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[ { "text": "1. Short title \nThis Act may be cited as the Belated Thank You to the Merchant Mariners of World War II Act of 2004.", "id": "H4330877DDD38473086939B0060756EA7", "header": "Short title" }, { "text": "2. Benefits for World War II merchant mariners and survivors \n(a) Monthly benefit \nChapter 112 of title 46, United States Code, is amended— (1) by inserting after the table of sections the following new subchapter heading: I Veterans’ burial and cemetery benefits \n; and (2) by adding at the end the following new subchapter: II Monthly benefit \n11205. Monthly benefit \n(a) Payment to eligible persons \nThe Secretary of Veterans Affairs shall pay to each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. (b) Surviving spouses of eligible persons \n(1) Payment to surviving spouses \nThe Secretary of Veterans Affairs shall pay to the surviving spouse of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. (2) Exclusion \nNo benefit under this subsection shall be paid to a surviving spouse of a person eligible for benefits under section 11206 of this title unless such surviving spouse was married to such eligible person for no less than 1 year. (c) Children of eligible persons \nIf there is no surviving spouse entitled to benefits under this section, the Secretary of Veterans Affairs shall pay to the children of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000, equally divided. (d) Exemption from taxation \nPayments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38. 11206. Eligibility for benefit \n(a) Eligible persons \nA person referred to in subsection (b) who has performed qualified service as specified under subsection (c) shall be eligible for benefits under section 11205(a) of this title. (b) Covered persons \nSubsection (a) applies to a person who receives an honorable service certificate under section 11207 of this title. (c) Qualified Service \nA person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946— (1) the person— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— (i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); (ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; (iii) under contract or charter to, or property of, the Government of the United States; and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service; or (2) while performing service under paragraph (1), the person was forcibly detained or interned by an enemy government or hostile force as a result of action against a vessel under paragraph (1)(A). 11207. Documentation of qualified service \n(a) Application for service certificate \nA person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense. (b) Issuance of service certificate \nThe Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the person engaged in qualified service under section 11206(c) of this title. (c) Timing of documentation \nA Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. (d) Standards relating to service \nIn making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 ( 38 U.S.C. 106 note). 11208. Definitions \nIn this subchapter, the terms surviving spouse and child have the meanings given those terms in paragraphs (3) and (4), respectively, of section 101 of title 38, except that in applying those meanings in this subchapter, the term veteran shall include a person who performed qualified service as specified in section 11206(c) of this title.. (b) Conforming amendments \nSubsection (c) of section 11201 of title 46, United States Code, is amended— (1) in paragraph (1), by striking chapter and inserting subchapter ; and (2) in paragraph (2), by striking chapter the second place it appears and inserting subchapter. (c) Clerical amendments \nThe table of sections at the beginning of chapter 112 of title 46, United States Code, is amended— (1) by inserting at the beginning the following new item: Subchapter I—Veterans’ burial and cemetery benefits ; and (2) by adding at the end the following new items: Subchapter II—Monthly benefit 11205. Monthly benefit 11206. Eligibility for benefit 11207. Documentation of qualified service 11208. Definitions. (d) Effective date \nSection 11205 of title 46, United States Code, as added by subsection (a) of this section, shall take effect with respect to payments for periods beginning on or after the date of the enactment of this Act, regardless of the date of application for benefits.", "id": "HFAF64BABCB204926826D5B69E4093194", "header": "Benefits for World War II merchant mariners and survivors" }, { "text": "11205. Monthly benefit \n(a) Payment to eligible persons \nThe Secretary of Veterans Affairs shall pay to each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. (b) Surviving spouses of eligible persons \n(1) Payment to surviving spouses \nThe Secretary of Veterans Affairs shall pay to the surviving spouse of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. (2) Exclusion \nNo benefit under this subsection shall be paid to a surviving spouse of a person eligible for benefits under section 11206 of this title unless such surviving spouse was married to such eligible person for no less than 1 year. (c) Children of eligible persons \nIf there is no surviving spouse entitled to benefits under this section, the Secretary of Veterans Affairs shall pay to the children