation in 401(k) plans" }, { "text": "207. Removal of $5,000 limit on plans subject to automatic rollover upon mandatory distribution \nSection 401(a)(31)(B) of the Internal Revenue Code of 1986 (relating to certain mandatory distributions) is amended— (1) in clause (i), by striking In case of a trust which is part of an eligible plan, such trust and inserting A trust , (2) in clause (i)(I), by striking in excess of $1,000 , and (3) by striking clause (ii) and inserting the following new clause: (ii) Distribution described \nA distribution from a plan is described in this clause if such distribution is an immediate distribution of the entire nonforfeitable accrued benefit of the participant and is in excess of $1,000..", "id": "H8D916A3F6C39472E863BB5F88424D5B5", "header": "Removal of $5,000 limit on plans subject to automatic rollover upon mandatory distribution" }, { "text": "301. Savers credit made refundable and permanent \n(a) Savers credit made refundable \n(1) In general \nThe Internal Revenue Code of 1986 is amended by redesignating section 25B as section 35A and by moving such section after section 35 in subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits). (2) Conforming amendments \n(A) Section 35A of such Code, as so redesignated, is amended by striking subsection (g) and redesignating subsection (h) as subsection (g). (B) Subparagraph (B) of section 24(b)(3) of such Code is amended by striking sections 23 and 25B and inserting section 23. (C) Subparagraph (C) of section 25(e)(1) of such Code is amended by striking 25B,. (D) Each of the following provisions of such Code are amended by striking 24, and 25B and inserting and 24 : (i) Section 26(a)(1). (ii) Section 904(h). (iii) Section 1400C(d). (E) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting or 35A after section 35. (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 25 B. (G) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 35 the following new item: Sec. 35A. Elective deferrals and IRA contributions by certain individuals. (b) Savers credit made permanent \n(1) In general \nSection 35A of the Internal Revenue Code of 1986, as amended by this section, is amended by striking subsection (g). (2) Repeal of EGTRRA sunset \nTitle IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to section 618 of such Act.", "id": "H17F991327BBF4E4A85B55130C2481B37", "header": "Savers credit made refundable and permanent" }, { "text": "302. Credit for qualified pension plan contributions of small employers \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. Small employer pension plan contributions \n(a) General rule \nFor purposes of section 38, in the case of an eligible employer, the small employer pension plan contribution credit determined under this section for any taxable year is an amount equal to 50 percent of the amount which would (but for subsection (f)(1)) be allowed as a deduction under section 404 for such taxable year for qualified employer contributions made to any qualified retirement plan on behalf of any nonhighly compensated employee. (b) Credit limited to 3 years \nThe credit allowable by this section shall be allowed only with respect to the period of 3 taxable years beginning with the taxable year in which the qualified retirement plan becomes effective. (c) Qualified employer contribution \nFor purposes of this section— (1) Defined contribution plans \nIn the case of a defined contribution plan, the term qualified employer contribution means the amount of nonelective and matching contributions to the plan made by the employer on behalf of any nonhighly compensated employee to the extent such amount does not exceed 3 percent of such employee’s compensation from the employer for the year. (2) Defined benefit plans \nIn the case of a defined benefit plan, the term qualified employer contribution means the amount of employer contributions to the plan made on behalf of any nonhighly compensated employee to the extent that the accrued benefit of such employee derived from such contributions for the year do not exceed the equivalent (as determined under regulations prescribed by the Secretary and without regard to contributions and benefits under the Social Security Act) of 3 percent of such employee’s compensation from the employer for the year. (d) Qualified retirement plan \n(1) In general \nThe term qualified retirement plan means any plan described in section 401(a) which includes a trust exempt from tax under section 501(a) if the plan meets— (A) the contribution requirements of paragraph (2), (B) the vesting requirements of paragraph (3), and (C) the distributions requirements of paragraph (4). (2) Contribution requirements \n(A) In general \nThe requirements of this paragraph are met if, under the plan— (i) the employer is required to make nonelective contributions of at least 1 percent of compensation (or the equivalent thereof in the case of a defined benefit plan) for each nonhighly compensated employee who is eligible to participate in the plan, and (ii) except in the case of a defined benefit plan, allocations of nonelective employer contributions are either in equal dollar amounts for all employees covered by the plan or bear a uniform relationship to the total compensation, or the basic or regular rate of compensation, of the employees covered by the plan. (B) Compensation limitation \nThe compensation taken into account under subparagraph (A) for any year shall not exceed the limitation in effect for such year under section 401(a)(17). (3) Vesting requirements \nThe requirements of this paragraph are met if the plan satisfies the requirements of subparagraph (A) or (B). (A) 3-year vesting \nA plan satisfies the requirements of this subparagraph if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions. (B) 5-year graded vesting \nA plan satisfies the requirements of this subparagraph if an employee has a nonforfeitable right to a percentage of the employee’s accrued benefit derived from employer contributions determined under the following table: The nonforfeitable Years of service: percentage is: 1 20 2 40 3 60 4 80 5 or more 100. (4) Distribution requirements \n(A) In general \nExcept as provided in subparagraph (B), the requirements of this paragraph are met if, under the plan— (i) in the case of a profit-sharing or stock bonus plan, amounts are distributable only as provided in section 401(k)(2)(B), and (ii) in the case of a pension plan, amounts are distributable subject to the limitations applicable to other distributions from the plan. (B) Distributions within 5 years after separation, etc \nIn no event shall a plan meet the requirements of this paragraph unless, under the plan, amounts distributed— (i) after separation from service or severance from employment, and (ii) within 5 years after the date of the earliest employer contribution to the plan, may be distributed only in a direct trustee-to-trustee transfer to a plan having the same distribution restrictions as the distributing plan. (e) Other definitions \nFor purposes of this section— (1) Eligible employer \nThe term eligible employer has the meaning given such term by section 408(p)(2)(C)(i). (2) Nonhighly compensated employees \nThe term highly compensated employee has the meaning given such term by section 414(q) (determined without regard to section 414(q)(1)(B)(ii)). (f) Special rules \n(1) Disallowance of deduction \nNo deduction shall be allowed for that portion of the qualified employer contributions paid or incurred for the taxable year which is equal to the credit determined under subsection (a). (2) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (g) Recapture of credit on forfeited contributions \nIf any accrued benefit which is forfeitable by reason of subsection (d)(3) is forfeited, the employer’s tax imposed by this chapter for the taxable year in which the forfeiture occurs shall be increased by 35 percent of the employer contributions from which such benefit is derived to the extent such contributions were taken into account in determining the credit under this section. (h) Regulations \nThe Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the abuse of the purposes of this section through the use of multiple plans. (i) Termination \nThis section shall not apply to any plan established after December 31, 2012.. (b) Credit allowed as part of general business credit \nSection 38(b) of such Code (defining current year business credit) is amended by striking plus at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , plus , and by adding at the end the following new paragraph: (16) in the case of an eligible employer (as defined in section 45G(e)), the small employer pension plan contribution credit determined under section 45G(a).. (c) Conforming amendments \n(1) Section 39(d) of such Code is amended by adding at the end the following new paragraph: (11) No carryback of small employer pension plan contribution credit before January 1, 2002 \nNo portion of the unused business credit for any taxable year which is attributable to the small employer pension plan contribution credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2005.. (2) Subsection (c) of section 196 of such Code is amended by striking and at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting , and , and by adding at the end the following new paragraph: (11) the small employer pension plan contribution credit determined under section 45G(a).. (3) The 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. Small employer pension plan contributions. (d) Effective date \nThe amendments made by this section shall apply to contributions paid or incurred in taxable years beginning after December 31, 2004.", "id": "H5F19310A9A7E4FC2B1E48523AC479195", "header": "Credit for qualified pension plan contributions of small employers" }, { "text": "45G. Small employer pension plan contributions \n(a) General rule \nFor purposes of section 38, in the case of an eligible employer, the small employer pension plan contribution credit determined under this section for any taxable year is an amount equal to 50 percent of the amount which would (but for subsection (f)(1)) be allowed as a deduction under section 404 for such taxable year for qualified employer contributions made to any qualified retirement plan on behalf of any nonhighly compensated employee. (b) Credit limited to 3 years \nThe credit allowable by this section shall be allowed only with respect to the period of 3 taxable years beginning with the taxable year in which the qualified retirement plan becomes effective. (c) Qualified employer contribution \nFor purposes of this section— (1) Defined contribution plans \nIn the case of a defined contribution plan, the term qualified employer contribution means the amount of nonelective and matching contributions to the plan made by the employer on behalf of any nonhighly compensated employee to the extent such amount does not exceed 3 percent of such employee’s compensation from the employer for the year. (2) Defined benefit plans \nIn the case of a defined benefit plan, the term qualified employer contribution means the amount of employer contributions to the plan made on behalf of any nonhighly compensated employee to the extent that the accrued benefit of such employee derived from such contributions for the year do not exceed the equivalent (as determined under regulations prescribed by the Secretary and without regard to contributions and benefits under the Social Security Act) of 3 percent of such employee’s compensation from the employer for the year. (d) Qualified retirement plan \n(1) In general \nThe term qualified retirement plan means any plan described in section 401(a) which includes a trust exempt from tax under section 501(a) if the plan meets— (A) the contribution requirements of paragraph (2), (B) the vesting requirements of paragraph (3), and (C) the distributions requirements of paragraph (4). (2) Contribution requirements \n(A) In general \nThe requirements of this paragraph are met if, under the plan— (i) the employer is required to make nonelective contributions of at least 1 percent of compensation (or the equivalent thereof in the case of a defined benefit plan) for each nonhighly compensated employee who is eligible to participate in the plan, and (ii) except in the case of a defined benefit plan, allocations of nonelective employer contributions are either in equal dollar amounts for all employees covered by the plan or bear a uniform relationship to the total compensation, or the basic or regular rate of compensation, of the employees covered by the plan. (B) Compensation limitation \nThe compensation taken into account under subparagraph (A) for any year shall not exceed the limitation in effect for such year under section 401(a)(17). (3) Vesting requirements \nThe requirements of this paragraph are met if the plan satisfies the requirements of subparagraph (A) or (B). (A) 3-year vesting \nA plan satisfies the requirements of this subparagraph if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions. (B) 5-year graded vesting \nA plan satisfies the requirements of this subparagraph if an employee has a nonforfeitable right to a percentage of the employee’s accrued benefit derived from employer contributions determined under the following table: The nonforfeitable Years of service: percentage is: 1 20 2 40 3 60 4 80 5 or more 100. (4) Distribution requirements \n(A) In general \nExcept as provided in subparagraph (B), the requirements of this paragraph are met if, under the plan— (i) in the case of a profit-sharing or stock bonus plan, amounts are distributable only as provided in section 401(k)(2)(B), and (ii) in the case of a pension plan, amounts are distributable subject to the limitations applicable to other distributions from the plan. (B) Distributions within 5 years after separation, etc \nIn no event shall a plan meet the requirements of this paragraph unless, under the plan, amounts distributed— (i) after separation from service or severance from employment, and (ii) within 5 years after the date of the earliest employer contribution to the plan, may be distributed only in a direct trustee-to-trustee transfer to a plan having the same distribution restrictions as the distributing plan. (e) Other definitions \nFor purposes of this section— (1) Eligible employer \nThe term eligible employer has the meaning given such term by section 408(p)(2)(C)(i). (2) Nonhighly compensated employees \nThe term highly compensated employee has the meaning given such term by section 414(q) (determined without regard to section 414(q)(1)(B)(ii)). (f) Special rules \n(1) Disallowance of deduction \nNo deduction shall be allowed for that portion of the qualified employer contributions paid or incurred for the taxable year which is equal to the credit determined under subsection (a). (2) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (g) Recapture of credit on forfeited contributions \nIf any accrued benefit which is forfeitable by reason of subsection (d)(3) is forfeited, the employer’s tax imposed by this chapter for the taxable year in which the forfeiture occurs shall be increased by 35 percent of the employer contributions from which such benefit is derived to the extent such contributions were taken into account in determining the credit under this section. (h) Regulations \nThe Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the abuse of the purposes of this section through the use of multiple plans. (i) Termination \nThis section shall not apply to any plan established after December 31, 2012.", "id": "H999406EFCB6C4702AFD2F36B167C6EA5", "header": "Small employer pension plan contributions" }, { "text": "303. Notice \nThe Secretary of the Treasury shall establish an ongoing program, in coordination with employers, under which the Secretary shall ensure that employees and other affected individuals remain fully and effectively notified of the availability of tax credits under sections 35, 35A, and 45G of the Internal Revenue Code of 1986.", "id": "HF7202B4E141F4C0B8B15C5DE048D669F", "header": "Notice" }, { "text": "401. Modifications of joint and survivor annuity requirements \n(a) Amount of annuity \n(1) Option to elect qualified alternative joint and survivor annuity form of benefit upon waiver of qualified joint and survivor annuity form of benefit \nSection 417(a)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (A) under the plan, each participant— (i) may elect at any time during the applicable election period to waive the qualified joint and survivor annuity form of benefit, (ii) may elect at any time during the applicable election period to waive the qualified preretirement survivor annuity form of benefit, (iii) may elect at any time during the applicable election period, in any case in which the qualified joint and survivor annuity form of benefit is not provided by reason of a waiver under clause (i), to be provided a qualified alternative joint and survivor annuity form of benefit, and (iv) may revoke any such election at any time during the applicable election period, and. (2) Qualified alternative joint and survivor annuity defined \nSection 417 of such Code is amended by adding at the end the following new subsection: (i) Definition of qualified optional survivor annuity \n(1) In general \nFor purposes of this section, the term qualified alternative joint and survivor annuity means an annuity— (A) for the life of the participant with a survivor annuity for the life of the spouse which is equal to the applicable percentage (determined under paragraph (2)) of (and not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse, and (B) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity form having the effect of an annuity described in the preceding sentence. (2) Applicable percentage \n(A) In general \nFor purposes of paragraph (1)— (i) if the base survivor annuity percentage is less than 75 percent, the applicable percentage is 75 percent, and (ii) if the base survivor annuity percentage is equal to at least 75 percent, the applicable percentage is 50 percent. (B) Survivor annuity percentage \nFor purposes of subparagraph (A), the term survivor annuity percentage means the percentage which the survivor annuity under the plan’s qualified joint and survivor annuity form of benefit bears to the annuity payable during the joint lives of the participant and the spouse under such form of benefit.. (b) Exemption in the case of plans offering fully subsidized qualified joint and survivor annuities \nSection 417(a)(5) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraph (B) as subparagraph (C), and (2) by inserting after subparagraph (A) the following new subparagraph: (B) Qualified alternative joint and survivor annuities \nThe requirements of this subsection shall not apply with respect to the qualified alternative joint and survivor annuity form of benefit if the plan fully subsidizes the costs of the qualified joint and survivor annuity form of benefit.. (c) Illustration requirement \nSection 417(a)(3)(A)(i) of the Internal Revenue Code of 1986 is amended to read as follows: (i) the terms and conditions of the qualified joint and survivor annuity form of benefit offered by the plan, the terms and conditions of the qualified preretirement survivor annuity form of benefit offered by the plan, and the terms and conditions of the qualified alternative joint and survivor annuity form of benefit offered by the plan, accompanied by an illustration of the benefits under each such form of benefit for the particular participant and spouse and an acknowledgement form to be signed by the participant and the spouse that they have read and considered the illustration before any election is made pursuant to clause (i) or (ii) of subsection (c)(1)(A).. (d) Rule of construction \nFor purposes of section 411(d)(6) of the Internal Revenue Code of 1986, a plan shall not be treated as having decreased the accrued benefit of a participant solely by reason of the adoption of a plan amendment under which a qualified alternative joint and survivor annuity form of benefit is added to the plan in accordance with section 417(a)(1)(A)(ii) of such Code (as amended by this section).", "id": "HCF7FB582708B4B6DA2F6BE0858DAFEE", "header": "Modifications of joint and survivor annuity requirements" }, { "text": "402. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee \n(a) In general \nSection 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (1) in subsection (c)(4)(i), by striking (A) is entitled to an annuity under subsection (a)(1) and (B) ; and (2) in subsection (e)(5), by striking or divorced wife the second place it appears. (b) Effective date \nThe amendments made by this section shall take effect 1 year after the date of the enactment of this Act.", "id": "HD84953F40B2B4CE1A5D0A680131C5C38", "header": "Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee" }, { "text": "403. Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements \n(a) In general \nSection 5 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231d ) is amended by adding at the end the following: (d) Notwithstanding any other provision of law, the payment of any portion of an annuity computed under section 3(b) to a surviving former spouse in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree shall not be terminated upon the death of the individual who performed the service with respect to which such annuity is so computed unless such termination is otherwise required by the terms of such court decree. (b) Effective date \nThe amendment made by this section shall take effect 1 year after the date of the enactment of this Act.", "id": "HAF37B363C19B45BFA714FA823525A8AE", "header": "Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements" }, { "text": "501. Defined benefit plan with deferred compensation arrangement in a single plan \n(a) Defined benefit plan permitted to have 401(k) arrangement \n(1) In general \nParagraphs (1) and (2) of section 401(k) of the Internal Revenue Code of 1986 are both amended by striking or a rural cooperative plan and inserting , a rural cooperative plan, or a defined benefit plan. (2) Adjustment of 401(k) rules \nSection 401(k) of such Code is amended— (A) in paragraph (2)(B)(i)(III), by striking in the case of a profit-sharing or stock bonus plan, , (B) in paragraph (2)(B)(i)(IV), by striking to a profit-sharing or stock bonus plan , and (C) in paragraph (10)(A), by inserting before the period at the end the following: or a defined benefit plan that includes a qualified cash or deferred arrangement. (b) Qualified cash or deferred arrangement under defined benefit plan satisfies definitely determinable benefit requirement \nSubsection (a) of section 401 of such Code is amended by inserting after paragraph (34) the following new paragraph: (35) Qualified cash or deferred arrangement under defined benefit plan satisfies definitely determinable benefit requirement \nA trust forming part of a defined benefit plan shall not be treated as failing to constitute a qualified trust merely because such plan includes a qualified cash or deferred arrangement.. (c) Clarification of extent to which defined contribution and defined benefit rules apply \n(1) Treatment as defined benefit plan \nSubsection (j) of section 414 of such Code is amended to read as follows: (j) Defined benefit plan \nFor purposes of this part— (1) In general \nThe term defined benefit plan means any plan which is not a defined contribution plan. (2) Plans including qualified cash and deferred arrangements \nExcept as otherwise provided in this title— (A) a pension plan which provides benefits other than benefits described in subsection (i) shall not be treated as a defined contribution plan on the basis of the inclusion in the plan of a qualified cash or deferred arrangement, and (B) any such pension plan which includes such an arrangement shall be treated as a single plan.. (2) Special rules \nSubsection (k) of section 414 of such Code is amended— (A) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs 2 ems to the right, (B) by striking A defined benefit plan and inserting the following: (1) Plans with separate accounts \nA defined benefit plan , and (C) by adding at the end the following new paragraph: (2) Plans with cash or deferred arrangements \nIn the case of a defined benefit plan which includes a qualified cash or deferred arrangement— (A) rules similar to the rules of subparagraphs (A), (B), and (C) of paragraph (1) shall apply, (B) for purposes of section 401(a)(4) (relating to nondiscrimination testing), section 401(a)(9) (relating to required distributions), section 401(a)(26) (relating to additional participation requirements), section 401(a)(31) (relating to direct transfer of eligible rollover distributions), section 404 (relating to deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan), section 412 (relating to minimum funding standards), section 414(l) (relating to merger and consolidations of plans or transfers of plan assets), and section 416 (relating to special rules for top-heavy plans), such plan shall be treated as consisting of a defined contribution plan to the extent benefits are attributable to such arrangement and as a defined benefit plan with respect to the remaining portion of benefits under the plan, and (C) for purposes of sections 411(a)(11) and 417(e), the present value of the portion of the benefit attributable to such arrangement shall be treated as being the fair market value of such arrangement.. (d) Application of pre-termination restrictions \nThe Secretary of the Treasury shall amend Treasury Regulation section 1.401(a)(4)-5(b) to provide that, in the case of a defined benefit plan which includes a qualified cash or deferred arrangement— (1) the provisions of such section shall not apply to such arrangement, and (2) the assets attributable to such arrangement shall be disregarded in applying the requirements of such section to such plan. (e) Treatment as single plan for information reporting \nSubsection (a) of section 6058 of such Code is amended by adding at the end the following: For purposes of the preceding sentence, a defined benefit plan which includes a qualified cash or deferred arrangement shall be treated as a single plan.. (f) Rules for income tax deduction \n(1) Treatment of cash or deferred arrangement as separate profit sharing plan \nSubparagraph (A) of section 404(a)(3) of such Code is amended by adding at the end the following new clause: (vi) For purposes of this subparagraph, employer contributions made with respect to a qualified cash or deferred arrangement which is part of a defined benefit plan shall be treated in the same manner as contributions to a stock bonus or profit-sharing plan.. (2) Special deduction limit for defined benefit plan \nParagraph (1) of section 404(a) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: (E) Special rule for defined benefit plans with qualified cash or deferred arrangements \nIn the case of a defined benefit plan which includes a qualified cash or deferred arrangement, the maximum amount deductible under this section (notwithstanding any other limitation under this paragraph) with respect to such plan shall not be less than the full funding limitation that would be determined under section 412(c)(7)(A) if 130 percent of the amount determined clause (i) of such section were substituted for the amount otherwise determined under clause (i).. (g) Allowable reductions in rate of benefit accrual \nSubsection (e) of section 4980F of such Code is amended by adding at the end the following new paragraph: (6) Exception for qualified cash or deferred arrangements \nA plan shall not be treated as failing to meet the requirements of paragraph (1) merely because of a reduction in, or elimination of, any contributions to a qualified cash or deferred arrangement which is part of such plan.. (h) Defined benefit funding standards not to apply to qualified cash or deferred arrangements \nSubsection (h) of section 412 of such Code is amended by striking or at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , or , and by inserting after paragraph (6) the following new paragraph: (7) any qualified cash or deferred arrangement which is part of a defined benefit plan.. (i) Inclusion in cafeteria plan \nSubparagraph (B) of section 125(d)(2) of such Code is amended by striking or rural cooperative plan (within the meaning of section 401(k)(7)) and inserting rural cooperative plan (within the meaning of section 401(k)(7)), or a defined benefit plan. (j) Vesting requirements \nSection 411(a) is amended by adding the following new paragraph: (13) Faster vesting for accruals under defined benefit plans with cash or deferred arrangements \nIn the case of a defined benefit plan which includes a qualified cash or deferred arrangement, benefit accruals and employer contributions (other than elective deferrals, as defined in section 401(m)(4)) shall be treated as matching contributions for purposes of paragraph (12).. (k) Effective date \nThe amendments made by this section shall apply to plan years beginning after December 31, 2005.", "id": "HA3486C3D087D4F98B11D4CCAF7822809", "header": "Defined benefit plan with deferred compensation arrangement in a single plan" }, { "text": "502. Defined benefit accruals satisfy 401(k) safe harbor \n(a) In general \nParagraph (12) of section 401(k) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A)(i) by inserting or the benefit accrual requirements of subparagraph (D) after or (C) , and (2) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) Benefit accruals \n(i) In general \nThe requirements of this subparagraph are met if the requirements of clause (ii) or (iii) are met. (ii) Traditional formula \n(I) In general \nThe requirements of this clause are met if, under the arrangement, the employer is required, without regard to whether the employee makes an elective contribution or employee contribution, to provide an accrual under a defined benefit plan on behalf of each employee who is not a highly compensated employee and who is eligible to participate in the arrangement. Such accrual shall be for each year in which the participant is eligible for the arrangement, and the plan is satisfying the requirements of this subparagraph, in an amount equal to at least 1 percent of average compensation multiplied by years of service, payable as a life annuity commencing at age 65. The plan may cap the cumulative benefit accrued under such formula to an amount that is not less than 20 percent of average compensation. (II) Average compensation \nFor purposes of subclause (I), the term average compensation means the average compensation (as defined by section 414(s)) received by the participant during the testing period. The plan may define the testing period as all years of service of the participant, as a period of consecutive years of service of the participant which produces the highest average compensation, or as a period of consecutive years of service which includes the last year of service of the participant. The testing period shall not include fewer than 3 years of service except in the case of participants with fewer than 3 years of service. (III) Years of service \nFor purposes of this clause, a year of service shall be determined under paragraphs (4), (5), and (6) of section 411(a), except the plan need not include as a year of service any year of service ending in a plan year that began before the employee became a participant in the plan, or any year of service that begins in a plan year in which the participant dies, has a severance from employment, or becomes disabled (within the meaning of section 72(m)(7)). (IV) Adjustments for early and late retirement \nThe amount determined under subclause (I) shall be adjusted actuarially if benefits under the plan commence later than age 65. Such amount may (but is not required to) be adjusted for early retirement if benefits commence (or normal retirement age is) earlier than age 65. (iii) Cash balance formula \n(I) In general \nThe requirements of this clause are met if, under the arrangement, the employer is required, without regard to whether the employee makes an elective contribution or employee contribution, to provide a hypothetical allocation under a cash balance plan on behalf of each employee who is not a highly compensated employee and who is eligible to participate in the arrangement in any year in an amount which is not less than the product of the average compensation of the employee (within the meaning of clause (ii)(II), multiplied by the cash balance contribution percentage with respect to such employee. (II) Cash balance contribution percentage \nFor purposes of subclause (I), the term cash balance contribution percentage means, with respect to any employee, 2 percent if such employee has not attained age 31, 4 percent if such employee has attained age 31 but has not attained age 40, 6 percent if such employee has attained age 40 but has not attained age 50, and 8 percent if such employee has attained age 50. (III) Cash balance plan defined \nFor purposes of subclause (I), a cash balance plan is a defined benefit plan that defines an employee’s benefits by reference to the employee’s hypothetical account. Such hypothetical account is determined by reference, first, to hypothetical contribution allocations, and, second, to hypothetical interest credits (on an annual or more frequent basis). The right to future interest credits are determined without regard to future service. (IV) No predecessor defined benefit plan \nThe requirements of this clause shall not be treated as met if, during the 3-year period immediately preceding the effective date of a cash balance plan meeting the requirements of subclause (I), the employer (or any related employer, within the meaning of subsection (b), (c), (m), or (o) of section 414), maintained a defined benefit plan that was not a cash balance plan and which benefited any participant who is a participant in the plan which meets the requirements of subclause (I).. (b) Conforming amendments \n(1) Section 401(k)(12)(A)(ii) of such Code is amended by striking subparagraph (D) and inserting subparagraph (E). (2) Section 401(k)(12)(F)(i) of such Code (as redesignated by subsection (a)) is amended by adding at the end the following: An arrangement shall not be treated as meeting the requirements of subparagraph (D) of this paragraph unless the requirements of paragraph (2)(B) are met with respect to the benefit accruals provided pursuant to subparagraph (D) of this paragraph.. (3) Section 401(k)(12)(F)(ii) of such Code (as redesignated by subsection (a)) is amended— (A) by striking subparagraph (B) or (C) the first place it appears and inserting subparagraph (B), (C), or (D) , and (B) by inserting and benefit accruals under subparagraph (D) after subparagraph (B) or (C) the second place it appears. (4) Section 416(g)(4)(H) of such Code is amended to read as follows: (H) Cash or deferred arrangements using alternative methods of meeting nondiscrimination requirements \n(i) In general \nThe term top-heavy plan shall not include a plan described in clause (ii) or (iii). (ii) Defined contribution plan \nThe plan described in this clause is a defined contribution plan which consists solely of— (I) a cash or deferred arrangement which meets the requirements of section 401(k)(12), and (II) matching contributions with respect to which the requirements of section 401(m)(11) are met. (iii) Defined benefit plan \nThe plan described in this clause is a defined benefit plan which consists exclusively of one or more— (I) cash or deferred arrangements which meet the requirements of section 401(k)(12), and (II) qualified matching accruals, as described in section 401(m)(12). If, but for this subparagraph, a plan would be treated as a top-heavy plan because it is a member of an aggregation group which is a top-heavy group, contributions or benefits under the plan may be taken into account in determining whether any other plan in the group meets the requirements of subsection (c) and, a plan meeting the requirements of section 401(k)(12)(D) shall be deemed to satisfy the requirements of subsection (c).. (5) Special rule for plan with multiple accrual formulas \nParagraph (1) of section 411(b) of such Code is amended by adding at the end the following new subparagraph: (I) Multiple formulas \n(i) In general \nIf a defined benefit plan contains multiple accrual formulas, the requirements of this paragraph may be satisfied separately for each formula. (ii) Certain benefit accruals treated as multiple accruals treated as multiple accrual formulas \nFor purposes of this subparagraph, a plan has multiple accrual formulas if a participant’s accrued benefit is determined either as the greater of the benefit determined under two or more separate formulas or as the sum of the benefit determined under two or more separate formulas. (iii) Certain formulas treated as separate accrual formulas \nFor purposes of clause (i), the benefit formulas described in section 401(k)(12)(D) and section 401(m)(12) shall be treated as separate from the minimum benefit formula described in section 416(c)(1).. (c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall apply to years beginning after December 31, 2005. (2) Cash balance formula \nSection 401(k)(12)(D)(iii) of the Internal Revenue Code of 1986, as added by subsection (a)(2), shall not apply to plan years beginning before the effective date of an Act which provides for the application of section 411(b)(1)(H) of such Code to cash balance plans.", "id": "HBB1AFC735E9C4D35BC8D45EC1E08BAAE", "header": "Defined benefit accruals satisfy 401(k) safe harbor" }, { "text": "503. Additional accruals under defined benefit plan provided as matching contributions \n(a) Certain arrangements under defined benefit plan satisfy definitely determinable benefit requirement \nParagraph (35) of section 401(a) of the Internal Revenue Code of 1986 (as added by section 2(b)) is amended by inserting or qualified matching accruals (as defined in subsection (m)(12)) before the period at the end. (b) Matching accruals \nSubsection (m) of section 401 of such Code is amended by redesignating paragraph (12) as paragraph (13) and by inserting after paragraph (11) the following new paragraph: (12) Special rules relating to qualified matching accruals under a defined benefit plan \nFor purposes of this section— (A) Qualified matching accrual \nThe term qualified matching accrual means an amount funded by an employer in the form of a benefit accrual under a defined benefit plan to match elective deferrals under a qualified cash or deferred arrangement which is part of such plan and which meets the formula requirements of subparagraph (B). The benefit accrual shall be determined under a nondiscretionary formula set forth in the defined benefit plan. For purposes of determining such benefit accrual, the amount of elective deferrals taken into account under such formula may be limited under the plan. (B) Formula requirements \nA benefit accrual meets the requirements of this subparagraph if such accrual is a hypothetical contribution that is added to a participant’s hypothetical account balance, the amount of which is determined, in accordance with the matching accrual formula set forth in the plan, with reference to the amount of the elective deferrals made by the participant for the plan year to a qualified cash or deferred arrangement which is part of the defined benefit plan. Matching accruals under the formula may vary with age or other employment-related factors. (C) Coordinate with employer contributions \nFor purposes of paragraph (4), the term employer contributions shall not include any amount contributed by an employer to a defined benefit plan for the purpose of funding any qualified matching accruals. (D) Safe harbor formula \nA qualified matching accrual formula shall be deemed to satisfy subsection (a)(4) if it satisfies the requirements of clauses (i) and (ii). (i) Elective deferrals at or above maximum matchable rate \nFor an employee who makes elective deferrals at or above the maximum matchable rate, the qualified matching benefit accrual for the plan year is a hypothetical allocation under a cash balance plan (as defined in section 401(k)(12)(D)(iii)(III)) that equals a percentage (not greater than 4 percent) of compensation (as defined in section 414(s)). (ii) Elective deferrals below maximum matchable rate \nFor employees who make elective deferrals at a rate that is below the maximum matchable rate, the qualified matching benefit accrual for such plan year shall be prorated. The plan may prorate the qualified benefit accrual on the basis of whole percentages, and the plan may require that an employee’s elective deferrals be stated as whole percentages. (iii) Maximum matchable rate \nFor purposes of this subparagraph, the maximum matchable rate must be a specified percentage of compensation which does not exceed 4 percent.. (c) Exception to benefit contingency rule \nSubparagraph (A) of section 401(k)(4) of such Code is amended by inserting or qualified matching accruals (as defined in subsection (m)(12) after section 401(m)). (d) Forfeitures by reason of excess deferral \nSubparagraph (G) of section 411(a)(3) of the Code is amended by adding at the end the following: A rule similar to the rule of the preceding sentence shall apply with respect to qualified matching accruals (as defined in section 401(m)(12)). (e) Accrued benefit requirement with respect to Matching accruals \nParagraph (1) of section 411(b) of such Code is amended by adding at the end the following new subparagraph: (J) In the case of qualified matching accruals (as defined in section 401(m)(12)), the requirements for accrued benefits set forth in subparagraphs (A) through (H) of this subsection shall be applied on the basis of the rate of matching accruals available to participants, without regard to the actual elective deferrals made by participants.. (f) Participation requirements with respect to qualified Matching accruals \nParagraph (26) of section 401(a) of such Code is amended by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: (I) Special testing rules for qualified Matching accruals \n(i) If a defined benefit plan includes qualified matching accruals (as defined in section 401(m)(12)), the rules in clauses (ii) and (iii) shall apply. (ii) Qualified Matching accruals only benefit formula \nIf the only benefit formula in the defined benefit plan is a qualified matching accrual formula, the requirements of this paragraph shall be applied by treating a participant’s annual benefit accrual as the maximum accrual that was available to the participant for the plan year, regardless of whether the maximum matchable elective deferrals were actually made by the participant. If the qualified matching accrual formula applies to elective deferrals in excess of 6 percent of compensation, then the requirements of this paragraph must be applied by taking into account the actual matching accruals earned by participants for the plan year. (iii) Multiple formulas \nIf the defined benefit plan includes one or more benefit formulas in addition to a qualified matching accrual formula, the employer may elect to apply clause (ii) to the qualified matching accrual formulas only if the requirements of this paragraph are satisfied separately with respect to the benefit accruals that are determined without regard to the qualified matching accrual formula.. (g) Regulations for meeting nondiscrimination requirements \n(1) In general \nThe Secretary of the Treasury shall prescribe regulations on ways in which qualified matching accruals (as defined by section 401(m)(12) of the the Internal Revenue Code of 1986, as added by this section) that do not satisfy the formula requirements of section 401(m)(12)(D) of such Code (as enacted by subsection (b) of this section) can satisfy the nondiscrimination requirements of section 401(a)(4) of such Code. The regulations may prescribe safe harbor formulas in addition to those prescribed by section 401(m)(12)(D). (2) Temporary and final form \nThe Secretary shall prescribe the regulations required by paragraph (1) in temporary form not later than 6 months after the effective date of this section and in final form not later than 18 months after the effective date of this section. (h) Plan years beginning before issuance of regulations \nFor plan years beginning prior to the date the regulations described in subsection (g) are issued in final form, a plan’s qualified matching accrual formula must satisfy a reasonable, good faith, interpretation of section 401(a)(4) of such Code. (i) Effective date \nThe amendments made by this section shall be effective for plan years beginning after the effective date of the Act described in section 3(c)(2).", "id": "HB736C0A6E53E48178D5FC195BDE06B2B", "header": "Additional accruals under defined benefit plan provided as matching contributions" }, { "text": "504. Limitation on deductions where combination of defined contribution plan and defined benefit plan \n(a) Elective deferrals \nClause (ii) of section 404(a)(7)(C) of the Internal Revenue Code of 1986 (relating to elective deferrals) is amended to read as follows: (ii) Elective deferrals \nFor purposes of this paragraph, an employee shall not be treated as a beneficiary of a defined contribution plan for a taxable year if the only employer contributions made on behalf of such employee for the taxable year are elective deferrals (as defined in section 402(g)(3)).. (b) Limitation not applicable to defined benefit plans with cash or deferred arrangement \nSubparagraph (C) of section 404(a)(7) is amended by adding at the end the following: (iii) Defined benefit plan with cash or deferred arrangement \nFor purposes of this paragraph, an employee shall not be treated as a beneficiary of a defined contribution plan for a taxable year merely because the employee is a beneficiary of a cash or deferred arrangement which is part of a defined benefit plan for such year.. (c) Effective date \nThe amendments made by this section shall apply to years beginning after December 31, 2005.", "id": "H844C6CE705374B09B4FAC9531D28B772", "header": "Limitation on deductions where combination of defined contribution plan and defined benefit plan" }, { "text": "505. Conforming amendments to the Employee Retirement Income Security Act of 1974 \n(a) Definition \nSection 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ) is amended by adding at the end the following new paragraph: (42) The term qualified cash or deferred arrangement has the meaning provided such term in section 401(k)(2) of the Internal Revenue Code of 1986.. (b) General rules regarding treatment of pension plans including qualified cash or deferred arrangements \nSection 3(35) of such Act ( 29 U.S.C. 1002(35) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting (A) after (35) ; and (3) by adding at the end the following new subparagraph: (B) (i) Except as provided in this title— (I) a pension plan which provides benefits other than benefits described in paragraph (34) shall not be treated as an individual account plan or a defined contribution plan on the basis of the inclusion in the plan of a qualified cash or deferred arrangement, and (II) any such pension plan which includes such an arrangement shall be treated as a single plan. (ii) Any pension plan which provides benefits other than benefits described in paragraph (34) and which includes a qualified cash or deferred arrangement— (I) for purposes of section 202, shall be treated as an individual account plan or a defined contribution plan; (II) for purposes of section 203, shall be treated as an individual account plan or defined contribution plan to the extent benefits are attributable to such arrangement and as a defined benefit plan with respect to the remaining portion of benefits under the plan, and (III) for purposes of sections 406, 407, and 408, shall, in any case in which the arrangement (if treated as a separate plan) would be an eligible individual account plan (as defined in section 407(d)(3)), be treated as an individual account plan or defined contribution plan with respect to assets attributable to such arrangement and as a defined benefit plan with respect to the remaining assets of the plan, and shall, in any other case, be treated as a single defined benefit plan.. (c) Valuation of benefits attributable to separate accounts \n(1) Restrictions on immediate distribution \nSection 203(e) of such Act ( 29 U.S.C. 1053(e) ) is amended by adding at the end the following new paragraph: (5) In the case of a defined benefit plan which provides a benefit derived from employer contributions (including elective deferrals (as defined in section 402(g)(3) of the Internal Revenue Code of 1986)) under a qualified cash or deferred arrangement which is maintained under such plan, for purposes of this subsection, the present value of the portion of the benefit attributable to such arrangement shall be deemed to be an amount equal to the fair market value of such arrangement.. (2) Survivor benefits \nSection 205 of such Act ( 29 U.S.C. 1055 ) is amended— (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following new subsection: (l) In the case of a defined benefit plan which provides a benefit derived from employer contributions (including elective deferrals (as defined in section 402(g)(3) of the Internal Revenue Code of 1986)) under a qualified cash or deferred arrangement which is maintained under such plan, for purposes of this section, the present value of the portion of the benefit attributable to such arrangement shall be deemed to be an amount equal to the fair market value of such arrangement.. (d) Allowable reductions in rate of benefit accrual \nSection 204(h) of such Act ( 29 U.S.C. 1054(h) ) is amended by adding at the end the following new paragraph: (10) A plan shall not be treated as failing to meet the requirements of this subsection merely because of a reduction in, or elimination of, any contributions to a qualified cash or deferred arrangement which is part of such plan.. (e) Application of minimum funding standard \n(1) Exception from standard \nSection 301(a) of such Act ( 29 U.S.C. 1081(a) ) is amended by adding at the end the following new paragraph: (11) any qualified cash or deferred arrangement which is part of a defined benefit plan.. (2) Continued application of standard to other portion of defined benefit plan \nSection 302(c) of such Act ( 29 U.S.C. 1082(c) ) is amended by adding at the end the following new paragraph: (13) Continued application of standard to other portion of defined benefit plan \nThis section shall be applied to a defined benefit plan by disregarding the value of the trust attributable to any qualified cash or deferred arrangement.. (f) Vesting requirements \nSection 203(a)(3) of such Act ( 29 U.S.C. 1053(a)(3)(F) ) is amended by adding at the end the following new subparagraph: (G) Faster vesting for accruals under defined benefit plans with cash or deferred arrangements \nIn the case of a defined benefit plan which includes a qualified cash or deferred arrangement, the rules described in subparagraph (F) shall be applied to benefit accruals under such plan and to matching contributions and nonelective contributions made under such arrangement. (g) Application of accrual rules with regard to qualified matching accruals \nSection 204(b)(1) of such Act ( 29 U.S.C. 1054(b)(1) ) is amended by adding at the end the following new subparagraph: (I) In the case of qualified matching accruals (as defined in section 401(m)(12) of the Internal Revenue Code of 1986), the requirements for accrued benefits set forth in subparagraphs (A) through (H) of this paragraph shall be applied on the basis of the rate of such qualified matching accruals available to participants, without regard to the actual elective deferrals made by participants.. (h) Multiple accrual formulas \nSection 204(b)(1) of such Act (as amended by subsection (g)) is further amended by adding at the end the following new subparagraph: (J) (i) If a defined benefit plan contains multiple accrual formulas, the requirements of this paragraph may be satisfied separately for each formula. (ii) For purposes of this subparagraph, a plan has multiple accrual formulas if a participant’s accrued benefit is determined either as the greater of the benefit determined under two or more separate formulas or as the sum of the benefit determined under two or more separate formulas. (iii) For purposes of clause (i), the benefit formulas described in section 401(k)(12)(D) and section 401(m)(12) of the Internal Revenue Code of 1986 shall be treated as separate from the minimum benefit formula described in section 416(c)(1) of such Code.. (i) Forfeitures by reason of excess deferral \nSubparagraph (F) of section 203(a)(3) of such Act ( 29 U.S.C. 1053(a)(3)(F) ) is amended by adding at the end the following: A rule similar to the rule of the preceding sentence shall apply with respect to qualified matching accruals (as defined in section 401(m)(12) of the Internal Revenue Code of 1986). (j) Effective date \nThe amendments made by this section shall apply to plan years beginning after December 31, 2005.", "id": "H4327C779C45C4D65BEC7D9912E600F8", "header": "Conforming amendments to the Employee Retirement Income Security Act of 1974" }, { "text": "601. Exemption from prohibited transaction rules for certain aborted emergent transactions \n(a) In general \nSection 4975(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Special