of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000, equally divided. (d) Exemption from taxation \nPayments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38.", "id": "HFF606B89BC9D450A955EB7CA283047FD", "header": "Monthly benefit" }, { "text": "11206. Eligibility for benefit \n(a) Eligible persons \nA person referred to in subsection (b) who has performed qualified service as specified under subsection (c) shall be eligible for benefits under section 11205(a) of this title. (b) Covered persons \nSubsection (a) applies to a person who receives an honorable service certificate under section 11207 of this title. (c) Qualified Service \nA person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946— (1) the person— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— (i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); (ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; (iii) under contract or charter to, or property of, the Government of the United States; and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service; or (2) while performing service under paragraph (1), the person was forcibly detained or interned by an enemy government or hostile force as a result of action against a vessel under paragraph (1)(A).", "id": "H92DC345D39974348B2616F8BD27FD3E2", "header": "Eligibility for benefit" }, { "text": "11207. Documentation of qualified service \n(a) Application for service certificate \nA person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense. (b) Issuance of service certificate \nThe Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the person engaged in qualified service under section 11206(c) of this title. (c) Timing of documentation \nA Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. (d) Standards relating to service \nIn making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 ( 38 U.S.C. 106 note).", "id": "HE87697D932BE468DA2DC7150BCC58D9F", "header": "Documentation of qualified service" }, { "text": "11208. Definitions \nIn this subchapter, the terms surviving spouse and child have the meanings given those terms in paragraphs (3) and (4), respectively, of section 101 of title 38, except that in applying those meanings in this subchapter, the term veteran shall include a person who performed qualified service as specified in section 11206(c) of this title.", "id": "HE02715DBB92E4E168EC00E592A3FDFF", "header": "Definitions" }, { "text": "3. Authorization of appropriation \nThere is authorized to be appropriated to the Department of Veterans Affairs such sums as are necessary to carry out this Act.", "id": "HE74985616C2544BC9B73EEC9738FA98E", "header": "Authorization of appropriation" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Vocational and Technical Education for the Future Act.", "id": "H33AE0E99500C4C28ACBD00CB333C014F", "header": "Short Title" }, { "text": "2. References \nWherever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2301 et seq. )", "id": "H7463C408E1A04853969D04D24E978D98", "header": "References" }, { "text": "3. Purposes and Definitions \n(a) Purposes \nSection 2(2) ( 20 U.S.C. 2301(2) ) is amended by inserting rigorous and challenging after integrate. (b) Definitions \nSection 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2302 ) is amended— (1) by redesignating paragraphs (4) through (20) as paragraphs (5) through (21) and paragraphs (21) through (30) as paragraphs (23) through (31), respectively; (2) by inserting after paragraph (3) the following: (4) Articulation agreement \nThe term articulation agreement means a written commitment to a program designed to provide students with a nonduplicative sequence of progressive achievements leading to degrees or certificates in a tech-prep education program provided by secondary schools and postsecondary educational institutions linked through credit transfer agreements. ; (3) in paragraph (5) (as so redesignated), by inserting to students (and parents, as appropriate) after providing access ; (4) in paragraph (6) (as so redesignated), by striking section 5206 and inserting section 5210 ; (5) in paragraph (7) (as so redesignated)— (A) by striking method of instruction and inserting method ; and (B) by inserting rigorous and challenging after required ; (6) in paragraph (11)(A) (as so redesignated), by striking an and inserting a public or nonprofit private ; (7) in paragraph (18) (as so redesignated)— (A) in the paragraph heading, by striking training and employment and inserting fields ; and (B) by striking training and employment and inserting fields ; (8) in paragraph (19) (as so redesignated), by striking the Commonwealth of the Northern and all that follows, and inserting and the Commonwealth of the Northern Mariana Islands. ; (9) by inserting after paragraph (21) (as so redesignated) the following: (22) Scientifically based research \nThe term scientifically based research has the meaning given that term in section 9101(37) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 780137 )). ; (10) in paragraph (25) (as so redesignated)— (A) in subparagraph (C), by striking training and employment and inserting fields ; (B) in subparagraph (E), by striking and ; (C) in subparagraph (F)— (i) by striking individuals with other barriers to educational achievement, including ; and (ii) by striking the period and inserting ; and ; and (D) by inserting after subparagraph (F) the following: (G) individuals with other barriers to educational achievement, as determined by the State.. (11) in paragraph (28) (as so redesignated), by striking section 2 and inserting section 2(a)(4) ; (12) in paragraph (29) (as so redesignated)— (A) by inserting of subsection (a) after paragraph (2) ; and (B) by striking paragraph (5)(A) of such section and inserting paragraph (5)(A) of such subsection ; and (13) by amending paragraph (30)(A) (as so redesignated) to read as follows: (A) offer a sequence of course that— (i) provides individuals with the rigorous and challenging academic and technical knowledge and skills the individuals need to prepare for further education and for careers (other than careers requiring a master’s or doctoral degree) in current or emerging employment sectors; and (ii) provides, at the postsecondary level, for a 1-year certificate, an associate degree, or industry recognized credential; and.", "id": "H17837C0D9F374272A972D8229927BA94", "header": "Purposes and Definitions" }, { "text": "4. Transition provisions \nSection 4 ( 20 U.S.C. 2303 ) is amended— (1) by striking Applied Technology and inserting Technical ; and (2) by striking the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 and inserting the Vocational and Technical Education for the Future Act.", "id": "H96B3700CA1924CA2A5A2F9865DED9F87", "header": "Transition provisions" }, { "text": "5. Authorization of Appropriations \nSection 8 ( 20 U.S.C. 2307 ) is amended by striking , and title II) such sums and all that follows and inserting ) $1,307,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2010..", "id": "HA777658D3E6F4C2A831F640086FF6B54", "header": "Authorization of Appropriations" }, { "text": "6. Prohibitions \nThe Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2301 et seq. ) is amended by adding after section 8 the following new section: 9. Prohibitions \n(a) Local Control \nNothing in this Act shall be construed to authorize an officer or employee of the Federal government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. (b) No preclusion of other assistance \nAny State that declines to submit an application to the Secretary for assistance under this Act shall not be precluded from applying for assistance under any other program administered by the Secretary. (c) Prohibition on Requiring Federal Approval or Certification of Standards \n(1) In general \nNotwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal government, in order to receive assistance under this Act. (2) Rule of Construction \nNothing in this subsection shall be construed to affect requirements under section 113..", "id": "H08E6AB97B99446C588A04BF068C8DBF1", "header": "Prohibitions" }, { "text": "9. Prohibitions \n(a) Local Control \nNothing in this Act shall be construed to authorize an officer or employee of the Federal government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. (b) No preclusion of other assistance \nAny State that declines to submit an application to the Secretary for assistance under this Act shall not be precluded from applying for assistance under any other program administered by the Secretary. (c) Prohibition on Requiring Federal Approval or Certification of Standards \n(1) In general \nNotwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal government, in order to receive assistance under this Act. (2) Rule of Construction \nNothing in this subsection shall be construed to affect requirements under section 113.", "id": "H593F921721134956A9A46EE41FF4982B", "header": "Prohibitions" }, { "text": "7. Allotment and Allocation to States \n(a) Allotment for national activities for 2005 \nSection 111(a)(C) is amended to read as follows: (C) 0.54 percent to carry out section 114(d).. (b) Technical amendments \nSection 111(a)(3) ( 20 U.S.C. 2321(a)(3) ) is amended by striking (or in the case of fiscal year 1999 and all that follows through Applied Amendments of 1998) each place it appears. (c) Within State Allocation \nSection 112 ( 20 U.S.C. 2322 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking 85 percent and inserting 88 percent both places it appears; (ii) by striking 10 percent and inserting 18.3 percent ; and (iii) by inserting , except as specified in subsection (d) before the period; and (B) in paragraph (3), by striking 5 percent and inserting 2 percent ; (2) in subsection (c)(1), by amending subparagraph (D) to read as follows: (D) situations in which eligible recipients desire additional funding to carry out effectively the activity described in section 135(b)(3). ; and (3) by amending paragraph (2) of subsection (c) to read as follows:. (2) Special rule \nEach eligible agency shall distribute grant funds described in paragraph (1) to eligible recipients for activities described in subparagraph (D) of such paragraph in an amount at least equal to the amount allotted to the eligible agency for fiscal year 2004 under section 203 of this Act as such section was in effect on the day before the date of enactment of the Vocational and Technical Education for the Future Act..", "id": "H449BCCC0D5E24FBCBC4E94F127C5B1FF", "header": "Allotment and Allocation to States" }, { "text": "8. Accountability \n(a) Purpose \nSection 113(a) ( 20 U.S.C. 2323(a) ) is amended— (1) by striking establish a State and inserting support a State and local ; and (2) by inserting and its eligible recipients after