rule for certain aborted emergent transactions \n(A) In general \nPursuant to regulations issued by the Secretary, if— (i) in the case of a qualifying transaction between an employee benefit plan and an eligible person which would, but for this paragraph, be in violation of a restriction imposed by paragraph (1), the eligible person submits to the Secretary, not later than 60 days after the date of the transaction, an application for an exemption under paragraph (2) from such restriction in the case of such transaction, (ii) the Secretary determines not to grant the exemption, and (iii) the transaction is reversed within 60 days after the date of the Secretary’s determination, then the transaction shall be exempted under paragraph (2) from treatment as a violation of such restriction. (B) Qualifying transaction \nThe term qualifying transaction means, in connection with an eligible person, a transaction between an employee benefit plan and such eligible person constituting the purchase or sale of a financial product, if— (i) prior to engaging in the transaction, the plan acquires from the eligible person a sufficient guarantee, consisting of a letter of credit or other form of written guarantee, issued by a bank or similar financial institution (other than the eligible person requesting the exemption or an affiliate) regulated and supervised by, and subject to periodic examination by, an agency of a State or of the Federal Government, in a stated amount equal, as of the close of business on the day preceding the transaction, to not less than 100 percent of the amount of plan assets involved in the transaction, plus interest on that amount at a rate determined by the parties to the transaction, or in the absence of such determination, an interest rate equal to the underpayment rate defined in section 6621(a)(2), (ii) the eligible person receives in such transaction not more than reasonable compensation, (iii) such transaction is expressly approved by an independent fiduciary who has investment authority with respect to the plan assets involved in the transaction, and (iv) immediately after the acquisition of the financial product— (I) the fair market value of such financial product does not exceed 1 percent of the fair market value of the assets of the plan, and (II) the aggregate fair market value of all outstanding financial products acquired by the plan from the eligible person pursuant to this subsection does not exceed 5 percent of the fair market value of the assets of the plan. (C) Sufficient guarantee \nA guarantee referred to in subparagraph (B) is sufficient if such guarantee is irrevocable and, under the terms of the guarantee, if the Secretary determines not to grant the exemption, the plan has the unconditional right to apply the amounts under the guarantee to any losses suffered and to the payment of interest determined under the terms of the transaction. A guarantee shall not be treated as failing to be sufficient solely because, under the terms of the guarantee, if the Secretary grants the exemption, the guarantee may expire without any payments made to the plan. (D) Eligible person \nThe term eligible person means a person that— (i) consists of— (I) a bank as defined in section 202(a)(2) of the Investment Advisers Act of 1940 , (II) an investment adviser registered under the Investment Advisers Act of 1940 , (III) an insurance company which is qualified to do business in more than one State, or (IV) a broker-dealer registered under the Securities Exchange Act of 1934 , (ii) has shareholders’ or partners’ equity in excess of $1,000,000, and (iii) is not described in section 411 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1111 ).. (b) Effective date \nThe amendment made by this section shall apply with respect to transactions occurring after December 31, 2005.", "id": "HF0AEF215E3824D6C8430BDB5387CBAF1", "header": "Exemption from prohibited transaction rules for certain aborted emergent transactions" }, { "text": "602. Loans from retirement plans for health insurance and job training expenses \n(a) Qualification requirement for pension plans \nParagraph (13) of section 401(a) of the Internal Revenue Code of 1986 (relating to assignment and alienation) is amended by adding at the end the following new subparagraph: (E) Loans from retirement plans for health insurance and job training expenses \nNotwithstanding subparagraph (A), a trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that a participant or beneficiary who is involuntarily separated from employment may, on the date of such separation, obtain a loan from the plan the proceeds of which are to be used within 6 months after the date of such loan— (i) for payments for insurance which constitutes medical care for the taxpayer and the taxpayer’s spouse and dependents, or (ii) for job training expenses.. (b) Prohibited transaction exemption \nSection 4975(d) of such Code (relating to exemptions from tax on prohibited transactions) 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 inserting after paragraph (15) the following new paragraph: (16) any loan— (A) from an individual retirement plan for the payment of health insurance premiums or job training expenses that is a qualified loan (as defined in section 408 of the Employee Retirement Income Security Act of 1974 ), or (B) made by the plan to a disqualified person who is a participant or beneficiary of the plan if such loan— (i) is for the payment of health insurance premiums or job training expenses, and (ii) meets the requirements of section 401(a)(13)(E).. (c) Effective date \nThe amendments made by this section shall apply to loans made after the effective date specified in section 501.", "id": "H64CBFCD041CC4379B60267458000C85F", "header": "Loans from retirement plans for health insurance and job training expenses" }, { "text": "603. Treatment of unclaimed benefits \n(a) In general \nSection 401(a)(34) of the Internal Revenue Code of 1986 (relating to benefits of missing participants) is amended to read as follows: (34) Unclaimed benefits \nA trust forming part of a plan shall not be treated as failing to constitute a qualified trust under this section merely because the plan of which such trust is a part treats unclaimed benefits in a manner that satisfies the requirements of section 414(w).. (b) Requirements \nSection 414 of such Code (relating to definitions and special rules) is amended by adding at the end the following new subsection: (w) Unclaimed benefits \n(1) In general \nA plan meets the requirements of this subsection only if— (A) Ongoing plans \nIn the case of an ongoing plan, the plan provides for one or more of the following with respect to unclaimed benefits: (i) In the case of an unclaimed benefit to which section 401(a)(31)(B) applies, a transfer under section 401(a)(31)(B). (ii) A transfer to the Pension Benefit Guaranty Corporation, in accordance with section 4050(e) of the Employee Retirement Income Security Act of 1974. (iii) Any other treatment permitted under rules prescribed by the Secretary. (B) Terminated plans \nIn the case of a terminated plan, the plan provides for the following with respect to unclaimed benefits: (i) Defined benefit plans \nIn the case of a defined benefit plan, one or more of the following: (I) In the case of an unclaimed benefit to which section 401(a)(31)(B) applies, a transfer under section 401(a)(31)(B). (II) A transfer of the unclaimed benefit to another defined benefit plan maintained by the employer. (III) The purchase of an annuity contract to provide for an individual’s unclaimed benefit. (IV) A transfer to the Pension Benefit Guaranty Corporation in accordance with section 4050(a) or 4050(e) (as applicable) of the Employee Retirement Income Security Act of 1974. (V) Any other treatment permitted under rules prescribed by the Secretary. (ii) Defined contribution plans \nIn the case of a defined contribution plan, one or more of the following: (I) In the case of an unclaimed benefit to which section 401(a)(31)(B) applies, a transfer under section 401(a)(31)(B). (II) A transfer of the unclaimed benefit to another defined contribution plan maintained by the employer. (III) The purchase of an annuity contract to provide for an individual’s unclaimed benefit. (IV) A transfer to the Pension Benefit Guaranty Corporation in accordance with section 4050(d) or 4050(e) (as applicable) of the Employee Retirement Income Security Act of 1974. (V) Any other treatment permitted under rules prescribed by the Secretary. (2) Treatment of transfers to Pension Benefit Guaranty Corporation \n(A) Transfers to PBGC \nAmounts transferred from a plan to the Pension Benefit Guaranty Corporation pursuant to paragraph (1) shall be treated as a transfer under section 401(a)(31)(A). (B) Distributions from pbgc \nExcept as provided in rules prescribed by the Secretary, amounts distributed by the Pension Benefit Guaranty Corporation shall be treated as distributed by an individual retirement plan under section 408(d) (without regard to paragraphs (4), (5) and (7) thereof). Rules similar to the rules of section 402(c)(4) shall apply. (3) Definitions \nFor purposes of this subsection— (A) Unclaimed benefit \nThe term unclaimed benefit means— (i) any benefit of a participant or beneficiary which is distributable under the terms of the plan to the participant or beneficiary, if the distribution of the benefit has not commenced within 1 year after the later of the date on which the benefit first became so distributable or the participant’s severance from employment; (ii) any benefit or other amount of a participant or beneficiary which is distributable under the terms of the plan with respect to a missing participant, or (iii) any benefit to which section 401(a)(31)(B) applies or would apply if subclause (I) of section 401(a)(31)(B)(i) did not require the distribution to exceed $1,000. A benefit otherwise described in clause (i) shall not be treated as an unclaimed benefit under clause (i) if the participant or beneficiary elects not to have such treatment apply. Any such participant or beneficiary shall be given reasonable notice of the opportunity to make such an election. If the participant or beneficiary fails to make such an election within a reasonable period specified in the notice, any subsequent election shall not be given effect and the benefit shall be treated as an unclaimed benefit. A notice mailed to the last known address of the participant or beneficiary shall be treated as a notice to the participant or beneficiary for purposes of this paragraph. (B) Ongoing plan \nThe term ongoing plan means any plan which has neither terminated nor is in the process of terminating. (C) Terminated plan \nThe term terminated plan means any plan which has terminated or is in the process of terminating. (D) Missing participant \nThe term missing participant shall have the meaning given to such term by section 4050(b)(1) of the Employee Retirement Income Security Act of 1974.. (c) Conforming amendment \nSubparagraph (B) of section 401(a)(31) of such Code is amended by adding at the end the following: (iii) Other permitted transfers \nA plan administrator shall be treated as having complied with the requirements of this subparagraph if such plan administrator complies with the requirements of section 414(w)..", "id": "HBD1B04B8E8CF43C4B791AA07003442DF", "header": "Treatment of unclaimed benefits" }, { "text": "604. Income averaging of corrected civil service annuity benefit payments \n(a) In general \nPart I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by inserting after section 1301 the following new section: 1302. Averaging of corrected civil service annuity benefit payments \n(a) In general \nUnless the taxpayer elects not to have this section apply for a taxable year, any corrected civil service annuity benefit payment includable in gross income for such taxable year (without regard to this section) shall be so included ratably over the 5-taxable year period beginning with such taxable year. (b) Corrected civil service annuity benefit payment \nFor purposes of subsection (a), the term corrected civil service annuity benefit payment means with respect to an individual the sum of— (1) the lump sum payment awarded by reason of a court order, or decision of the Merit Systems Protection Board, under which the individual is entitled to receive an amount equal to all or any part of an annuity not paid to the individual as a result of an erroneous application or interpretation of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or any other provision of law (or any rule or regulation relating thereto), plus (2) interest on the amount described in paragraph (1) awarded under section 7704 of title 5, United States Code. (c) Annuity \nFor purposes of subsection (b), the term annuity has the meaning given to such term by section 7704(c) of title 5, United States Code. (d) Finality of election \nAn election under subsection (a) with respect to a corrected civil service annuity benefit payment for a taxable year may not be changed after the due date of the return for such taxable year.. (b) Clerical amendment \nThe table of sections for part I of subchapter Q of chapter 1 of such Code is amended by inserting after the item relating to section 1301 the following new item: Sec. 1302. Averaging of corrected civil service annuity benefit payments. (c) Effective date \nThe amendments made by this section shall apply to payments received after December 31, 2004.", "id": "HF2753EA01E7344BDBFEF5E29E9B7C9", "header": "Income averaging of corrected civil service annuity benefit payments" }, { "text": "1302. Averaging of corrected civil service annuity benefit payments \n(a) In general \nUnless the taxpayer elects not to have this section apply for a taxable year, any corrected civil service annuity benefit payment includable in gross income for such taxable year (without regard to this section) shall be so included ratably over the 5-taxable year period beginning with such taxable year. (b) Corrected civil service annuity benefit payment \nFor purposes of subsection (a), the term corrected civil service annuity benefit payment means with respect to an individual the sum of— (1) the lump sum payment awarded by reason of a court order, or decision of the Merit Systems Protection Board, under which the individual is entitled to receive an amount equal to all or any part of an annuity not paid to the individual as a result of an erroneous application or interpretation of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or any other provision of law (or any rule or regulation relating thereto), plus (2) interest on the amount described in paragraph (1) awarded under section 7704 of title 5, United States Code. (c) Annuity \nFor purposes of subsection (b), the term annuity has the meaning given to such term by section 7704(c) of title 5, United States Code. (d) Finality of election \nAn election under subsection (a) with respect to a corrected civil service annuity benefit payment for a taxable year may not be changed after the due date of the return for such taxable year.", "id": "H8BC27E71173C43F8A7E530E300B0B46", "header": "Averaging of corrected civil service annuity benefit payments" }, { "text": "605. Prohibited transaction exemption for the provision of investment advice \n(a) Prohibited transaction exemption \nSubsection (d) of section 4975 of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions), as amended by this Act, is further amended— (1) in paragraph (15), by striking or at the end, (2) in paragraph (16), by striking the period at the end and inserting ; or , and (3) by adding at the end the following new paragraph: (17) any transaction described in subsection (f)(7)(A) in connection with the provision of investment advice described in subsection (e)(3)(B), in any case in which— (A) the plan provides for individual accounts and permits a participant or beneficiary to exercise control over assets in his or her account, (B) the advice is qualified investment advice provided to a participant or beneficiary of the plan by a fiduciary adviser in connection with any sale, acquisition, or holding of a security or other property for purposes of investment of plan assets, and (C) the requirements of subsection (f)(7)(B) are met in connection with each instance of the provision of the advice.. (b) Transactions allowed and related requirements \nSubsection (f) of such section 4975 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: (7) Investment advice provided by fiduciary advisers \n(A) Allowable transactions \nThe transactions referred to in subsection (d)(16), in connection with the provision of investment advice by a fiduciary adviser, are the following: (i) the provision of the advice to the participant or beneficiary, (ii) the sale, acquisition, or holding of a security or other property (including any lending of money or other extension of credit associated with the sale, acquisition, or holding of a security or other property) pursuant to the advice, and (iii) the direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate thereof (or any employee, agent, or registered representative of the fiduciary adviser or affiliate) in connection with the provision of the advice. (B) Requirements for exemption from prohibited transactions with respect to provision of investment advice \nThe requirements of this subparagraph (referred to in subsection (d)(16)(C)) are met in connection with the provision of qualified investment advice provided to a participant or beneficiary of an employee benefit plan by a fiduciary adviser with respect to the plan in connection with any sale, acquisition, or holding of a security or other property for purposes of investment of amounts held by the plan, if the requirements of the following clauses are met: (i) Written disclosures \nAt a time contemporaneous with the provision of the advice in connection with the sale, acquisition, or holding of the security or other property, the fiduciary adviser shall provide to the recipient of the advice a clear and conspicuous notification, written in a manner to be reasonably understood by the average plan participant pursuant to regulations which shall be prescribed by the Secretary (including mathematical examples), of the following: (I) Interests held by the fiduciary adviser \nAny interest of the fiduciary adviser in, or any affiliation or contractual relationship of the fiduciary adviser (or affiliates thereof) with any third party having an interest in, the security or other property. (II) Related fees or compensation in connection with the provision of the advice \nAll fees or other compensation relating to the advice (including fees or other compensation itemized with respect to each security or other property with respect to which the advice is provided) that the fiduciary adviser (or any affiliate thereof) is to receive (including compensation provided by any third party) in connection with the provision of the advice or in connection with the sale, acquisition, or holding of the security or other property. (III) Ongoing fees or compensation in connection with the security or property involved \nAll fees or other compensation that the fiduciary adviser (or any affiliate thereof) is to receive, on an ongoing basis, in connection with any security or other property with respect to which the fiduciary adviser gives the advice. (IV) Applicable limitations on scope of advice \nAny limitation placed (in accordance with the requirements of this subsection) on the scope of the advice to be provided by the fiduciary adviser with respect to the sale, acquisition, or holding of the security or other property. (V) Types of services generally offered \nThe types of services offered by the fiduciary adviser in connection with the provision of qualified investment advice by the fiduciary adviser. (VI) Fiduciary status of the fiduciary adviser \nThat the fiduciary advisor is a fiduciary of the plan. (ii) Disclosure by fiduciary adviser in accordance with applicable securities laws \nThe fiduciary adviser shall provide appropriate disclosure, in connection with the sale, acquisition, or holding of the security or other property, in accordance with all applicable securities laws. (iii) Transaction occurring solely at direction of recipient of advice \nThe sale, acquisition, or holding of the security or other property shall occur solely at the direction of the recipient of the advice. (iv) Reasonable compensation \nThe compensation received by the fiduciary adviser and affiliates thereof in connection with the sale, acquisition, or holding of the security or other property shall be reasonable. (v) Arm’s length transaction \nThe terms of the sale, acquisition, or holding of the security or other property shall be at least as favorable to the plan as an arm’s length transaction would be. (C) Continued availability of information for at least 1 year \nThe requirements of subparagraph (B)(i) shall be deemed not to have been met in connection with the initial or any subsequent provision of advice described in subparagraph (B) if, at any time during the 1-year period following the provision of the advice, the fiduciary adviser fails to maintain the information described in subclauses (I) through (IV) of subparagraph (B)(i) in currently accurate form or to make the information available, upon request and without charge, to the recipient of the advice. (D) Evidence of compliance maintained for at least 6 years \nA fiduciary adviser referred to in subparagraph (B) who has provided advice referred to in such subparagraph shall, for a period of not less than 6 years after the provision of the advice, maintain any records necessary for determining whether the requirements of the preceding provisions of this paragraph and of subsection (d)(16) have been met. A transaction prohibited under subsection (c)(1) shall not be considered to have occurred solely because the records are lost or destroyed prior to the end of the 6-year period due to circumstances beyond the control of the fiduciary adviser. (E) Model disclosure forms \nThe Secretary shall prescribe regulations setting forth model disclosure forms to assist fiduciary advisers in complying with the disclosure requirements of under this paragraph. (F) Annual reviews by the Secretary \nThe Secretary shall conduct annual reviews of randomly selected fiduciary advisers providing qualified investment advice to participants and beneficiaries. In the case of each review, the Secretary shall review the following: (i) Compliance by advice computer models with generally accepted investment management principles \nThe extent to which advice computer models employed by the fiduciary adviser comply with generally accepted investment management principles. (ii) Compliance with disclosure requirements \nThe extent to which disclosures provided by the fiduciary adviser have complied with the requirements of this subsection. (iii) Extent of violations \nThe extent to which any violations of fiduciary duties have occurred in connection with the provision of the advice. (iv) Extent of reported complaints \nThe extent to which complaints to relevant agencies have been made in connection with the provision of the advice. Any proprietary information obtained by the Secretary shall be treated as confidential. (G) Duty of conflicted fiduciary adviser to provide for alternative independent advice \n(i) In general \nIn connection with any qualified investment advice provided by a fiduciary adviser to a participant or beneficiary regarding any security or other property, if the fiduciary adviser— (I) has an interest in the security or other property, or (II) has an affiliation or contractual relationship with any third party that has an interest in the security or other property, the requirements of subparagraph (B) shall be treated as not met in connection with the advice unless the fiduciary adviser has arranged, as an alternative to the advice that would otherwise be provided by the fiduciary advisor, for qualified investment advice with respect to the security or other property provided by at least one alternative investment adviser meeting the requirements of clause (ii). (ii) Independence and qualifications of alternative investment adviser \nAny alternative investment adviser whose qualified investment advice is arranged for by a fiduciary adviser pursuant to clause (i)— (I) shall have no material interest in, and no material affiliation or contractual relationship with any third party having a material interest in, the security or other property with respect to which the investment adviser is providing the advice, and (II) shall meet the requirements of a fiduciary adviser under subparagraph (H)(i), except that an alternative investment adviser may not be a fiduciary of the plan other than in connection with the provision of the advice. (iii) Scope and fees of alternative investment advice \nAny qualified investment advice provided pursuant to this subparagraph by an alternative investment adviser shall be of the same type and scope, and provided under the same terms and conditions (including no additional charge to the participant or beneficiary), as apply with respect to the qualified investment advice to be provided by the fiduciary adviser. (H) Fiduciary adviser defined \nFor purposes of this paragraph and subsection (d)(16)— (i) In general \nThe term fiduciary adviser means, with respect to a plan, a person who— (I) is a fiduciary of the plan by reason of the provision of qualified investment advice by such person to a participant or beneficiary, (II) meets the qualifications of clause (ii), and (III) meets the additional requirements of clause (iii). (ii) Qualifications \nA person meets the qualifications of this clause if such person— (I) is registered as an investment adviser under the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ), (II) if not registered as an investment adviser under such Act by reason of section 203A(a)(1) of such Act (15 U.S.C. 80b–3a(a)(1)), is registered under the laws of the State in which the fiduciary maintains its principal office and place of business, and, at the time the fiduciary last filed the registration form most recently filed by the fiduciary with such State in order to maintain the fiduciary’s registration under the laws of such State, also filed a copy of such form with the Secretary, (III) is registered as a broker or dealer under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), (IV) is a bank or similar financial institution referred to in subsection (d)(4), (V) is an insurance company qualified to do business under the laws of a State, or (VI) is any other comparable entity which satisfies such criteria as the Secretary determines appropriate. (iii) Additional requirements with respect to certain employees or other agents of certain advisers \nA person meets the additional requirements of this clause if every individual who is employed (or otherwise compensated) by such person and whose scope of duties includes the provision of qualified investment advice on behalf of such person to any participant or beneficiary is— (I) a registered representative of such person, (II) an individual described in subclause (I), (II), or (III) of clause (ii), or (III) such other comparable qualified individual as may be designated in regulations of the Secretary. (I) Additional definitions \nFor purposes of this paragraph and subsection (d)(16)— (i) Qualified investment advice \nThe term qualified investment advice means, in connection with a participant or beneficiary, investment advice referred to in subsection (e)(3)(B) which— (I) consists of an individualized recommendation to the participant or beneficiary with respect to the purchase, sale, or retention of securities or other property for the individual account of the participant or beneficiary, in accordance with generally accepted investment management principles, and (II) takes into account all investment options under the plan. (ii) Affiliate \nThe term affiliate of another entity means an affiliated person of such entity (as defined in section 2(a)(3) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(3) )). (iii) Registered representative \nThe term registered representative of another entity means a person described in section 3(a)(18) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(18) ) (substituting such entity for the broker or dealer referred to in such section) or a person described in section 202(a)(17) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(17) ) (substituting such entity for the investment adviser referred to in such section).. (c) Effective date \nThe amendments made by this section shall apply with respect to advice referred to in section 4975(e)(3)(B) of the Internal Revenue Code of 1986 provided on or after January 1, 2005.", "id": "H3F8DFC8B368F49D3B366F8BD3EF1D2BC", "header": "Prohibited transaction exemption for the provision of investment advice" }, { "text": "606. Increase in deductible contributions to single-employer defined benefit plan upon payment of increased premium to the Pension Benefit Guaranty Corporation \n(a) Increase in deductible contributions \nParagraph (1) of section 404(a) of the Internal Revenue Code of 1986 (relating to deduction for contributions to pension trusts) is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Special rule in the event of payment of increased PBGC premium with respect to single-employer defined benefit plan \nIn any case in which the Secretary— (i) receives certification by the plan administrator of a single-employer defined benefit plan that the increased premium authorized under section 4006(a)(3)(F) of the Employee Retirement Income Security Act of 1974 has been paid for any plan year, and (ii) receives certification of such payment from the Pension Benefit Guaranty Corporation, the maximum amount deductible under the limitations of this paragraph for such plan year shall not be less than 150 percent of current liability determined under section 412(l).. (b) Election of payment of increased premium \nSection 4006(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3) ) is amended by adding at the end the following new subparagraph: (F) The corporation shall provide for payment of the premium for any plan year for basic benefits guaranteed under this title with respect to a single-employer plan for any plan year at an increased annual rate equal to $24.70 in any case in which such payment is accompanied by certification by the contributing sponsor or plan administrator that such payment is made for purposes of increased deductibility of contributions for such plan year under section 404(a)(1)(E) of the Internal Revenue Code of 1986. The Corporation shall promptly certify receipt of any premium at the increased annual rate provided for under this subparagraph to the Secretary of the Treasury..", "id": "HF1840E6266664991BC315DD80C73F5E", "header": "Increase in deductible contributions to single-employer defined benefit plan upon payment of increased premium to the Pension Benefit Guaranty Corporation" }, { "text": "607. Exemption from prohibited transaction rules for certain aborted emergent transactions \n(a) In general \nSection 4975(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Special rule for certain aborted emergent transactions \n(A) In general \nPursuant to regulations issued by the Secretary, if— (i) in the case of a qualifying transaction between an employee benefit plan and an eligible person which would, but for this paragraph, be in violation of a restriction imposed by paragraph (1), the eligible person submits to the Secretary, not later than 60 days after the date of the transaction, an application for an exemption under paragraph (2) from such restriction in the case of such transaction, (ii) the Secretary determines not to grant the exemption, and (iii) the transaction is reversed within 60 days after the date of the Secretary’s determination, then the transaction shall be exempted under paragraph (2) from treatment as a violation of such restriction. (B) Qualifying transaction \nThe term qualifying transaction means, in connection with an eligible person, a transaction between an employee benefit plan and such eligible person constituting the purchase or sale of a financial product, if— (i) prior to engaging in the transaction, the plan acquires from the eligible person a sufficient guarantee, consisting of a letter of credit or other form of written guarantee, issued by a bank or similar financial institution (other than the eligible person requesting the exemption or an affiliate) regulated and supervised by, and subject to periodic examination by, an agency of a State or of the Federal Government, in a stated amount equal, as of the close of business on the day preceding the transaction, to not less than 100 percent of the amount of plan assets involved in the transaction, plus interest on that amount at a rate determined by the parties to the transaction, or in the absence of such determination, an interest rate equal to the underpayment rate defined in section 6621(a)(2), (ii) the eligible person receives in such transaction not more than reasonable compensation, (iii) such transaction is expressly approved by an independent fiduciary who has investment authority with respect to the plan assets involved in the transaction, and (iv) immediately after the acquisition of the financial product— (I) the fair market value of such financial product does not exceed 1 percent of the fair market value of the assets of the plan, and (II) the aggregate fair market value of all outstanding financial products acquired by the plan from the eligible person pursuant to this subsection does not exceed 5 percent of the fair market value of the assets of the plan. (C) Sufficient guarantee \nA guarantee referred to in subparagraph (B) is sufficient if such guarantee is irrevocable and, under the terms of the guarantee, if the Secretary determines not to grant the exemption, the plan has the unconditional right to apply the amounts under the guarantee to any losses suffered and to the payment of interest determined under the terms of the transaction. A guarantee shall not be treated as failing to be sufficient solely because, under the terms of the guarantee, if the Secretary grants the exemption, the guarantee may expire without any payments made to the plan. (D) Eligible person \nThe term eligible person means a person that— (i) consists of— (I) a bank as defined in section 202(a)(2) of the Investment Advisers Act of 1940 , (II) an investment adviser registered under the Investment Advisers Act of 1940 , (III) an insurance company which is qualified to do business in more than one State, or (IV) a broker-dealer registered under the Securities Exchange Act of 1934 , (ii) has shareholders’ or partners’ equity in excess of $1,000,000, and (iii) is not described in section 411 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1111 ).. (b) Effective date \nThe amendment made by this section shall apply with respect to transactions occurring after December 31, 2005.", "id": "H7311003451884A5FB43E1F91FD173B08", "header": "Exemption from prohibited transaction rules for certain aborted emergent transactions" }, { "text": "608. Pension benefit information \n(a) In general \nChapter 43 of the Internal Revenue Code of 1986 (relating to qualified pension, etc., plans) is amended by adding at the end the following new section: 4980G. Failure of applicable plans to provide notice of generally accepted investment principles \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any applicable pension plan to meet the requirements of subsection (e) with respect to any applicable individual. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure with respect to any applicable individual shall be $100 for each day in the noncompliance period with respect to such failure. (c) Limitations on amount of tax \n(1) Tax not to apply to failures corrected within 30 days \nNo tax shall be imposed by subsection (a) on any failure if— (A) any person subject to liability for the tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e), and (B) such person provides the notice described in subsection (e) during the 30-day period beginning on the first date such person knew, or exercising reasonable diligence should have known, that such failure existed. (2) Overall limitation for unintentional failures \n(A) In general \nIf the person subject to liability for tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e) and paragraph (1) is not otherwise applicable, the tax imposed by subsection (a) for failures during the taxable year of the employer (or, in the case of a multiemployer plan, the taxable year of the trust forming part of the plan) shall not exceed $500,000. For purposes of the preceding sentence, all multiemployer plans of which the same trust forms a part shall be treated as 1 plan. (B) Taxable years in the case of certain controlled groups \nFor purposes of this paragraph, if all persons who are treated as a single employer for purposes of this section do not have the same taxable year, the taxable years taken into account shall be determined under principles similar to the principles of section 1561. (3) Waiver by secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive or otherwise inequitable relative to the failure involved. (d) Liability for tax \nThe following shall be liable for the tax imposed by subsection (a): (1) In the case of a plan other than a multiemployer plan, the employer. (2) In the case of a multiemployer plan, the plan. (e) Notice of generally accepted investment principles \n(1) In general \nThe plan administrator of an applicable pension plan shall provide notice of generally accepted investment principles, including principles of risk management and diversification, to each applicable individual. (2) Notice \nThe notice required by paragraph (1) shall be written in a manner calculated to be understood by the average plan participant and shall provide sufficient information (as determined in accordance with rules or other guidance adopted by the Secretary) to allow applicable individuals to understand generally accepted investment principles, including principles of risk management and diversification. (3) Timing of notice \nThe notice required by paragraph (1) shall be provided upon enrollment of the applicable individual in such plan and at least once per plan year thereafter. (4) Form and manner of notice \nThe notice required by paragraph (1) shall be in writing, except that such notice may be in electronic or other form to the extent that such form is reasonably accessible to the applicable individual. (f) Definitions and special rules \nFor purposes of this section— (1) Applicable individual \nThe term applicable individual means with respect to an applicable pension plan— (A) any participant in the applicable pension plan, (B) any beneficiary who is an alternate payee (within the meaning of section 414(p)(8)) under an applicable qualified domestic relations order (within the meaning of section 414(p)(1)(A)), and (C) any beneficiary of a deceased participant or alternate payee described in subparagraph (A) or (B), as the case may be, who has an accrued benefit under the plan and who is entitled to direct the investment (or hypothetical investment) of some or all of such accrued benefit. (2) Applicable pension plan \nThe term applicable pension plan means— (A) a plan described in section 219(g)(5)(A) (other than in clause (iii) thereof), and (B) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), which permits any participant to direct the investment of some or all of his account in the plan or under which the accrued benefit of any participant depends in whole or in part on hypothetical investments directed by the participant.. (b) Clerical amendment \nThe table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980G. Failure of applicable plans to provide notice of generally accepted investment principles. (c) Effective date \n(1) In general \nThe amendments made by this section shall take effect 60 days after the adoption of rules or other guidance to carry out the amendments made by this section, which shall include a model notice of generally accepted investment principles, including principles of risk management and diversification. (2) Model investment principles \nFor purposes of paragraph (1), not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall issue rules or other guidance and a model notice which meets the requirements of section 4980G of the Internal Revenue Code of 1986 (as added by this section).", "id": "H5F85647FE2944AEA8990964EB4041C91", "header": "Pension benefit information" }, { "text": "4980G. Failure of applicable plans to provide notice of generally accepted investment principles \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any applicable pension plan to meet the requirements of subsection (e) with respect to any applicable individual. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure with respect to any applicable individual shall be $100 for each day in the noncompliance period with respect to such failure. (c) Limitations on amount of tax \n(1) Tax not to apply to failures corrected within 30 days \nNo tax shall be imposed by subsection (a) on any failure if— (A) any person subject to liability for the tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e), and (B) such person provides the notice described in subsection (e) during the 30-day period beginning on the first date such person knew, or exercising reasonable diligence should have known, that such failure existed. (2) Overall limitation for unintentional failures \n(A) In general \nIf the person subject to liability for tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e) and paragraph (1) is not otherwise applicable, the tax imposed by subsection (a) for failures during the taxable year of the employer (or, in the case of a multiemployer plan, the taxable year of the trust forming part of the plan) shall not exceed $500,000. For purposes of the preceding sentence, all multiemployer plans of which the same trust forms a part shall be treated as 1 plan. (B) Taxable years in the case of certain controlled groups \nFor purposes of this paragraph, if all persons who are treated as a single employer for purposes of this section do not have the same taxable year, the taxable years taken into account shall be determined under principles similar to the principles of section 1561. (3) Waiver by secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive or otherwise inequitable relative to the failure involved. (d) Liability for tax \nThe following shall be liable for the tax imposed by subsection (a): (1) In the case of a plan other than a multiemployer plan, the employer. (2) In the case of a multiemployer plan, the plan. (e) Notice of generally accepted investment principles \n(1) In general \nThe plan administrator of an applicable pension plan shall provide notice of generally accepted investment principles, including principles of risk management and diversification, to each applicable individual. (2) Notice \nThe notice required by paragraph (1) shall be written in a manner calculated to be understood by the average plan participant and shall provide sufficient information (as determined in accordance with rules or other guidance adopted by the Secretary) to allow applicable individuals to understand generally accepted investment principles, including principles of risk management and diversification. (3) Timing of notice \nThe notice required by paragraph (1) shall be provided upon enrollment of the applicable individual in such plan and at least once per plan year thereafter. (4) Form and manner of notice \nThe notice required by paragraph (1) shall be in writing, except that such notice may be in electronic or other form to the extent that such form is reasonably accessible to the applicable individual. (f) Definitions and special rules \nFor purposes of this section— (1) Applicable individual \nThe term applicable individual means with respect to an applicable pension plan— (A) any participant in the applicable pension plan, (B) any beneficiary who is an alternate payee (within the meaning of section 414(p)(8)) under an applicable qualified domestic relations order (within the meaning of section 414(p)(1)(A)), and (C) any beneficiary of a deceased participant or alternate payee described in subparagraph (A) or (B), as the case may be, who has an accrued benefit under the plan and who is entitled to direct the investment (or hypothetical investment) of some or all of such accrued benefit. (2) Applicable pension plan \nThe term applicable pension plan means— (A) a plan described in section 219(g)(5)(A) (other than in clause (iii) thereof), and (B) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), which permits any participant to direct the investment of some or all of his account in the plan or under which the accrued benefit of any participant depends in whole or in part on hypothetical investments directed by the participant.", "id": "H5643C620999F41C9902B20F5A7618736", "header": "Failure of applicable plans to provide notice of generally accepted investment principles" }, { "text": "609. Permanency of transition rule in Retirement Protection Act of 1994 \n(a) Transition rule made permanent \nSection 769(c) of the Retirement Protection Act of 1994 ( 26 U.S.C. 412 note) is amended— (1) in the heading, by striking Transition ; and (2) in paragraph (1), by striking transition and by striking for any plan year beginning after 1996 and before 2010. (b) Special rules \nParagraph (2) of section 769(c) of the Retirement Protection Act of 1994 is amended to read as follows: (2) Special rules \nThe rules described in this paragraph are as follows: (A) For purposes of section 412(l)(9)(A) of the Internal Revenue Code of 1986 and section 302(d)(9)(A) of the Employee Retirement Income Security Act of 1974 , the funded current liability percentage for any plan year shall be treated as not less than 90 percent. (B) For purposes of section 412(m) of the Internal Revenue Code of 1986 and section 302(e) of the Employee Retirement Income Security Act of 1974 , the funded current liability percentage for any plan year shall be treated as not less than 100 percent. (C) For purposes of determining unfunded vested benefits under section 4006(a)(3)(E)(iii) of the Employee Retirement Income Security Act of 1974 , the mortality table shall be the mortality table used by the plan.. (c) Effective date \nThe amendments made by this section shall apply to plan years beginning after December 31, 2004.", "id": "H43E760EA3A9646D3936E80A4154FF300", "header": "Permanency of transition rule in Retirement Protection Act of 1994" }, { "text": "701. General effective date \n(a) In general \nExcept as otherwise provided in this Act, and subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2005. (b) Special rule for collectively bargained plans \nIn the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for January 1, 2005 the date of the commencement of the first plan year beginning on or after the earlier of— (1) the later of— (A) January 1, 2006, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 2007.", "id": "H4DF1E24CFB6A47948D3FB0DE08136053", "header": "General effective date" }, { "text": "702. Plan amendments \nIf any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2007, if— (1) during the period after such amendment made by this Act takes effect and before such first plan year, the plan is operated in accordance with the requirements of such amendment made by this Act, and (2) such plan amendment applies retroactively to the period after such amendment made by this Act takes effect and such first plan year.", "id": "H8BDE0C21366748110081A6B6CA1C1E55", "header": "Plan amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Empowering Parents and Teachers for a Drug-Free Education Act of 2004.", "id": "H457724D3D2954E0FA81D25839075DC6C", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Fifty-four percent of high school seniors in 2001 had used an illicit drug in their lifetime. (2) Forty-two percent of 12th graders, 37 percent of 10th graders, and 20 percent of 8th graders in 2001 had used an illicit drug in the past year. (3) Eighty percent of 12th graders, 70 percent of 10th graders, and 51 percent of 8th graders in 2001 had used alcohol in their lifetime. (4) Sixty-four percent of 12th graders, 48 percent of 10th graders, and 23 percent of 8th graders in 2001 had been intoxicated. (5) Use of 3,4-methylenedioxy methamphetamine (commonly referred to as MDMA or ecstasy ) by 12th graders increased from 6 percent in 1998 to 11.7 percent in 2001. (6) Schoolchildren who use and abuse addictive illicit drugs or alcohol increase the risk to the health and safety of all students and impact the learning environment of the school because— (A) use of illicit drugs or alcohol can lead to serious health effects, the development of life-threatening diseases, and even death; (B) use of illicit drugs like marijuana or ecstasy kills brain cells in the learning centers of the brain, directly impacting a student’s ability to learn in school; (C) chemicals left in the central nervous system after using marijuana cause the brain to be irritated and uncontrollable, resulting in disruptive behavior in the classroom; (D) students who smoke cigarettes or use other illicit drugs have been shown to have less desire to learn, resulting in lower grade point averages when compared to other students; and (E) students who use illicit drugs or alcohol have a higher rate of breaking school rules.", "id": "HC520182986A24277B033EB44DB15E93B", "header": "Findings" }, { "text": "3. Drug-free school demonstration programs \n(a) Demonstration programs \nPart A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ; also known as the Safe and Drug-Free Schools and Communities Act ) is amended— (1) by redesignating subpart 4 as subpart 5; and (2) by inserting after subpart 3 the following: 4 Drug-Free School Demonstration Programs \n4145. Drug-free school demonstration programs \n(a) Grants \nThe Secretary may make grants to local educational agencies and private schools to establish drug-free school demonstration programs described in subsection (b). (b) Requirements \nA grant may be made under subsection (a) only if the local educational agency or private school involved agrees to use the funds received under the grant to establish a drug-free school demonstration program that— (1) includes, consistent with the fourth amendment to the Constitution of the United States, random drug testing of students; (2) requires that any such testing be conducted using only drug tests approved by the Food and Drug Administration; (3) requires that any analysis of such testing be conducted by a drug-testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists, for forensic drug testing; (4) requires a review of each positive test result by a medical review officer; (5) prohibits any disclosure to law enforcement officials of the results of the random drug testing; (6) requires that drug-testing records be kept strictly confidential in accordance with subsection (c); (7) requires, upon the submission of a report by a medical review officer under subsection (c)(3) relating to a preliminary positive test result, the destruction of all records relating to the result if the medical review officer does not confirm the result; (8) requires the destruction of all records relating to drug or alcohol testing of a student when the student graduates or otherwise leaves the local educational agency or private school involved; (9) ensures that the parents of the students to be tested are informed in detail about the random drug-testing program; (10) provides parents the right to withdraw their child from participation in the random drug-testing program, and ensures that parents receive notification of such right at the beginning of every school year; (11) includes a clear, written policy on school behavior that— (A) prohibits students from attending school or school activities under the influence of illegal drugs or alcohol; (B) prohibits the use or possession of illegal drugs in school; and (C) sets forth the consequences of violating the prohibitions described in subparagraphs (A) and (B); (12) provides drug and alcohol abuse prevention training for a total of not less than 2 hours for each student and staff member of the local educational agency or private school involved; (13) provides student access to a student assistance program, including confidential assessment, referral, and short-term problem resolution; and (14) provides continuing alcohol, tobacco, and drug abuse prevention education. (c) Privacy protection \nEach drug-free school demonstration program established with assistance made available under this section shall— (1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of student drug test results and of any participation by a student in a treatment or rehabilitation program; (2) prohibit the mandatory disclosure of medical information by a student unless the student tests positive for drugs; and (3) require a medical review officer reviewing student drug test results to report the final results of such tests in writing and in a manner designed to ensure the confidentiality of the results. (d) Technical assistance \nTo the extent or in the amounts provided in advance in appropriations Acts, the Secretary may enter into contracts with public