effectiveness of the State. (b) State performance measures \nSection 113(b) ( 20 U.S.C. 2323(b) ) is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (B) in subparagraph (A)— (i) in the subparagraph heading, by inserting for secondary students after performance ; (ii) by inserting of secondary students that are, to the extent practicable, valid and reliable and after indicators of performance ; (iii) in clause (i)— (I) by striking State established academic, and inserting academic content and achievement standards, as established by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ), ; and (II) by inserting , including secondary school student attainment of postsecondary credits ; (iv) in clause (ii)— (I) by striking or its recognized equivalent and inserting or the General Equivalency Diploma (GED) (including recognized alternative standards for individuals with disabilities), ; and (II) by striking , or a postsecondary degree or credential ; (v) in clause (iii), by striking Placement and inserting Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) ), placement ; and (vi) by striking clause (iv); (C) by inserting after subparagraph (A) the following: (B) Core indicators of performance for postsecondary students \nEach eligible agency shall identify in the State plan core indicators of performance of postsecondary students that include, at a minimum, measures of each of the following: (i) Student attainment of challenging academic and vocational and technical skill proficiencies. (ii) Student attainment of a postsecondary degree or credential. (iii) Placement in, retention in, and completion of, postsecondary education or advanced training, placement in military service, or placement or retention in employment. (iv) Student participation in and completion of vocational and technical education programs in nontraditional fields. ; and (D) in subparagraph (D) (as so redesignated) by inserting vocational and technical education after has developed State ; and (2) in paragraph (3)— (A) by amending the paragraph heading to read as follows: (3) State levels of performance \n; (B) in subparagraph (A)(i)— (i) by striking paragraph (2)(A) and inserting paragraphs (2)(A) and (B) ; and (ii) in subclause (II), by striking to continually and all that follows through performance , and inserting to make continuous and substantial improvement in the academic and vocational and technical achievement ; (C) in subparagraph (A)(v)— (i) in the clause heading by striking and 5th and inserting 5th, and 6th ; and (ii) by striking and fifth and inserting, fifth, and sixth ; (D) in subparagraph (A)(vi)(II), by inserting and substantial after continuous ; and (E) in subparagraph (A)(vii), by striking under clause (iii) or (iv) and inserting under clause (iii) or (v). (c) Local levels of performance \nSection 113(b) is further amended by adding at the end the following: (4) Local levels of performance \n(A) Local adjusted levels of performance for core indicators of performance \n(i) In general \nEach eligible recipient shall establish in the local plan submitted under section 134, levels of performance for each of the core indicators of performance described in paragraphs (2)(A) and (B) for vocational and technical education activities authorized under this title. The levels of performance established under this subparagraph shall, at a minimum— (I) be expressed in a percentage or numerical form, so as to be objective, quantifiable, and measurable; and (II) require the eligible recipient to make continuous and substantial improvement in the academic and vocational and technical achievement of vocational and technical education students. (ii) Identification in the local plan \nEach eligible recipient shall identify, in the local plan submitted under section 134, levels of performance for each of the core indicators of performance for the first 2 program years covered by the local plan. (iii) Agreement on local adjusted levels of performance for the first 2 years \nThe eligible agency and each eligible recipient shall reach agreement on the levels of performance for each of the core indicators of performance, for the first 2 program years covered by the local plan, taking into account the levels identified in the local plan under clause (ii) and the factors described in clause (v). The levels of performance agreed to under this clause shall be considered to be the local adjusted level of performance for the eligible recipient for such years and shall be incorporated into the local plan prior to the approval of such plan. (iv) Agreement on local adjusted levels of performance for 3rd, 4th, 5th, and 6th years \nPrior to the third program year covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the third, fourth, fifth, and sixth program years covered by the local plan, taking into account the factors described in clause (v). The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan. (v) Factors \nThe agreement described in clause (iii) or (iv) shall take into account— (I) how the levels of performance involved compare with the local adjusted levels of performance established for other eligible recipients taking into account factors including the characteristics of participants when the participants entered the program and the services or instruction to be provided; and (II) the extent to which such levels of performance promote continuous improvement on the indicators of performance by such eligible recipient. (vi) Revisions \nIf unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v)(II), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised. The eligible agency shall issue objective criteria and methods for making such revisions. (B) Levels of performance for additional indicators \nEach eligible recipient may identify in the local plan, local levels of performance for any additional indicators of performance. Such levels shall be considered to be the local levels of performance for purposes of this title. (C) Report \nEach eligible recipient shall publicly report, on an annual basis, its progress in achieving its levels of performance on the core indicators of performance..", "id": "HF2FF0C993FD344A1832DE8AE567F981F", "header": "Accountability" }, { "text": "9. National Activities \n(a) Program performance information \nSection 114(a)(3) ( 20 U.S.C. 2324(a)(3) ) is amended by inserting in the aggregate after international comparisons. (b) Evaluation and assessment \nSection 114(c) ( 20 U.S.C. 2324(c) ) is amended— (1) by amending paragraph (2) to read as follows: (2) Independent advisory panel \nThe Secretary shall appoint an independent advisory panel, consisting of academic and vocational and technical education educators, administrators, experts in evaluation, research, and assessment, representatives of labor organizations, businesses, parents, guidance and counseling professionals, and other individuals with relevant expertise, to advise the Secretary on the implementation of the assessment described in paragraph (3), including the issues to be addressed and the methodology of the studies involved to ensure the assessment adheres to the highest standards of quality. The advisory panel shall transmit to the Secretary and to Congress an independent analysis of the findings and recommendations resulting from such assessment. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel established under this subsection.. (2) in paragraph (3)— (A) in subparagraph (B)— (i) by inserting but shall not be limited to after paragraph (1) shall include ; (ii) by striking clauses (i), (ii), (iv), (vi) and (vii) and redesignating clauses (iii) and (v) as clauses (i) and (ii), and clause (viii) as clause (iii), respectively; (iii) in clause (i) (as so redesignated), by striking , and academic, curricula in vocational and technical education programs, and inserting education ; and (iv) in clause (ii) (as so redesignated)— (I) by striking and employment outcomes and all that follows through including analyses of and inserting and vocational and technical education achievement and employment outcomes of vocational and technical education students, including analyses of ; (II) in subclause (I), by striking and tech-prep students ; (III) in subclause (II), by inserting rigorous and challenging after integration of ; and (IV) in subclause (III), by inserting particularly those in which math and science skills are critical, after high-skill careers ; and (C) in subparagraph (C)— (i) by striking Committees on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Congress ; (ii) in clause (i), by striking 2002 and inserting 2008 both places it appears; (3) in paragraph (5)(A)— (A) by striking to carry out research each place it appears, and inserting to carry out scientifically based research ; (B) in clause (i), by inserting scientifically based after programs, including ; (C) in clause (ii), by inserting that are integrated with rigorous and challenging academic education after implementation of vocational and technical education programs ; and (D) in clause (iii)(I), by inserting and the integration of those systems with the academic education system after technical education systems ; (4) in paragraph (6)— (A) by striking: (6) Demonstration and dissemination \n(A) Demonstration Program \nThe , and inserting: (6) Demonstration Program \nThe ; and (B) by striking subparagraph (B); and (5) in paragraph (8), by striking this section and all that follows and inserting subsections (a), (b), and (c) of this section, such sums as may be necessary for each of fiscal years 2005 through 2010. (c) Incentive grants for eligible agencies \nSection 114 is further amended by adding at the end the following new subsection: (d) Incentive grants for eligible agencies \n(1) In general \nFrom funds reserved under section 111(a)(1)(C), the Secretary may award grants to eligible agencies for exemplary performance in carrying out programs under this Act. Such awards shall be based on an eligible agency exceeding challenging performance measures established under section 113(b) that reflect sustained or significant improvement. (2) Special consideration \nIn awarding these grants, the Secretary may consider— (A) an eligible agency effectively developing connections between secondary education and postsecondary education and training; and (B) an agency’s adoption and integration of rigorous and challenging academic and technical coursework. (3) Use of funds \nThe funds awarded to an eligible agency under this subsection may be used to carry out any activities authorized under section 124, including demonstrations of innovative programs..", "id": "HF4C868C64C924DCD8100DACB157E4BE5", "header": "National Activities" }, { "text": "10. Outlying Areas, Native