and private entities to provide assistance related to carrying out the drug-free school demonstration programs established pursuant to this section. (e) Applications \nTo seek a grant under this section, a local educational agency or private school shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Definitions \nFor purposes of this section: (1) The term medical review officer — (A) means a licensed physician with knowledge of substance abuse disorders; and (B) does not include any— (i) employee of the school involved; or (ii) employee or agent of, or any person having a financial interest in, the laboratory for which the drug test results are being reviewed. (2) The term student means any individual enrolled on school records as eligible to attend, or actually attending, school for educational purposes in any of grades 8 through 12.. (b) Report \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Congress a report on the results of the drug-free school demonstration programs established with assistance under this section. (c) Authorization of appropriations \nSection 4003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7103 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) $25,000,000 for fiscal year 2005, and for each of fiscal years 2006 and 2007, for drug-free school demonstration programs under subpart 4.. (d) Conforming amendment \nThe table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by redesignating the item relating to subpart 4 of part A of title IV as the item relating to subpart 5 of part A of title IV; and (2) by inserting after the item relating to section 4141 the following: Subpart 4—Drug-Free school demonstration programs Sec. 4145. Drug-free school demonstration programs.", "id": "H640B39FB2B6744A3A293A9EA6F3CE090", "header": "Drug-free school demonstration programs" }, { "text": "4145. Drug-free school demonstration programs \n(a) Grants \nThe Secretary may make grants to local educational agencies and private schools to establish drug-free school demonstration programs described in subsection (b). (b) Requirements \nA grant may be made under subsection (a) only if the local educational agency or private school involved agrees to use the funds received under the grant to establish a drug-free school demonstration program that— (1) includes, consistent with the fourth amendment to the Constitution of the United States, random drug testing of students; (2) requires that any such testing be conducted using only drug tests approved by the Food and Drug Administration; (3) requires that any analysis of such testing be conducted by a drug-testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists, for forensic drug testing; (4) requires a review of each positive test result by a medical review officer; (5) prohibits any disclosure to law enforcement officials of the results of the random drug testing; (6) requires that drug-testing records be kept strictly confidential in accordance with subsection (c); (7) requires, upon the submission of a report by a medical review officer under subsection (c)(3) relating to a preliminary positive test result, the destruction of all records relating to the result if the medical review officer does not confirm the result; (8) requires the destruction of all records relating to drug or alcohol testing of a student when the student graduates or otherwise leaves the local educational agency or private school involved; (9) ensures that the parents of the students to be tested are informed in detail about the random drug-testing program; (10) provides parents the right to withdraw their child from participation in the random drug-testing program, and ensures that parents receive notification of such right at the beginning of every school year; (11) includes a clear, written policy on school behavior that— (A) prohibits students from attending school or school activities under the influence of illegal drugs or alcohol; (B) prohibits the use or possession of illegal drugs in school; and (C) sets forth the consequences of violating the prohibitions described in subparagraphs (A) and (B); (12) provides drug and alcohol abuse prevention training for a total of not less than 2 hours for each student and staff member of the local educational agency or private school involved; (13) provides student access to a student assistance program, including confidential assessment, referral, and short-term problem resolution; and (14) provides continuing alcohol, tobacco, and drug abuse prevention education. (c) Privacy protection \nEach drug-free school demonstration program established with assistance made available under this section shall— (1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of student drug test results and of any participation by a student in a treatment or rehabilitation program; (2) prohibit the mandatory disclosure of medical information by a student unless the student tests positive for drugs; and (3) require a medical review officer reviewing student drug test results to report the final results of such tests in writing and in a manner designed to ensure the confidentiality of the results. (d) Technical assistance \nTo the extent or in the amounts provided in advance in appropriations Acts, the Secretary may enter into contracts with public and private entities to provide assistance related to carrying out the drug-free school demonstration programs established pursuant to this section. (e) Applications \nTo seek a grant under this section, a local educational agency or private school shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Definitions \nFor purposes of this section: (1) The term medical review officer — (A) means a licensed physician with knowledge of substance abuse disorders; and (B) does not include any— (i) employee of the school involved; or (ii) employee or agent of, or any person having a financial interest in, the laboratory for which the drug test results are being reviewed. (2) The term student means any individual enrolled on school records as eligible to attend, or actually attending, school for educational purposes in any of grades 8 through 12.", "id": "H3062FBC7189E449C005DA4CA00EA468E", "header": "Drug-free school demonstration programs" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the International Commission To Monitor United States-Held Prisoners in Iraq Act of 2004.", "id": "HFD9620F1A57C47F7A8D86752316792E6", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) Serious allegations have been raised and substantial evidence exists that physical and sexual abuse have taken place within Abu Ghraib Prison and potentially other facilities under the management of the United States Armed Forces or intelligence services in Iraq. (2) In the Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (referred to as the Third Geneva Convention ), the international community has prescribed rules concerning the treatment of prisoners of war. (3) The United States, along with more than 190 other countries, is a party to the Geneva Conventions of 1949 and abiding by the terms of those conventions is very much in the national security interests of the United States. (4) The Third Geneva Convention prohibits inhumane treatment of prisoners of war, acts of violence and insults against them, and the infliction of physical or mental torture, or any other form of coercion, on such prisoners. (5) A report, the Article 15-6 Investigation of the 800th Military Police Brigade , prepared by Major General Antonio M. Taguba, Deputy Commanding General Support, Coalition Forces Land Component Command, which has been made public in the national media, reads in part, That between October and December 2003, at the Abu Ghraib Confinement Facility (BCCF), numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees.. (6) This report also describes the systemic and illegal abuse of detainees. (7) According to congressional testimony, the International Committee of the Red Cross provided a number of warnings to Coalition forces regarding conditions in certain Iraqi prisons and provided a written report to Coalition headquarters personnel in November 2003 that similar abuses were occurring at the Abu Ghraib facility. (8) The Wall Street Journal has published the February 2004 Report of the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and other Protected Persons by the Geneva Conventions in Iraq during Arrest, Internment, and Interrogation , detailing complaints of the mistreatment of Iraqi prisoners in United States custody which was sent to United States officials. (9) The International Committee of the Red Cross asserted at a recent press conference that it had repeatedly expressed written and verbal concerns regarding the widespread mistreatment of prisoners, including in meetings at the highest level of the Coalition Provisional Authority. (10) The February 2004 report of the International Committee of the Red Cross detailed violations including Brutality against protected persons upon capture and initial custody, sometimes causing death or serious injury... Physical or psychological coercion during interrogation to secure information... [and] Excessive and disproportionate use of force against persons deprived of their liberty resulting in death or injury during their period of internment.. (11) The International Committee of the Red Cross also found that [arresting authorities] rarely informed the arrestee or his family where he was being taken and for how long, resulting in the de facto disappearance of the arrestee for weeks or even months until contact was finally made.. (12) Congress has the utmost confidence that such abuses do not typify the behavior of the vast majority of the tens of thousands of United States Armed Forces personnel and allies in Operation Iraqi Freedom. (13) The evidence of abuse documented by photographic and videographic images released in the media has aroused international outcry, damaged United States relations with other countries, and potentially added to the dangers faced by United States military personnel or civilians who may be captured by adversaries. (14) Congress was not fully informed of the existence, seriousness, or investigation of those abuses until after the abuses had been disclosed in the national media. (15) House Concurrent Resolution 118, which was passed by the House of Representatives on March 27, 2003, by a vote of 419–0, resolved that the Congress demanded that Iraqi authorities comply fully and immediately with its obligations and responsibilities of the Convention Relative to the Treatment of Prisoners of War , condemned the failure of Iraqi authorities to treat prisoners of war in strict conformity with that Convention , and joined the President in warning all Iraqi authorities that any individual who mistreats any prisoner of war in violation of that Convention shall be considered a war criminal and prosecuted as such to the full extent of United States and international law. (16) Greater oversight and transparency in the management of United States-run prisons in Iraq is clearly needed. (17) The United States must take immediate and concrete steps to build confidence among Iraqis in our actions and motives. (18) It is imperative that the Iraqi people be given a greater role in the operation of the prison system in their country. (19) Greater international cooperation and assistance in the management of the Iraqi prisons would provide greater reassurance to the Iraqi people and the international community that the United States is abiding by the Geneva Conventions of 1949.", "id": "HEC60E0264D9B46AEB23FBB2063D42B56", "header": "Findings" }, { "text": "3. Establishment of international commission for monitoring treatment of persons in United States custody in Iraq \n(a) Establishment \nThe President shall seek to establish an international commission for monitoring the treatment of persons in United States custody in Iraq. (b) Scope of duties \nIt is the sense of Congress that the international commission referred to in subsection (a) should monitor the treatment of persons in United States custody in Iraq so as to ensure compliance with the terms of the Geneva Conventions of 1949 and other relevant international instruments and to provide assurances to the people of Iraq and the international community that the treatment of such persons is in accordance with international law. (c) Membership \nIt is the sense of Congress that the international commission referred to in subsection (a) should include representatives from— (1) the interim or transitional government in Iraq; (2) Iraqi civil society; (3) the International Committee of the Red Cross; (4) the International Federation of Red Cross and Red Crescent Societies; (5) the United Nations; and (6) the United States Armed Forces and Coalition forces.", "id": "HF4F63AB7A6CA497494EA4C088F8E3E1B", "header": "Establishment of international commission for monitoring treatment of persons in United States custody in Iraq" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Energy University Nuclear Science, Engineering, and Health Physics Act.", "id": "H7BE6A787F1EE48F48D4D687FFC991CFD", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) United States university nuclear science, engineering, and health programs are in a state of serious decline. The supply of bachelor degree nuclear science, engineering, and health physics personnel in the United States is lower than the number of jobs available, resulting in a shortage of these critical professionals. The number of 4-year degree nuclear engineering programs has declined 50 percent to approximately 25 programs nationwide. Over 2/3 of the faculty in these programs are 45 years or older and there are few tenure track junior faculty positions available. (2) Universities are finding it increasingly difficult to fund the operational costs of their research and training reactors. Since 1980, the number of small training reactors in the United States has declined by over 50 percent to 27 reactors. Most of these reactors were built in the late 1950’s and 1960’s with 30- to 40-year operating licenses, and will require relicensing in the next several years. (3) The neglect in human investment and training infrastructure is affecting 50 years of national research and development investment. The decline in a competent nuclear workforce, and the lack of adequately trained nuclear scientists, engineers, and health physicists, will affect the ability of the United States to solve future waste storage issues, operate existing and design future fission reactors in the United States, respond to future nuclear events worldwide, help stem the proliferation of nuclear weapons, and design and operate naval nuclear reactors. (4) Future neglect in the Nation’s investment in human resources for the nuclear sciences will lead to a downward spiral. As the number of nuclear science departments shrinks, faculties age, and training reactors close, the appeal of nuclear science will be lost to future generations of students. (5) Current projections are that 50 percent of industry’s nuclear workforce can retire in 10 to 15 years, and 76 percent of the nuclear workforce at our national labs can retire in the next 5 years. A new supply of trained scientists and engineers to replace this retiring workforce is urgently needed. (6) The Department of Energy’s Office of Nuclear Energy, Science, and Technology is well suited to help maintain tomorrow’s human resource and training investment in the nuclear sciences. Through its support of research and development pursuant to the Department’s statutory authorities, the Office of Nuclear Energy, Science, and Technology is the principal Federal agent for civilian research in the nuclear sciences for the United States. The Office maintains the Nuclear Engineering and Education Research Program which funds basic nuclear science and engineering. The Office funds the Nuclear Energy and Research Initiative which funds applied collaborative research among universities, industry, and national laboratories in the areas of proliferation-resistant fuel cycles and future fission power systems. The Office funds universities to refuel training reactors from highly enriched to low-enriched proliferation-tolerant fuels, performs instrumentation upgrades, and maintains a program of student fellowships for nuclear science, engineering, and health physics.", "id": "H7FD9C1D80443457B8DD6C1E28B946E0", "header": "Findings" }, { "text": "3. Department of energy program \n(a) Establishment \nThe Secretary of Energy, through the Office of Nuclear Energy, Science, and Technology, shall support a program to invest in human resources and infrastructure in the nuclear sciences, engineering, and health physics fields, consistent with the Department’s statutory authorities related to civilian nuclear research and development. (b) Duties \nIn carrying out the program under this Act, the Secretary shall— (1) establish a graduate and undergraduate fellowship program to attract new and talented students; (2) establish a Junior Faculty Research Initiation Grant Program to assist institutions of higher education in recruiting and retaining new faculty in the nuclear sciences, engineering, and health physics; (3) support fundamental nuclear sciences, engineering, and health physics research through the Nuclear Engineering Education Research Program; (4) encourage collaborative nuclear research and training among industry, National Laboratories, and institutions of higher education; and (5) support communication and outreach related to nuclear science, engineering, and health physics. (c) Strengthening university research and training reactors and associated infrastructure \nActivities under this section may include— (1) converting research reactors currently using high-enrichment fuels to low-enrichment fuels, upgrading operational instrumentation, and sharing of reactors among institutions of higher education; (2) providing technical assistance, in collaboration with the United States nuclear industry, in relicensing and upgrading training reactors as part of a student training program; and (3) providing funding, through the Innovations in Nuclear Infrastructure and Education Program, for reactor improvements as part of a focused effort that emphasizes research, training, and education. (d) University-DOE laboratory interactions \nThe Secretary of Energy, through the Office of Nuclear Energy, Science, and Technology, shall develop— (1) a sabbatical fellowship program for professors at institutions of higher education to spend extended periods of time at Department of Energy laboratories in the areas of nuclear science and technology; and (2) a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science, engineering, and health physics departments. The Secretary may under subsection (b)(1) provide fellowships for students to spend time at National Laboratories in the areas of nuclear science, engineering, and health physics with a member of the Laboratory staff acting as a mentor. (e) Operations and maintenance \nFunding for a research project provided under this section may be used to offset a portion of the operating and maintenance costs of a research reactor at an institution of higher education used in the research project. (f) Merit review required \nAll grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review.", "id": "HF79BE709627D462FB108C6B5FCB2F258", "header": "Department of energy program" }, { "text": "4. Authorization of appropriations \n(a) Total authorization \nThe following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $35,200,000 for fiscal year 2005. (2) $44,350,000 for fiscal year 2006. (3) $49,200,000 for fiscal year 2007. (4) $54,950,000 for fiscal year 2008. (b) Graduate and undergraduate fellowships \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(1): (1) $3,000,000 for fiscal year 2005. (2) $3,100,000 for fiscal year 2006. (3) $3,200,000 for fiscal year 2007. (4) $3,200,000 for fiscal year 2008. (c) Junior faculty research initiation grant program \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(2): (1) $2,275,000 for fiscal year 2005. (2) $3,675,000 for fiscal year 2006. (3) $4,150,000 for fiscal year 2007. (4) $5,150,000 for fiscal year 2008. (d) Nuclear engineering education research and nuclear health physics \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(3): (1) $11,000,000 for fiscal year 2005, of which $3,000,000 shall be for the nuclear health physics. (2) $15,600,000 for fiscal year 2006, of which $3,600,000 shall be for the nuclear health physics. (3) $17,000,000 for fiscal year 2007, of which $4,000,000 shall be for the nuclear health physics. (4) $19,000,000 for fiscal year 2008, of which $4,500,000 shall be for the nuclear health physics. (e) Communication and outreach related to nuclear science, engineering, and health physics \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(5): (1) $500,000 for fiscal year 2005. (2) $550,000 for fiscal year 2006. (3) $600,000 for fiscal year 2007. (4) $650,000 for fiscal year 2008. (f) Refueling of research reactors and instrumentation upgrades \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(1): (1) $6,000,000 for fiscal year 2005. (2) $6,500,000 for fiscal year 2006. (3) $7,000,000 for fiscal year 2007. (4) $7,500,000 for fiscal year 2008. (g) Relicensing assistance \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(2): (1) $700,000 for fiscal year 2005. (2) $1,100,000 for fiscal year 2006. (3) $1,200,000 for fiscal year 2007. (4) $1,300,000 for fiscal year 2008. (h) Innovations in nuclear infrastructure and education program \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(3): (1) $10,000,000 for fiscal year 2005. (2) $12,000,000 for fiscal year 2006. (3) $14,000,000 for fiscal year 2007. (4) $15,000,000 for fiscal year 2008. (i) University-DOE laboratory interactions \nOf the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(d): (1) $1,725,000 for fiscal year 2005. (2) $1,825,000 for fiscal year 2006. (3) $2,050,000 for fiscal year 2007. (4) $3,150,000 for fiscal year 2008.", "id": "H73C05E380EA64078B55D9547B633ECCE", "header": "Authorization of appropriations" } ]

[ { "text": "1. Archie Spigner Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 19504 Linden Boulevard in St. Albans, New York, shall be known and designated as the Archie Spigner 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 Archie Spigner Post Office Building.", "id": "H9444D3E3FDA44CE499D658E42D87EDD8", "header": "Archie Spigner Post Office Building" } ]

[ { "text": "1. Restoration and improvement of Benjamin Franklin national memorial \n(a) Authorization of activities; cooperative agreement \nThe Secretary of the Interior, through the National Park Service, shall rehabilitate and make improvements to the Benjamin Franklin National Memorial, including the Memorial Hall and the Franklin statue, located in The Franklin Institute Science Museum in Philadelphia, Pennsylvania. The Secretary may enter into a cooperative agreement with The Franklin Institute to carry out the activities under this section. (b) Activities \nActivities under subsection (a) shall include the following: (1) Repair and restoration of the dome of the Memorial Hall. (2) Construction of ramps and handrails in The Franklin Institute to improve access to the Memorial. (3) Cleaning and refurbishing the entrance stairs, marble walls, and floors of the Memorial Hall. (4) Cleaning and refurbishing the Franklin statue located in the Memorial Hall. (5) Creation of an updated visitor education experience for the Memorial that includes sound, video, and holographic technologies. (6) Updated lighting and signage, appropriate inscription of inspirational quotations, and audiovisual additions to enhance the experience of visitors to the Memorial. (7) Creation of a 10,000 square foot exhibit adjacent to the Memorial Hall dedicated to Benjamin Franklin. (c) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of the Interior to carry out this section, $10,000,000 for fiscal years 2005 through 2009.", "id": "H5868C574DA824172A217E76E32003DBB", "header": "Restoration and improvement of Benjamin Franklin national memorial" } ]

[ { "text": "1. Indian Pueblo Land Act amendments \nThe Act of June 7, 1924 (43 Stat. 636, chapter 331), is amended by adding at the end the following: 20. Criminal jurisdiction \n(a) In general \nExcept as otherwise provided by Congress, jurisdiction over offenses committed anywhere within the exterior boundaries of any grant from a prior sovereign, as confirmed by Congress or the Court of Private land Claims to a Pueblo Indian tribe of new Mexico, shall be as provided in this section. (b) Jurisdiction of the Pueblo \nThe Pueblo has jurisdiction, as an act of the Pueblos’ inherent power as an Indian tribe, over any offense committed by a member of the Pueblo or of another federally recognized Indian tribe, or by any other Indian-owned entity. (c) Jurisdiction of the United States \nThe United States has jurisdiction over any offense described in chapter 53 of title 18, United States Code, committed by or against a member of any federally recognized Indian tribe or any Indian-owned entity, or that involves any Indian property or interest. (d) Jurisdiction of the state of new mexico \nThe State of New Mexico shall have jurisdiction over any offense committed by a person who is not a member of a federally recognized Indian tribe, which offense is not subject to the jurisdiction of the United States..", "id": "H9AA737C94E3A450F95D061E141050035", "header": "Indian Pueblo Land Act amendments" }, { "text": "20. Criminal jurisdiction \n(a) In general \nExcept as otherwise provided by Congress, jurisdiction over offenses committed anywhere within the exterior boundaries of any grant from a prior sovereign, as confirmed by Congress or the Court of Private land Claims to a Pueblo Indian tribe of new Mexico, shall be as provided in this section. (b) Jurisdiction of the Pueblo \nThe Pueblo has jurisdiction, as an act of the Pueblos’ inherent power as an Indian tribe, over any offense committed by a member of the Pueblo or of another federally recognized Indian tribe, or by any other Indian-owned entity. (c) Jurisdiction of the United States \nThe United States has jurisdiction over any offense described in chapter 53 of title 18, United States Code, committed by or against a member of any federally recognized Indian tribe or any Indian-owned entity, or that involves any Indian property or interest. (d) Jurisdiction of the state of new mexico \nThe State of New Mexico shall have jurisdiction over any offense committed by a person who is not a member of a federally recognized Indian tribe, which offense is not subject to the jurisdiction of the United States.", "id": "H58574089CD904675A8DFC8F41BA69ED3", "header": "Criminal jurisdiction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Shadow Wolves Border Defense Act.", "id": "H3CD0BF4702194D0B96917F75FD861940", "header": "Short title" }, { "text": "2. Transfer of existing Customs Patrol Officers unit and establishment of new CPO units in the Bureau of Immigration and Customs Enforcement \n(a) Transfer of Existing Unit \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall transfer to the Bureau of Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of the Bureau of Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as the Shadow Wolves unit). (b) Establishment of New Units \nThe Secretary is authorized to establish within the Bureau of Immigration and Customs Enforcement additional units of Customs Patrol Officers in accordance with this section. (c) Duties \nThe Customs Patrol Officer unit transferred pursuant to subsection (a) and the additional units established pursuant to subsection (b) shall enforce the customs laws of the United States on Indian lands by preventing the smuggling of narcotics, weapons of mass destruction, and other contraband. (d) Basic Pay for Journeyman Officers \nThe rate of basic pay for a journeyman Customs Patrol Officer in a unit described in this section shall be not less than the rate of basic pay for GS–13 of the General Schedule.", "id": "HB5C56111AC324AA798717142685BEDE7", "header": "Transfer of existing Customs Patrol Officers unit and establishment of new CPO units in the Bureau of Immigration and Customs Enforcement" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Women's Pelvic Floor Health Education and Awareness Act.", "id": "HE6E943DC5FBE488691B042EA522685FA", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Women’s pelvic floor disorders are a group of common conditions that cause considerable disability and pain. (2) Such disorders include bladder and bowel dysfunction, including incontinence. Another such disorder is pelvic organ prolapse, which involves a downward shift of uterine or vaginal structures from their normal positions. Often these conditions coexist. (3) Women’s pelvic floor disorders are extremely common and are barriers to healthy living. (4) Women often suffer from a broad overlap of all pelvic floor disorders, usually experiencing several disorders simultaneously. (5) Thirty percent of American women will suffer from a form of urinary incontinence. (6) Eleven percent of women in the United States have surgery for urinary incontinence or pelvic organ prolapse during their lifetime, and close to one third will have a second surgery. Many more women are treated with nonsurgical techniques or remain untreated. (7) Of the 3 million vaginal deliveries that occur each year in the United States, 900,000 women will develop symptomatic urinary incontinence and a smaller number will develop pelvic organ prolapse and bowel incontinence. (8) An estimated $26.3 billion is spent annually to either treat or compensate for urinary incontinence. (9) Many health care providers are not prepared to evaluate urinary pelvic floor disorders, including incontinence, and are unaware of treatment options. (10) To address the public health threat posed by women’s pelvic floor disorders, there is a need for the establishment of awareness and education programs directed at the public and primary-care providers, including the authorization of research focused on urinary incontinence and other pelvic floor disorders. Such programs will greatly help promote better care and treatment to those women afflicted with these disorders.", "id": "H48772C453126479C8C2E8ECA22C63C48", "header": "Findings" }, { "text": "3. Education regarding women’s pelvic floor disorders \n(a) In general \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following section: 399O. Education regarding women’s pelvic floor disorders \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, shall carry out a program to provide education regarding bladder and bowel dysfunction (including incontinence), pelvic organ prolapse, and other pelvic floor disorders to health professionals and the general public. Activities under such program shall be carried out directly by the Secretary and through awards of grants or contracts to States, political subdivisions of States, and other public or nonprofit private entities. (b) Certain information \nThe Secretary shall ensure that education under subsection (a) includes, at a minimum— (1) information describing the prevalence of pelvic floor disorders in women; and (2) information regarding treatment options for such disorders. (c) Use of internet \nThe Secretary shall ensure that the means through which education under subsection (a) is provided includes the posting of information on the Internet site of the Centers for Disease Control and Prevention. The Secretary shall ensure that, in the case of health professionals, such means includes means in addition to the posting of information on such site. (d) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009.. (b) Sense of Congress \nIt is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should establish a national registry for surgical treatment of pelvic floor disorders, especially procedures using new technology.", "id": "H4F888B0DD21345609611C39F648192B4", "header": "Education regarding women’s pelvic floor disorders" }, { "text": "399O. Education regarding women’s pelvic floor disorders \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, shall carry out a program to provide education regarding bladder and bowel dysfunction (including incontinence), pelvic organ prolapse, and other pelvic floor disorders to health professionals and the general public. Activities under such program shall be carried out directly by the Secretary and through awards of grants or contracts to States, political subdivisions of States, and other public or nonprofit private entities. (b) Certain information \nThe Secretary shall ensure that education under subsection (a) includes, at a minimum— (1) information describing the prevalence of pelvic floor disorders in women; and (2) information regarding treatment options for such disorders. (c) Use of internet \nThe Secretary shall ensure that the means through which education under subsection (a) is provided includes the posting of information on the Internet site of the Centers for Disease Control and Prevention. The Secretary shall ensure that, in the case of health professionals, such means includes means in addition to the posting of information on such site. (d) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009.", "id": "HCED2B51BCF554F159CCCD32658155E27", "header": "Education regarding women’s pelvic floor disorders" }, { "text": "4. Research through National Institutes of Health \n(a) In general \nPart B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409J. Women’s pelvic floor disorders \n(a) In general \nThe Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development shall expand and intensify the activities of such Institutes with respect to women’s pelvic floor disorders, including proposals for research on such disorders that are developed independently of solicitations by the National Institutes of Health for research proposals. (b) Networks \n(1) Urinary Incontinence treatment network \nThe Director of the National Institute of Diabetes and Digestive and Kidney Diseases, in consultation with the Director of the National Institute of Child Health and Human Development, shall provide for the continuing operation of the Urinary Incontinence Treatment Network. The Network was established pursuant to financial awards from such Institutes, and includes multiple continence treatment centers and a single biostatistical coordinating committee. The Director shall ensure that not fewer than eight such treatment centers are in operation and may provide for the establishment of additional treatment centers, subject to appropriations Acts. (2) Clinical trials network for female pelvic disorders \nThe Director of the National Institute of Child Health and Human Development, in consultation with the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, shall provide for the continuing operation of the Clinical Trials Network for Female Pelvic Disorders. The Network was established pursuant to financial awards from such Institutes, and includes multiple clinical sites and a single data coordinating committee. The Director shall ensure that not fewer than seven such clinical sites are in operation and may provide for the establishment of additional clinical sites, subject to appropriations Acts. (c) Peer review \nWith respect to technical and scientific peer review under section 492, the Director of NIH shall ensure that groups that review research proposals under this section include urogynecologists.. (b) Sense of Congress \n(1) In general \nThe Congress commends— (A) the National Institute of Diabetes and Digestive and Kidney Diseases for its financial support of the Urinary Incontinence Treatment Network; (B) the National Institute of Child Health and Human Development for its financial support of the Clinical Trials Network for Female Pelvic Disorders; (C) the successful collaboration of such Institutes with respect to the Networks; and (D) each of such Networks for the research it is conducting toward improving women’s pelvic health. (2) Certain activities \nIt is the sense of the Congress that the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development should— (A) increase the size, scope, number, and funding for multidisciplinary research through centers and clinical sites of the Networks referred to in paragraph (1); (B) encourage industry relationships in women’s pelvic floor health related research; (C) recruit established scientists from other relevant areas (such as cardiac or gastrointestinal physiology, cell signaling, biomechanical engineering, genomics, and proteomics) to apply their work to the urinary tract and incontinence by encouraging collaborative efforts between basic and clinical scientists; (D) increase research funding for studies that use cellular and molecular techniques to examine the basic mechanisms of bladder and urethral interactions that create urinary continence and incontinence; (E) support research to develop appropriate animal models of urinary incontinence; (F) develop novel techniques (both invasive and noninvasive) for measuring neural, muscular (striated and smooth), and vascular function relating to pelvic floor health; (G) identify risk factors for pelvic floor disorders and urinary incontinence related to childbirth and aging so that prevention measures and improved disease-specific treatment can be developed; (H) initiate research to develop preventive and therapeutic approaches to urinary incontinence that are sensitive to gender, race, and culture, and develop the means of measuring outcomes for treatments in these varied settings; (I) develop a national data registry and tissue bank of people suffering from incontinence to meet the needs of researchers for well-characterized tissue samples; and (J) research the relationship between the anatomic changes of pelvic organ prolapse and the functional derangement's commonly seen in association with them, including voiding dysfunction and incontinence.", "id": "H0F9138A8224C4B45BD74F189542DD7B6", "header": "Research through National Institutes of Health" }, { "text": "409J. Women’s pelvic floor disorders \n(a) In general \nThe Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development shall expand and intensify the activities of such Institutes with respect to women’s pelvic floor disorders, including proposals for research on such disorders that are developed independently of solicitations by the National Institutes of Health for research proposals. (b) Networks \n(1) Urinary Incontinence treatment network \nThe Director of the National Institute of Diabetes and Digestive and Kidney Diseases, in consultation with the Director of the National Institute of Child Health and Human Development, shall provide for the continuing operation of the Urinary Incontinence Treatment Network. The Network was established pursuant to financial awards from such Institutes, and includes multiple continence treatment centers and a single biostatistical coordinating committee. The Director shall ensure that not fewer than eight such treatment centers are in operation and may provide for the establishment of additional treatment centers, subject to appropriations Acts. (2) Clinical trials network for female pelvic disorders \nThe Director of the National Institute of Child Health and Human Development, in consultation with the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, shall provide for the continuing operation of the Clinical Trials Network for Female Pelvic Disorders. The Network was established pursuant to financial awards from such Institutes, and includes multiple clinical sites and a single data coordinating committee. The Director shall ensure that not fewer than seven such clinical sites are in operation and may provide for the establishment of additional clinical sites, subject to appropriations Acts. (c) Peer review \nWith respect to technical and scientific peer review under section 492, the Director of NIH shall ensure that groups that review research proposals under this section include urogynecologists.", "id": "HFD86A587B71B4C6F005068F8F0E6E344", "header": "Women’s pelvic floor disorders" }, { "text": "5. Inclusion of women’s pelvic floor health in National Children’s Study \nThe Director of the National Institute of Child Health and Human Development shall include women’s pelvic floor health as one of the matters studied in the prospective cohort study regarding child health and human development that is being conducted under section 1004(b) of the Children’s Health Act of 2000 ( Public Law 106–310 ; 114 Stat. 1130) and is known as the National Children’s Study.", "id": "HBA7820A03CD94D2BAF408C35C2A30111", "header": "Inclusion of women’s pelvic floor health in National Children’s Study" }, { "text": "6. Consultation \nIn carrying out this Act, the Secretary of Health and Human Services shall consult with the American Urogynecologic Society and such other qualified professional and patient organizations as the Secretary determines to be appropriate.", "id": "H6BA035FD98574C1F9C81D05DD3F86BDD", "header": "Consultation" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Office of Intellectual Property and Competition Policy Act of 2004.", "id": "H818FB9F7D1824F72B965BF87438BEA4", "header": "Short title" }, { "text": "2. Establishment of Office of Intellectual Property and Competition Policy in the Department of State \n(a) Establishment \nThe State Department Basic Authorities Act of 1956 is amended by inserting after section 58 ( 22 U.S.C. 2730 ) the following new section: 59. Office of Intellectual Property and Competition Policy \n(a) Establishment \n(1) In general \nThere is hereby established in the Department of State an Office of Intellectual Property and Competition Policy (in this section referred to as the Office ). (2) Transfer \nNot later than 180 days after the date of the enactment of the Office of Intellectual Property and Competition Policy Act of 2004, the Secretary of State shall transfer to the Office all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Intellectual Property and Competition Policy (IPC) Division of the Bureau of Economic and Business Affairs of the Department of State. (b) Duties \nThe Office shall have primary responsibility within the Department of State— (1) to develop and implement policies to promote effective intellectual property rights protection worldwide in close cooperation with other United States Government agencies, including the Department of Commerce, the United States Patent and Trademark Office, the Register of Copyrights, and the Office of the United States Trade Representative, and with United States embassies and missions in foreign countries; and (2) to provide technical assistance to foreign countries to implement the policies referred to in paragraph (1). (c) Head of Office \n(1) In general \nExcept as provided in paragraph (2), the Office shall be headed by a Deputy Assistant Secretary of State for Intellectual Property and Competition Policy, to be appointed by the President, by and with the advice and consent of the Senate. (2) Continued service of head of division \nThe individual serving in the position of head of the Intellectual Property and Competition Policy Division on the day before the date of the enactment of the Office of Intellectual Property and Competition Policy Act of 2004 may serve as the Deputy Assistant Secretary at the pleasure of the President after the date of the enactment of such Act. (d) Additional staff \nThe Deputy Assistant Secretary may appoint and fix the pay of additional personnel as the Deputy Assistant Secretary considers appropriate, including personnel to carry out matters relating to technical assistance provided to foreign countries pursuant to subsection (b)(2).. (b) Rate of Pay of Deputy Assistant Secretary of State for Intellectual Property and Competition Policy \nSection 5315 of title 5, United States Code, is amended by adding at the end the following: Deputy Assistant Secretary of State for Intellectual Property and Competition Policy..", "id": "HEB1FD50159F5411E87D1C415185DE915", "header": "Establishment of Office of Intellectual Property and Competition Policy in the Department of State" }, { "text": "59. Office of Intellectual Property and Competition Policy \n(a) Establishment \n(1) In general \nThere is hereby established in the Department of State an Office of Intellectual Property and Competition Policy (in this section referred to as the Office ). (2) Transfer \nNot later than 180 days after the date of the enactment of the Office of Intellectual Property and Competition Policy Act of 2004, the Secretary of State shall transfer to the Office all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Intellectual Property and Competition Policy (IPC) Division of the Bureau of Economic and Business Affairs of the Department of State. (b) Duties \nThe Office shall have primary responsibility within the Department of State— (1) to develop and implement policies to promote effective intellectual property rights protection worldwide in close cooperation with other United States Government agencies, including the Department of Commerce, the United States Patent and Trademark Office, the Register of Copyrights, and the Office of the United States Trade Representative, and with United States embassies and missions in foreign countries; and (2) to provide technical assistance to foreign countries to implement the policies referred to in paragraph (1). (c) Head of Office \n(1) In general \nExcept as provided in paragraph (2), the Office shall be headed by a Deputy Assistant Secretary of State for Intellectual Property and Competition Policy, to be appointed by the President, by and with the advice and consent of the Senate. (2) Continued service of head of division \nThe individual serving in the position of head of the Intellectual Property and Competition Policy Division on the day before the date of the enactment of the Office of Intellectual Property and Competition Policy Act of 2004 may serve as the Deputy Assistant Secretary at the pleasure of the President after the date of the enactment of such Act. (d) Additional staff \nThe Deputy Assistant Secretary may appoint and fix the pay of additional personnel as the Deputy Assistant Secretary considers appropriate, including personnel to carry out matters relating to technical assistance provided to foreign countries pursuant to subsection (b)(2).", "id": "H104C12F7367243678F9D3BCCA71335C9", "header": "Office of Intellectual Property and Competition Policy" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Business Security Tax Credit Act of 2004.", "id": "H16712E9DA04E432C979BC4DEACF6A1B9", "header": "Short title" }, { "text": "2. Agricultural chemicals security credit \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Agricultural chemicals security credit \n(a) In general \nFor purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemicals or any food-use pesticide from unauthorized access. (b) Facility limitation \nThe amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. (c) Annual limitation \nThe amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. (d) Eligible agricultural business \nFor purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides. (e) Specified hazardous chemicals \nFor purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. (f) Food-use pesticide \nFor purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. (g) Controlled groups \nRules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. (h) Regulations \nThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and (2) provide for the treatment of related properties as one facility for purposes of subsection (b).. (b) Credit allowed as part of general business credit \nSection 38(b) of such Code is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) in the case of an eligible agricultural business (as defined in section 45G(d)), the agricultural chemicals security credit determined under section 45G(a).. (c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of section 46G credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the agricultural chemicals security credit determined under section 45G may be carried back to a taxable year beginning before the date of the enactment of this Act.. (d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for security of agricultural chemicals \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a).. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Agricultural chemicals security credit. (f) Effective Date \nThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.", "id": "H72C5651D06874806005E6B5DE1FAED00", "header": "Agricultural chemicals security credit" }, { "text": "45G. Agricultural chemicals security credit \n(a) In general \nFor purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemicals or any food-use pesticide from unauthorized access. (b) Facility limitation \nThe amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. (c) Annual limitation \nThe amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. (d) Eligible agricultural business \nFor purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides. (e) Specified hazardous chemicals \nFor purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. (f) Food-use pesticide \nFor purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. (g) Controlled groups \nRules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. (h) Regulations \nThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and (2) provide for the treatment of related properties as one facility for purposes of subsection (b).", "id": "HDB22CCE5FD5749E0961E5350F5D1116C", "header": "Agricultural chemicals security credit" } ]

[ { "text": "1. Gordon Wood Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 115 South Swenson Street in Stamford, Texas, shall be known and designated as the Gordon Wood Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Gordon Wood Post Office Building.", "id": "H368921F7F6B54BA3A16FF800DA34B2E4", "header": "Gordon Wood Post Office Building" } ]