American Programs, and Tribally Controlled Institutions \n(a) Assistance for the outlying areas \nSection 115 ( 20 U.S.C. 2325 ) is amended by striking subsections (b), (c), and (d). (b) Native American Program \nSection 116 ( 20 U.S.C. 2326 ) is amended— (1) in subsection (a), by inserting a period at the end of paragraph (5); (2) in subsection (b)— (A) in paragraph (1), by striking subsection (d) and inserting subsection (c) ; (B) in paragraph (2), by striking (other than in subsection (i)) ; and (C) by amending paragraph (5) to read as follows: (5) Regulations \nIf the Secretary promulgates any regulations applicable to subsection (b)(2), the Secretary shall confer with, and allow participation by, representatives of Indian tribes, tribal organizations, and individual tribal members. ; and (3) in subsection (c)(2)(A), by inserting postsecondary after enrolled in. (c) Needs estimate for tribally controlled institutions \nSection 117 ( 20 U.S.C. 2327 ) is amended— (1) by striking subsection (g) and redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (2) in subsection (h) (as redesignated)— (A) by striking 1999 and inserting 2005 ; and (B) by striking 4 succeeding fiscal years and inserting 5 succeeding fiscal years. (d) Occupational and employment information \nSection 118 ( 20 U.S.C. 2328 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking individuals and all that follows and inserting students (and parents, as appropriate) regarding postsecondary education and training and preparation for high wage, high skill occupations; ; (B) in paragraph (2), by inserting academic and vocational and technical after resources that relate ; (C) in paragraph (3), (i) by striking knowledge and skills and inserting knowledge, skills, and occupational information ; and (ii) by striking the period at the end and inserting a semicolon; and (D) in paragraph (4), by inserting postsecondary after career-related ; and (2) in subsection (f), by striking 1999 through 2003 and inserting 2005 through 2010.", "id": "H036F24B46BEF40ED82CE4853F5975946", "header": "Outlying Areas, Native American Programs, and Tribally Controlled Institutions" }, { "text": "11. State Administration \nSection 121 ( 20 U.S.C. 2341 ) is amended to read as follows: 121. State Administration \n(a) Eligible Agency Responsibilities \nThe responsibilities of an eligible agency under this title shall include— (1) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this title, including preparation for nontraditional fields; (2) consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, representatives of businesses, labor organizations, eligible recipients, State and local officials, and local program administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this title; (3) convening and meeting as an eligible agency (consistent with State law and procedure for the conduct of such meetings) at such time as the eligible agency determines necessary to carry out the eligible agency’s responsibilities under this title, but not less than four times annually; and (4) the adoption of such procedures as the eligible agency considers necessary to— (A) implement State level coordination with the activities undertaken by the State boards under section 111 of Public Law 105–220 ; and (B) make available to the service delivery system under section 121 of Public Law 105–220 within the State a listing of all school dropout, postsecondary, and adult programs assisted under this title. (b) Exception \nExcept with respect to the responsibilities set forth in subsection (a), the eligible agency may delegate any of the other responsibilities of the eligible agency that involve the administration, operation, supervision of activities assisted under this title, in whole or in part, to one or more appropriate State agencies..", "id": "HAE5D62E4CA024CF48FB2003D3421BF38", "header": "State Administration" }, { "text": "121. State Administration \n(a) Eligible Agency Responsibilities \nThe responsibilities of an eligible agency under this title shall include— (1) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this title, including preparation for nontraditional fields; (2) consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, representatives of businesses, labor organizations, eligible recipients, State and local officials, and local program administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this title; (3) convening and meeting as an eligible agency (consistent with State law and procedure for the conduct of such meetings) at such time as the eligible agency determines necessary to carry out the eligible agency’s responsibilities under this title, but not less than four times annually; and (4) the adoption of such procedures as the eligible agency considers necessary to— (A) implement State level coordination with the activities undertaken by the State boards under section 111 of Public Law 105–220 ; and (B) make available to the service delivery system under section 121 of Public Law 105–220 within the State a listing of all school dropout, postsecondary, and adult programs assisted under this title. (b) Exception \nExcept with respect to the responsibilities set forth in subsection (a), the eligible agency may delegate any of the other responsibilities of the eligible agency that involve the administration, operation, supervision of activities