[ { "text": "1. Amendments \n(a) Authorization of appropriations \nSection 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5108 ) is amended to read as follows: 9. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009.. (b) Steel project priorities \nSection 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5103(c)(1) ) is amended— (1) in subparagraph (H), by striking coatings for sheet steels and inserting sheet and bar steels ; and (2) by adding at the end the following new subparagraph: (K) The development of technologies which reduce greenhouse gas emissions.. (c) Conforming amendments \nThe Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is further amended— (1) by striking section 7 ( 15 U.S.C. 5106 ); and (2) in section 8 ( 15 U.S.C. 5107 ), by inserting , beginning with fiscal year 2005, after close of each fiscal year.", "id": "HE0E380695D9C4D099B33E5A13B7BB086", "header": "Amendments" }, { "text": "9. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009.", "id": "HCB3C0AB4B7E04EF38CACADF241529B95", "header": "Authorization of appropriations" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Hybrid HOV Access Act of 2004.", "id": "H015208F4F74E4DABA3A76FA6F7A62B94", "header": "Short title" }, { "text": "2. HOV facilities \n(a) In general \nSubchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: 165. HOV facilities \n(a) In general \n(1) Authority of state agencies \nA State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. (2) Occupancy requirement \nExcept as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. (b) Exceptions \nNotwithstanding the occupancy requirements of subsection (a)(2), the following exceptions shall apply with respect to a State agency operating a HOV facility: (1) Motorcycles and bicycles \n(A) In general \nSubject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. (B) Safety exception \nA State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. (2) Public transportation vehicles \nThe State agency may allow public transportation vehicles to use the HOV facility if the agency— (A) establishes requirements for clearly identifying the vehicles; and (B) establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. (3) High occupancy toll vehicles \nThe State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of such vehicles pay a toll charged by the agency for use of the facility and the agency— (A) establishes a program that addresses how motorists can enroll and participate in the toll program; (B) develops, manages, and maintains a system that will automatically collect the toll; and (C) establishes policies and procedures to— (i) manage the demand to use the facility by varying the toll amount that is charged; (ii) enforce violations of use of the facility; and (iii) permit low-income individuals to pay reduced tolls. (4) Low emission and energy-efficient vehicles \n(A) Inherently low-emission vehicle \nBefore September 30, 2009, the State agency may allow vehicles that are certified as inherently low-emission vehicles pursuant to section 88.311-93 of title 40, Code of Federal Regulations, and are labeled in accordance with section 88.312-93 of such title, to use the HOV facility if the agency establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. (B) Other low emission and energy-efficient vehicles \nBefore September 30, 2009, the State agency may allow vehicles certified as low emission and energy-efficient vehicles under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if the agency— (i) establishes a program that addresses how those qualifying low emission and energy-efficient vehicles are selected and certified; (ii) establishes requirements for labeling qualifying low emission and energy-efficient vehicles (including procedures for enforcing those requirements); (iii) continuously monitors, evaluates, and reports to the Secretary on performance; and (iv) imposes such restrictions on the use on high occupancy vehicle lanes by vehicles that do not satisfy established occupancy requirements as are necessary to ensure that the performance of individual high occupancy vehicle lanes, and the entire high occupancy vehicle lane system, will not become seriously degraded. (5) Advanced lean burn technology vehicles \nBefore September 30, 2009, the State agency may allow vehicles certified as advanced lean burn technology vehicles under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if the agency— (A) establishes a program that address how those qualifying advanced lean burn technology vehicles are selected and certified; (B) establishes requirements for labeling qualifying advanced lean burn technology vehicles (including procedures for enforcing those requirements); (C) continuously monitors, evaluates, and reports to the Secretary on performance; and (D) imposes such restrictions on the use on high occupancy vehicle lanes by vehicles that do not satisfy established occupancy requirements as are necessary to ensure that the performance of individual high occupancy vehicle lanes, and the entire high occupancy vehicle lane system, will not become seriously degraded. (c) Requirements applicable to tolls \n(1) In general \nTolls may be charged under subsections (b)(3) and (b)(4) notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of section 129. (2) HOV facilities on the interstate system \nNotwithstanding section 129, tolls may be charged under subsections (b)(3) and (b)(4) on a HOV facility on the Interstate System. (3) Excess toll revenues \nIf a State agency makes a certification under the last sentence of section 129(a)(3) with respect to toll revenues collected under subsections (b)(3) and (b)(4), the State, in the use of tolls revenues under that sentence, shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. (d) HOV facility management, operation, monitoring, and enforcement \n(1) In general \nA State agency that allows vehicles to use a HOV facility under subsection (b)(4) in a fiscal year shall certify to the Secretary that the agency will carry out the following responsibilities with respect to the facility in the fiscal year: (A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the impacts that such vehicles may have on the operation of the facility and adjacent highways. (B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section. (C) Limiting or discontinuing the use of the facility by such vehicles if the presence of such vehicles has degraded the operation of the facility. (2) Degraded facility \n(A) In general \nFor purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 6-month period during morning or evening weekday peak hour periods (or both). (B) Minimum average operating speed defined \nIn subparagraph (A), the term minimum average operating speed means— (i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and (ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour. (e) Certification of low emission and energy-efficient vehicles and advanced lean burn technology vehicles \nNot later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall issue— (1) a final rule establishing requirements for certification of a vehicle for purposes of this section as— (A) a low emission and energy-efficient vehicle; or (B) an advanced lean burn technology vehicle; and (2) requirements for the labeling of such vehicles. (f) Fuel efficiency guidance for hybrid vehicles \nNot later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection agency shall issue guidance on methods for determining whether a vehicle meets the fuel efficiency standards required to qualify as a hybrid vehicle under subsection (g). (g) Definitions \nIn this section, the following definitions apply: (1) Advanced lean burn technology vehicle \nThe term advanced lean burn technology vehicle means a vehicle with an internal combustion engine that is designed to operate primarily using more air than is necessary for complete combustion of fuel, incorporates direct injection, achieves at least 125 percent of city fuel economy of a comparable vehicle, and has received a certificate that such vehicle meets or exceeds— (A) in the case of a vehicle having a gross vehicle weight rating of 6000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (42 U.S.C 7521(i)); and (B) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard established in such regulations. (2) Dedicated alternative fuel vehicle \nThe term dedicated alternative fuel vehicle means a vehicle that operates solely on— (A) methanol, denatured ethanol, or other alcohols; (B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; (C) natural gas; (D) liquefied petroleum gas; (E) hydrogen; (F) coal derived liquid fuels; (G) fuels (except alcohol) derived from biological materials; (H) electricity (including electricity from solar energy); or (I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. (3) HOV facility \nThe term HOV facility means a high occupancy vehicle facility. (4) Hybrid vehicle \nThe term hybrid vehicle means a vehicle that— (A) has propulsion energy drawn from onboard hybrid sources of stored energy, including— (i) an internal combustion or heat engine using consumable fuel; and (ii) a rechargeable energy storage system; and (B) has been certified by the manufacturer, in accordance with guidance prescribed by the Administrator under subsection (f), to have achieved either— (i) a 10 percent or greater increase in city fuel economy relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from such onboard hybrid sources); or (ii) a 10 percent or greater increase in lifetime fuel savings relative to such comparable vehicle. (6) Low emission and energy efficient vehicle \nThe term low emission and energy-efficient vehicle means a vehicle that— (A) has been certified by the Administrator of the Environmental Protection Agency as meeting the Tier II emission standard established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act ( 42 U.S.C. 7521(i) ) for that make and model year vehicle; and (B) is a hybrid vehicle or dedicated alternative fuel vehicle. (7) Public transportation vehicle \nThe term public transportation vehicle means a vehicle that provides public transportation (as defined in section 5302(a) of title 49). (8) State agency \nThe term State agency , as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility and includes a State transportation department.. (b) Conforming amendments \n(1) Program efficiencies \nSection 102 of title 23, United States Code, is amended by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (2) Chapter analysis \nThe analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following: 165. HOV facilities. (c) Technical amendment \nSection 102(b) of title 23, United States Code, (as redesignated by subsection (b)(1) of this section) is amended by striking 10 years and all that follows through after and inserting 10 years (or such longer period as the State requests and the Secretary determines to be reasonable) after.", "id": "H3800D62900A847D18F8360C63053BC13", "header": "HOV facilities" }, { "text": "165. HOV facilities", "id": "jopvskt", "header": "HOV facilities" } ]

[ { "text": "1. Safe and secure storage of explosive materials by State and local law enforcement agencies \n(a) Reports on locations, types, and amounts of stored explosive materials \n(1) Initial reports \nWithin 6 months after the date of the enactment of this Act, each State shall submit to the Attorney General a written report that specifies each location at which any law enforcement agency operating under State law stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, and the types and amounts of such materials stored or kept at the location. (2) Subsequent reports \nAt such times as the Attorney General shall provide in regulations, each State shall submit to the Attorney General a written report that updates the most recent report submitted by the agency pursuant to this subsection. (b) Regulations governing storage of explosive materials \nWithin 6 months after the date of the enactment of this Act, the Attorney General shall prescribe final regulations governing the storage and keeping by State and local law enforcement agencies of explosive materials that have been shipped or transported in interstate or foreign commerce. The regulations shall set forth the standards of public safety and security against theft which any place at which explosive materials that have been shipped or transported in interstate or foreign commerce are so stored or kept shall meet, and shall, at a minimum, require any such place to be subject to video surveillance or to have in operation an alarm system capable of notifying the agency of unauthorized entry. (c) Inspection authority \nThe Attorney General may enter during business hours any place where a State or local law enforcement agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, for the purpose of inspecting the explosive materials and determining whether the materials are being stored or kept in compliance with the regulations prescribed under subsection (b). (d) Authority to impose penalty for noncompliance \n(1) Authority to reduce grants \nIf a State or local law enforcement agency fails to comply with this section or any regulation prescribed under this section, the Attorney General may reduce by 10 percent the funds that the agency would otherwise receive, or would otherwise be allocated, under any grant program of the Department of Justice. (2) Reallocation of funds \nAny funds that are not allocated to a State or local law enforcement agency by reason of paragraph (1) shall be reallocated to other State or local law enforcement agencies whose grants are not reduced by reason of paragraph (1).", "id": "HBBBB1B5252834C698C39A8BA6DBBB567", "header": "Safe and secure storage of explosive materials by State and local law enforcement agencies" }, { "text": "2. Matching grants \n(a) Application \nA State or local law enforcement agency may submit to the Attorney General an application for a grant under this section, which shall contain— (1) a good faith estimate of the total amount the agency will need to expend to comply with the regulations prescribed under section 1(b); and (2) a certification that the agency has obtained commitments to receive from State or local sources sums totalling not less than ½ of the amount referred to in paragraph (1), and will expend the sums to achieve such compliance. (b) Grant authority \nThe Attorney General may make a grant under this section to an applicant therefor if— (1) the application contains the information required by subsection (a)(1) of this section; and (2) the applicant has submitted to the Attorney General all reports required from the applicant by or under section 1(a). (c) Amount of grant \nThe amount of the grant to be made to an applicant under this section shall not exceed ½ of the amount set forth in the application pursuant to subsection (a)(1). (d) Use of grant \nAn applicant who receives a grant under this section shall use the grant only to cover the cost of complying with the regulations prescribed under section 1(b). (e) Limitations on authorization of appropriations \nFor grants under this section, there are authorized to be appropriated to the Attorney General $10,000,000, without fiscal year limitation.", "id": "HC2F0686B765843F0ACDC0634D1D59705", "header": "Matching grants" }, { "text": "3. Definitions \nIn this Act: (1) Explosive materials \nThe term explosive materials has the meaning given in section 841(c) of title 18, United States Code. (2) Law enforcement agency \nThe term law enforcement agency does not include any component of the National Guard. (3) State \nThe term State includes the District of Columbia.", "id": "H91B6976467204BE29CB139434467BE14", "header": "Definitions" } ]

[ { "text": "1. Display of Flag of the United States at Half-Staff on National Workers Memorial Day \nSection 6(d) of title 4, United States Code, is amended by inserting before Mother’s Day the following: National Workers Memorial Day (half-staff), April 28;.", "id": "HD03E812183524560A52B1690E6963D97", "header": "Display of Flag of the United States at Half-Staff on National Workers Memorial Day" } ]

[ { "text": "1. Extension of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005 \nSection 942 of the Livestock Mandatory Reporting Act of 1999 ( 7 U.S.C. 1635 note) is amended by striking 5 years and inserting 6 years.", "id": "H26FCED770B4841AE85FEFB419000F6D7", "header": "Extension of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005" } ]

[ { "text": "1. National Commission on Digestive Diseases \n(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ), after consultation with the Director of the National Institutes of Health, shall, within sixty days after the date of the enactment of this Act, establish a National Commission on Digestive Diseases (in this section referred to as the Commission ). (b) Duties \n(1) In general \nThe Commission shall— (A) conduct a comprehensive study of the present state of knowledge of the incidence, duration, and morbidity of, and mortality rates resulting from, digestive diseases and of the social and economic impact of such diseases; (B) evaluate the public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of, and research in, such diseases; and (C) identify programs (including biological, behavioral, nutritional, environmental, and social programs) in which, and the means by which, improvement in the management of digestive diseases can be accomplished. (2) Long-range plan \nBased on the study, evaluation, and identification made pursuant to paragraph (1), the Commission shall develop and recommend a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. The plan shall provide for— (A) research studies into the basic biological processes and mechanisms related to digestive diseases; (B) investigations into the epidemiology, etiology, diagnosis, treatment, prevention, and control of digestive diseases; (C) development of preventive measures (including education programs, programs for the elimination of environmental hazards related to digestive diseases, and clinical programs) to be taken against digestive diseases; (D) detection of digestive diseases in the presymptomatic stages and development and evaluation of new, and improved methods of screening for digestive diseases, taking into account recent technological changes in diagnostic imaging modalities; (E) development of criteria for the diagnosis and the clinical management and control of digestive diseases; (F) development of approaches to advance digestive diseases research by incorporating insights obtained from genomic and proteomic research; (G) development of coordinated health care systems for dealing with digestive diseases; (H) education and training (including continuing education programs) of scientists, clinicians, educators, and allied health professionals in the fields and specialties requisite to the conduct of programs related to digestive diseases with special emphasis on training for careers in research, teaching, and all aspects of patient care; (I) the conduct and subject matter of trials in clinical and translational research in digestive diseases; and (J) establishment of a system of periodic surveillance of the research potential and research needs in digestive diseases. The long-range plan formulated under this paragraph shall also include within its scope related nutritional disorders and basic biological processes and mechanisms in nutrition which are related to digestive diseases. (3) Recommendations for individual national research institutes \nThe Commission shall recommend for each of the Institutes of the National Institutes of Health whose activities are to be affected by the long-range plan estimates of the expenditures needed to carry out each Institute’s part of the overall program. Such estimates shall be prepared for the fiscal year beginning immediately after completion of the Commission’s plan and for each of the next five fiscal years. (c) Composition \n(1) In general \nThe Commission shall be composed of 16 members appointed in accordance with paragraph (2) and the ex officio members designated under paragraph (3). The appointed members shall be voting members, and the ex officio members shall be nonvoting members, except that the ex officio member designated under paragraph (3)(A) shall be a voting member. (2) Appointed members \nThe voting members of the Commission shall be appointed by the Secretary, and shall be appointed from among individuals who are not officers or employees of the Federal Government. Of such members— (A) 10 shall be appointed from among scientists, physicians, and other health professionals, of whom— (i) two shall be practicing clinical gastroenterologists; (ii) two shall be gastroenterologists involved primarily in research on digestive diseases; (iii) one shall be a surgeon; (iv) one shall be an expert in liver disease; (v) one shall be an epidemiologist; (vi) one shall be an allied health professional; and (vii) two shall be basic biomedical scientists (such as biochemists, physiologists, microbiologists, nutritionists, pharmacologists, or immunologists); and (B) six shall be appointed from among the general public, of whom at least three shall have personal or close family experience with digestive diseases. (3) Ex officio members \n(A) National Institute of Diabetes and Digestive and Kidney Diseases \nFrom among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of digestive diseases, the Secretary shall designate an individual to serve as an ex officio member of the Commission. (B) Additional members \nThe following officials (or the designees of the officials) shall serve as ex officio members of the Commission: The Director of the National Institutes of Health; the Director of the National Institute of Diabetes and Digestive and Kidney Diseases; the Director of the National Institute of Allergy and Infectious Diseases; the Director of the National Cancer Institute; the Director of the National Institute of Biomedical Imaging and Bioengineering; the Director of the National Institute of Drug Abuse; the Director of the National Institute on Alcohol Abuse and Alcoholism; the Director of the National Human Genome Research Institute; the Director for the Division of Digestive Diseases and Nutrition within the National Institute of Diabetes and Digestive Kidney Diseases; the Director of the Centers for Disease Control and Prevention; the Chief Medical Director of the Department of Veterans Affairs; and the Secretary of Defense. (d) Chair \nFrom among the appointed members of the Commission, the members of the Commission shall select an individual to serve as the Chair of the Commission. (e) Terms \nThe term of a member of the Commission is the life of the Commission. (f) Vacancies \n(1) Authority of commission \nA vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties of the Commission. (2) Appointment of successor \nA vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term \nIf a member of the Commission does not serve the full term of the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (g) Meetings \nThe Commission shall first meet as directed by the Secretary, not later than sixty days after the Commission is established, and thereafter shall meet at the call of the Chair of the Commission, but not less often than three times during the life of the Commission. (h) Compensation; reimbursement of expenses \n(1) Appointed members \nMembers of the Commission appointed from among individuals who are not officers or employees of the Federal Government shall receive compensation for each day (including travel time) engaged in carrying out the duties of the Commission. Such compensation may not be in an amount in excess of the daily equivalent of the annual maximum rate of basic pay payable under section 5108 of title 5, United States Code, for positions above GS–15. (2) Ex officio members \nMembers of the Commission appointed from among individuals who are officers or employees of the Federal Government may not receive compensation for service on the Commission in addition to the compensation otherwise received for duties carried out as Federal officers or employees. (3) Reimbursement \nMembers of the Commission, while serving away from their homes or regular places of business in the performance of services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (i) Staff \n(1) Executive director \nThe Commission may appoint and fix the pay of an executive director to effectively carry out its functions. The executive director shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and sub-chapter III of chapter 53 of such title related to classification and General Schedule pay rates. (2) Additional staff \nThe Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines to be necessary for the Commission to carry out effectively its functions. (j) Powers \nThe Commission may hold such hearings, take such testimony, and sit and act at such time and places as the Commission deems advisable. (k) Report \nWithin 18 months following its initial meetings (as prescribed by subsection (g)), the Commission shall publish and transmit directly to the Congress a final report respecting its activities under this section. The report shall contain— (1) the long-range plan required by subsection (b)(2); (2) the expenditure estimates required by subsection (b)(3); and (3) any recommendations of the Commission for legislation that would facilitate the implementation of the long-range plan. In developing recommendations under paragraph (3), the Commission shall evaluate the effectiveness of the Interagency Coordinating Committee for Digestive Diseases and assess its ability to monitor and promote adherence to the long-range plan. The Commission may also make recommendations regarding organizational changes within the National Institutes of Health or the establishment of new entities that would facilitate implementation of the long-range plan and otherwise coordinate the Federal digestive diseases research effort. (l) Termination \nThe Commission terminates 30 days after the date on which the final report under subsection (k) is submitted to the Congress. (m) Authorization of appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 in the aggregate for fiscal years 2005 and 2006.", "id": "H68255815F76444218570B6D182D6FFD7", "header": "National Commission on Digestive Diseases" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Accutane Safety and Risk Management Act.", "id": "HDF97963E04A3473B9BAF0065CE8B0718", "header": "Short title" }, { "text": "2. Federal Food, Drug, and Cosmetic Act; restrictions regarding drug isotretinoin \n(a) In general \nNot later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ), acting through the Commissioner of Food and Drugs, shall withdraw the approval under section 505 of the Federal Food, Drug, and Cosmetic Act of each application for a drug that contains isotretinoin as an active ingredient (including the drug marketed as Accutane). During or after such period, any holder of an application that is subject to the preceding sentence may file with the Secretary a supplemental application for such drug, and the Secretary may approve the supplemental application in accordance with subsection (b). (b) Restrictions \nAny approval by the Secretary of a supplemental application for a drug containing isotretinoin pursuant to subsection (a) shall provide that such drug is being approved as a drug subject to subpart H of part 314 of title 21, Code of Federal Regulations. The Secretary shall under such subpart H establish restrictions on the distribution of the drug. Such restrictions shall require that distribution of the drug under all the approved supplemental applications be exclusively through a single program, approved by the Secretary, that provides for the distribution of the drug in accordance with the following conditions: (1) Distribution of the drug by manufacturers is directly to pharmacists (without the involvement of entities engaged in the wholesale distribution of drugs), and each pharmacist receiving the drug is in compliance with the following: (A) The pharmacist has registered with the program. (B) The pharmacist has received education on potential side effects of the drug relating to birth defects and mental health or behavioral issues that, as of the day before the date of the enactment of this Act, were described on the approved labeling for the drug (including depression, suicidal ideation, suicide attempts, suicide, and aggressive or violent behavior). (C) The pharmacist agrees that the drug will be dispensed only pursuant to prescriptions issued by practitioners at treatment centers certified under paragraph (2). (D) The pharmacist has signed and filed with the program a statement that the pharmacist understands the conditions for participation in the program as a pharmacist, and will maintain compliance with the agreement described in subparagraph (C) and otherwise comply with applicable conditions. (2) The program certifies clinics and medical offices as treatment centers regarding the drug, makes the certifications in accordance with the conditions described in subsection (c), provides that the certifications are effective for one year, and maintains a registry of treatment centers for which certifications are in effect. (3) The program develops and makes available to practitioners materials for educating patients on the drug, including managing the risks associated with the drug, and such materials include a questionnaire, to be completed monthly by patients, that warns patients of the adverse side effects described in paragraph (1)(B) and monitors for the development of any such effects in patients. (4) The drug is prescribed for a patient by a practitioner only in accordance with the following: (A) The drug is prescribed for severe, recalcitrant nodular acne that is unresponsive to conventional therapy, including antibiotics. (B) The patient is registered with the program. (C) Using the materials referred to in paragraph (3), the practitioner educates the patient on the drug, including providing one-on-one, in-person counseling. (D) The practitioner provides to the patient the questionnaire referred to in paragraph (3), and the patient completes the questionnaire. (E) The patient signs a statement providing the informed consent of the patient to undergo treatment with the drug (or a parent or guardian of the patient signs the statement, in the case of a patient who is a minor or otherwise lacks legal capacity). (F) The patient undergoes the appropriate blood tests. (G) In the case of a female patient— (i) the education under subparagraph (C) includes education on the need to avoid becoming pregnant while being treated with the drug; and (ii) the practitioner determines that the patient is not pregnant, as indicated by an electronic verification, provided to the practitioner by an accredited laboratory, that the patient has undergone a pregnancy test and received a negative result. (H) In the case of a male patient, the education under subparagraph (C) includes education on the need to avoid impregnating women while being treated with the drug. (I) The prescription is issued only after compliance with subparagraphs (B) through (H). (J) The prescription is for a 30-day supply of the drug, with no refills. (K) Each further prescription for the drug is issued by the practitioner to the patient only pursuant to another in-person consultation with the practitioner, and prior to issuing the prescription, compliance with subparagraphs (C) through (I) is repeated. (L) The patient undergoes the appropriate blood tests 30 days after the conclusion of treatment with the drug. (5) Such additional conditions as the Secretary may by regulation determine to be necessary to protect the public health with respect to the drug. (c) Certification of treatment centers \nFor purposes of subsection (b)(2), the conditions for the program to certify a clinic or medical office as a treatment center regarding a drug containing isotretinoin are as follows: (1) The program determines that each of the practitioners at the clinic or office who will prescribe the drug is in compliance with the following: (A) The practitioner is authorized under the law of the State involved to administer prescription drugs. (B) The practitioner has registered with the program and received education on the potential side effects referred to in subsection (b)(1)(B). (C) The practitioner agrees as follows: (i) The practitioner will prescribe the drug for a patient in accordance with subsection (b)(4). (ii) If a female patient being treated with the drug becomes pregnant, the practitioner will immediately report the pregnancy to the program and provide follow-up in accordance with the program. (iii) The practitioner will not issue prescriptions for the drug by telephone or facsimile transmission, or through the Internet. (iv) The practitioner will— (I) report to the Secretary any information received by the practitioner on adverse events that are associated with the use of the drug by patients of the practitioner; and (II) submit such reports quarterly, except in the case of a patient death associated with the drug, in which case the report will be submitted immediately, but in no case later than 15 days after the date on which the practitioner learns of the death. (D) The practitioner has signed and filed with the program a statement that the practitioner understands the conditions for participation in the program as a practitioner, and will maintain compliance with the agreements described in subparagraph (C) and otherwise comply with applicable conditions. (2) After the initial certification of the clinic or office, the program renews a certification for additional-one year periods only if the program has conducted an evaluation to determine whether, during the preceding one-year period, each practitioner at the center who prescribes the drug has maintained substantial compliance with applicable conditions of the program. (3) Such additional conditions as the Secretary may by regulation determine to be necessary to protect the public health with respect to the drug. (d) Monitoring by Secretary \nThe Secretary shall monitor the distribution of drugs containing isotretinoin under supplemental applications approved under subsection (b), including the prescribing and dispensing of the drug, to determine whether the drug is being distributed in accordance with the program approved by the Secretary under such subsection.", "id": "H62261534B0D548CCB9D7C5783DB3548", "header": "Federal Food, Drug, and Cosmetic Act; restrictions regarding drug isotretinoin" }, { "text": "3. Reporting of adverse events by manufacturers and distributors \n(a) In general \nEach person who is a manufacturer or distributor of a drug containing isotretinoin shall report to the Secretary any information received by such person on adverse events that are associated with such drug. In any case in which an individual reports an adverse event to such person and states that the individual believes the drug is a factor in the event, the person shall consider the event to be associated with the drug for purposes of the preceding sentence. (b) Timeframe for reporting \nA person described in subsection (a) shall submit reports under such subsection to the Secretary on a quarterly basis, except that in the case of a death associated with isotretinoin, the report shall be submitted immediately, but in no case later than 15 days after the date on which the person learns of the death.", "id": "HBCBBB75B1A6140ECB35278B14000A216", "header": "Reporting of adverse events by manufacturers and distributors" }, { "text": "4. Further studies \n(a) In general \nThe Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Director of the National Institute of Mental Health, shall continue to conduct and support appropriate studies to explore, in adolescents and adults— (1) the effects of isotretinoin and retinoid acid on the central nervous system, including the brain; and (2) the behavioral effects of isotretinoin, including depression, suicidal ideation, suicide attempts, suicide, and aggressive or violent behavior. (b) Authorization of appropriations \nFor the purpose of studies under subsection (a), there are authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year, in addition to any other authorizations of appropriations that are available for such purpose.", "id": "H422B0818E28844568600CFAED2F57FC2", "header": "Further studies" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Wetlands Jurisdiction Act of 2004.", "id": "HDDF1DD6976B34326B65F3E0041B6E0F2", "header": "Short title" }, { "text": "2. Statement of purposes \nThe purposes of this Act are to— (1) clarify the jurisdiction of the Federal Government over waters of the United States in light of the decision of the Supreme Court in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001); (2) provide consistency throughout the Nation in determining the jurisdiction of the Federal Government over waters of the United States; and (3) consolidate in one Federal agency the authority of the Federal Government to implement the permitting program established under section 404 of the Federal Water Pollution Act ( 33 U.S.C. 1344 ).", "id": "H6D9CD5F4FCB14AE68100150085CC9349", "header": "Statement of purposes" }, { "text": "3. Federal jurisdiction \nSection 404(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(a) ) is amended— (1) by striking (a) The Secretary and inserting the following: (a) Issuance of Permits \n(1) In general \nThe Secretary ; and (2) by adding at the end the following: (2) Jurisdiction \nWaters of the United States, including the territorial seas, shall be subject to the jurisdiction of the permitting program established by this section if the waters are— (A) navigable; (B) hydrologically connected to navigable waters through a continuous, naturally occurring surface connection; or (C) wetlands adjacent to waters described in subparagraph (A) or (B). (3) Surface connection \n(A) Included waters \nFor purposes of paragraph (2)(B), waters shall be considered to be hydrologically connected to navigable waters by a continuous, naturally occurring surface connection if the waters are connected by perennial or intermittent streams that contribute flow to navigable waters, including perennial or intermittent streams that have been restored, relocated, or channelized on the surface or that flow through culverts. (B) Excluded waters \nFor purposes of paragraph (2)(B), waters shall not be considered to be hydrologically connected to navigable waters by a continuous, naturally occurring surface connection if the waters are connected by— (i) sheet flow (normal runoff of precipitation); (ii) ephemeral waters, ground water, manmade ditches, or pipelines; or (iii) a municipal separate storm sewer system or any other point source regulated under section 402, including a State program approved under section 402(b). Such connecting waters also shall not be subject to the jurisdiction of the permitting program established by this section. (4) Fastlands \nFastlands shall not be subject to the jurisdiction of the permitting program established by this section. (5) Determination of jurisdiction \n(A) Request for determination \nA person who holds an ownership interest in property, or who has written authorization from such person, may submit a request to the Secretary identifying the property and requesting the Secretary to determine the presence or absence of waters of the United States subject to the jurisdiction of the permitting program established by this section. The person making the request may limit the request to a determination of the presence or absence of any of the waters described in paragraph (2)(A), (2)(B), or (2)(C). (B) Requests for additional information \nNot later than 30 days after the date of receipt of a request under subparagraph (A), the Secretary may make one request for such additional information as may be necessary to make the jurisdictional determination. (C) Determination and notification by the secretary \nNot later than 90 days after the date of receipt of a request under subparagraph (A), or not later than 60 days after the date of receipt of additional information provided under subparagraph (B), whichever is later, the Secretary shall— (i) make a jurisdictional determination for the waters described in the request; and (ii) provide written notification of the jurisdictional determination to the person submitting the request, together with written documentation of the determination and a written basis for the determination. (D) Authority to seek immediate judicial review \n(i) In general \nAny person authorized under this paragraph to request a jurisdictional determination for property may— (I) seek judicial review of any such jurisdictional determination, or injunctive relief in the case of a failure to make a determination, in the United States District Court for the district in which the property is located; or (II) may proceed under the administrative appeals process established under this section. (ii) Waters subject to review \nJudicial review, injunctive relief, or administrative appeal under clause (i) may be sought for any of the waters described in paragraph (2)(A), (2)(B), or (2)(C), as specified in the request made under this paragraph. (iii) Judicial review following administrative appeals \nAny person who elects to proceed under the administrative appeals process shall retain the right to seek in the United States District Court for the district in which the property is located judicial review of the final decision of the Secretary under the administrative appeals process..", "id": "HD2371033CDC947E3ADD292934B9FA97C", "header": "Federal jurisdiction" }, { "text": "4. Single agency implementation \n(a) In general \nBeginning on the date of enactment of this Act, all authorities of the Administrator of the Environmental Protection Agency under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) are transferred to the Secretary of the Army, acting through the Chief of Engineers. (b) Authorities retained by EPA \nNotwithstanding subsection (a), the Administrator shall retain the authority to comment on permits issued under section 404(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(a) ) and general permits issued under section 404(e) of such Act ( 33 U.S.C. 1344(e) ). (c) Transfer of funds \nAll funds appropriated to the Administrator for carrying out the authorities transferred under this section shall be transferred to the Secretary. (d) Conforming amendments \nSection 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended— (1) in subsection (b) by striking the Administrator, in conjunction with ; (2) by striking subsection (c); and (3) in subsection (q) by adding at the end the following: No agreement entered into under this subsection shall authorize any of the signatory agencies to request a decision concerning a permit issued under this section to be elevated to any level above the District Engineer..", "id": "H3CC11B3234F947DEB7DCF8B25699C800", "header": "Single agency implementation" }, { "text": "5. Definitions \nSection 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended by adding at the end the following: (u) Definitions \nIn this section, the following definitions apply: (1) Navigable \nThe term navigable means a water that is presently used, or is susceptible to use, in its natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to its ordinary highwater mark, including all waters that are subject to the ebb and flow of the tide shoreward to their mean highwater mark. (2) Wetlands \nThe term wetlands means those lands that have a predominance of hydric soils and that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (3) Adjacent wetlands \nThe term adjacent wetlands means wetlands that are physically touching (abutting or contiguous to) a water described in subsection (a)(2)(A) or (a)(2)(B). Wetlands separated by a riverbank from which river water overflows into the wetlands annually or biannually are adjacent wetlands for purposes of this section. (4) Culvert \nThe term culvert means a pipe or structure that conveys perennial or intermittent streams from one side of a linear structure, such as a roadway, to the other side. (5) Fastlands \nThe term fastlands means areas located behind legally constituted manmade structures, such as levees, constructed and maintained to permit the utilization of the areas for commercial, industrial, or residential purposes consistent with local land use planning requirements..", "id": "HCF501EDA97A14884BA2BC82C09068DC9", "header": "Definitions" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Financial Transactions Equity Act of 2004.", "id": "H5333CFD071BA4D898BE41E4795709B00", "header": "Short title" }, { "text": "2. Dividend received deduction for dividends received from qualified foreign corporations \n(a) In general \nSection 245 of the Internal Revenue Code of 1986 (relating to dividends received from certain foreign corporations) is amended by adding at the end the following new subsection: (d) Dividends received from corporations organized under the laws of the Commonwealth of Puerto Rico \n(1) In general \nIn the case of dividends received by a domestic corporation from a corporation organized under the laws of the Commonwealth of Puerto Rico, there shall be allowed as a deduction an amount equal to the percent (specified in section 243 for the taxable year) of such dividends. (2) Exclusion of certain dividends \nParagraph (1) shall not apply to any dividend received from a corporation organized under the laws of the Commonwealth of Puerto Rico to the extent that the dividend consists of earnings and profits accumulated during a taxable year that such corporation was a controlled foreign corporation (as defined in section 957). (3) Coordination with section 1248 \nFor purposes of this subsection, the term dividend does not include any amount treated as a dividend under section 1248.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H3C338D5BDFD8499BAD6499BD4C61A0FF", "header": "Dividend received deduction for dividends received from qualified foreign corporations" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2004 or PROTECTION Act.", "id": "HEFB23BE19D4B40C09E55E5F51C2FE500", "header": "Short title" }, { "text": "2. Providing reliable officers, technology, education, community prosecutors, and training in our neighborhood initiative \n(a) COPS program \nSection 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(a) ) is amended by— (1) inserting and prosecutor after increase police ; and (2) inserting to enhance law enforcement access to new technologies, and after presence,. (b) Hiring and redeployment grant projects \nSection 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B)(i), by inserting after Nation the following: , or pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts ; and (B) by striking subparagraph (C) and inserting the following: (C) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education. ; and (2) by amending paragraph (2) to read as follows: (2) Limitation on grants to promote higher education \nGrants pursuant to paragraph (1)(C) may not exceed 5 percent of the funds available for grants pursuant to this subsection for any fiscal year.. (c) Additional grant projects \nSection 1701(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(d) ) is amended— (1) in paragraph (2)— (A) by inserting integrity and ethics after specialized ; and (B) by inserting and after enforcement officers ; (2) in paragraph (7) by inserting school officials, religiously-affiliated organizations, after enforcement officers ; (3) by striking paragraph (8) and inserting the following: (8) establish school-based partnerships between local law enforcement agencies and local school systems, by using school resource officers who operate in and around elementary and secondary schools to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, combat school-related crime and disorder problems, gang membership and criminal activity, firearms and explosives-related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs; ; (4) in paragraph (11) by striking and at the end; (5) in paragraph (12) by striking the period at the end and inserting ; and ; and (6) by adding at the end the following: (13) develop and implement innovative programs (such as the TRIAD program) that bring together a community’s sheriff, chief of police, and elderly residents to address the public safety concerns of older citizens.. (d) Technical assistance \nSection 1701(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(f) ) is amended— (1) in paragraph (1)— (A) by inserting use up to 5 percent of the funds appropriated under subsection (a) to after The Attorney General may ; and (B) by inserting at the end the following: In addition, the Attorney General may use up to 5 percent of the funds appropriated under subsections (d), (e), and (f) for technical assistance and training to States, units of local government, Indian tribal governments, and to other public and private entities for those respective purposes. ; (2) in paragraph (2) by inserting under subsection (a) after the Attorney General ; and (3) in paragraph (3)— (A) by striking the Attorney General may and inserting the Attorney General shall ; (B) by inserting regional community policing institutes after operation of ; and (C) by inserting representatives of police labor and management organizations, community residents, after supervisors,. (e) Technology and prosecution programs \nSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended by— (1) striking subsection (k); (2) redesignating subsections (f) through (j) as subsections (g) through (k); and (3) striking subsection (e) and inserting the following: (e) Law enforcement technology program \nGrants made under subsection (a) may be used to assist police departments, in employing professional, scientific, and technological advancements that will help them— (1) improve police communications through the use of wireless communications, computers, software, videocams, databases and other hardware and software that allow law enforcement agencies to communicate more effectively across jurisdictional boundaries and effectuate interoperability; (2) develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic capabilities; (3) promote comprehensive crime analysis by utilizing new techniques and technologies, such as crime mapping, that allow law enforcement agencies to use real-time crime and arrest data and other related information—including non-criminal justice data—to improve their ability to analyze, predict, and respond pro-actively to local crime and disorder problems, as well as to engage in regional crime analysis; and (4) pay overtime to existing career law enforcement officers. (f) Community-Based prosecution program \nGrants made under subsection (a) may be used to assist State, local or tribal prosecutors’ offices in the implementation of community-based prosecution programs that build on local community policing efforts. Funds made available under this subsection may be used to— (1) hire additional prosecutors who will be assigned to community prosecution programs, including programs that assign prosecutors to handle cases from specific geographic areas, to address specific violent crime and other local crime problems (including intensive illegal gang, gun and drug enforcement projects and quality of life initiatives), and to address localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others; (2) redeploy existing prosecutors to community prosecution programs as described in paragraph (1) of this section by hiring victim and witness coordinators, paralegals, community outreach, and other such personnel; (3) establish programs to assist local prosecutors’ offices in the implementation of programs that help them identify and respond to priority crime problems in a community with specifically tailored solutions; and (4) pay overtime to existing career law enforcement officers. At least 75 percent of the funds made available under this subsection shall be reserved for grants under paragraphs (1) and (2) and of those amounts no more than 10 percent may be used for grants under paragraph (2) and at least 25 percent of the funds shall be reserved for grants under paragraphs (1) and (2) to units of local government with a population of less than 50,000.. (f) Retention grants \nSection 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–2 ) is amended by inserting at the end the following: (d) Retention grants \nThe Attorney General may use no more than 50 percent of the funds under subsection (a) to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for police officers funded under subsection (b)(1).. (g) Definitions \n(1) Career law enforcement officer \nSection 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 ) is amended by inserting after criminal laws the following: , including a sheriff’s deputy charged with supervising offenders who are released into the community but also engaged in local community policing efforts. (2) School resource officer \nSection 1709(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 ) is amended— (A) by striking subparagraph (A) and inserting the following: (A) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, to address and document crime and disorder problems including gangs and drug activities, firearms and explosives-related incidents, and the illegal use and possession of alcohol affecting or occurring in or around an elementary or secondary school; ; (B) by striking subparagraph (E) and inserting the following: (E) to train students in conflict resolution, restorative justice, and crime awareness, and to provide assistance to and coordinate with other officers, mental health professionals, and youth counselors who are responsible for the implementation of prevention/intervention programs within the schools; ; (C) in subparagraph (F) by striking and at the end; (D) in subparagraph (G) by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (H) to work with school administrators, members of the local parent teacher associations, community organizers, law enforcement, fire departments, and emergency medical personnel in the creation, review, and implementation of a school violence prevention plan; (I) to assist in documenting the full description of all firearms found or taken into custody on school property and to initiate a firearms trace and ballistics examination for each firearm with the local office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (J) to document the full description of all explosives or explosive devices found or taken into custody on school property and report to the local office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and (K) to assist school administrators with the preparation of the Department of Education, Annual Report on State Implementation of the Gun-Free Schools Act which tracks the number of students expelled per year for bringing a weapon, firearm, or explosive to school.. (h) Authorization of appropriations \nSection 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(11) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) There are authorized to be appropriated to carry out part Q, to remain available until expended— (i) $1,150,000,000 for fiscal year 2005; (ii) $1,150,000,000 for fiscal year 2006; (iii) $1,150,000,000 for fiscal year 2007; (iv) $1,150,000,000 for fiscal year 2008; (v) $1,150,000,000 for fiscal year 2009; and (vi) $1,150,000,000 for fiscal year 2010. ; and (2) in subparagraph (B)— (A) by striking 3 percent and inserting 5 percent ; (B) by striking 1701(f) and inserting 1701(g) ; (C) by striking the second sentence and inserting Of the remaining funds, if there is a demand for 50 percent of appropriated hiring funds, as determined by eligible hiring applications from law enforcement agencies having jurisdiction over areas with populations exceeding 150,000, no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations less than 150,000 or by public and private entities that serve areas with populations less than 150,000. ; (D) by striking 85 percent and inserting $600,000,000 ; and (E) by striking 1701(b), and all that follows through of part Q and inserting the following: 1701 (b) and (c), $350,000,000 to grants for the purposes specified in section 1701(e), and $200,000,000 to grants for the purposes specified in section 1701(f).", "id": "H518EC9E1355A488D96C8D3A7098CAECA", "header": "Providing reliable officers, technology, education, community prosecutors, and training in our neighborhood initiative" } ]

[ { "text": "1. Amendment \nSection 412(8) of the Energy Conservation and Production Act ( 42 U.S.C. 6862(8) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, and the United States Virgin Islands.", "id": "H350886656FAC4EF7897434DDF5454C28", "header": "Amendment" } ]