assisted under this title, in whole or in part, to one or more appropriate State agencies.", "id": "HFE639497E91541F4009B6912878D1288", "header": "State Administration" }, { "text": "12. State Plan \nSection 122 ( 20 U.S.C. 2342 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking 5-year period and inserting 6-year period ; (B) in paragraph (2)(B), by striking 5 year State plan and inserting 6-year period ; and (C) in paragraph (3), by striking (including employers, labor organizations, and parents) and inserting (including charter school authorizers and organizers, employers, labor organizations, parents, students, and community organizations) ; (2) in subsection (b)(1), by striking teachers, eligible recipients, parents, students, interested community members and inserting academic and vocational and technical education teachers, eligible recipients, charter school authorizers and organizers, parents, students, interested community members (including parent and community organizations) ; (3) in subsection (c)— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively, and inserting before such subparagraphs (as so redesignated) the following: (A) the development of model sequences of courses for vocational and technical content areas that— (i) incorporate both secondary and postsecondary education elements; (ii) include rigorous and challenging academic content and vocational and technical content in a coordinated, nonduplicative progression of courses; (iii) lead to a postsecondary 1-year certificate, associate’s or baccalaureate degree, or a proficiency credential in conjunction with a secondary school diploma; and (iv) may be adopted by local educational agencies and postsecondary institutions to be offered as an option to students (and their parents as appropriate), when choosing future coursework. ; (ii) in subparagraph (B) (as so redesignated), by inserting and how the eligible agency will distribute information identifying eligible recipients that offer elements of the model sequences of courses before the semicolon; (iii) by amending subparagraph (C) (as so redesignated) to read as follows: (C) the criteria that will be used by the eligible agency to evaluate and approve eligible recipients for funds under this title, including criteria to assess the extent to which the local plan will promote— (i) levels of high academic achievement; and (ii) levels of high technical skill attainment; ; (iv) in subparagraph (D) (as so redesignated)— (I) by inserting , both academically and technically, after students ; and (II) by striking ; and and inserting , and how participating students will be made aware of such opportunities; ; (v) in subparagraph (E) (as so redesignated), by striking the period and inserting aligned with challenging and rigorous academic content; ; and (vi) by inserting after subparagraph (E) (as so redesignated) the following: (F) the process by which the eligible agency will ensure that all vocational and technical education programs carried out under this Act include either the secondary or postsecondary elements of the model sequences of courses identified by the eligible agency, with an emphasis on challenging academic and technical content and, through a progression of courses, leads to a postsecondary 1-year certificate, associate’s or baccalaureate degree, or a proficiency credential in conjunction with a secondary school diploma; (G) the role that any Tech-Prep consortia (established under title II of this Act before its repeal by section 18 of the Vocational and Technical Education for the Future Act and supported by the eligible agency under this Act) will play in assisting local educational agencies and postsecondary educational institutions in establishing agreements and plans for offering model sequences of courses to students at both the secondary and postsecondary levels; and (H) how funds will be used effectively to link secondary and postsecondary academic and vocational and technical education in a manner that increases student academic and vocational and technical achievement. ; (B) by amending paragraph (2) to read as follows: (2) describes how comprehensive professional development (including initial teacher preparation) for vocational and technical, academic, guidance, and administrative personnel will be provided, especially professional development that— (A) promotes the integration of rigorous and challenging academic and vocational and technical education curriculum development; and (B) increases the academic and vocational and technical knowledge of vocational and technical education teachers. ; (C) in paragraph (3), by inserting academic and technical after parents, ; (D) in paragraph (5)(A)— (i) by inserting (especially as pertaining to math, science, and technology) after academic and technical skills ; and (ii) by striking core academic, and vocational and technical, subjects and inserting core academic subjects (as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) )), and vocational and technical subjects ; and (E) by striking paragraph (19) and redesignating paragraphs (20) and (21) as paragraphs (19) and (20), respectively; and (4) by striking subsections (d) and (f) and redesignating subsection (e) as subsection (d).", "id": "HE75A655EC8D04F5D88F434BB023B8652", "header": "State Plan" }, { "text": "13. Improvement plans \nSection 123 ( 20 U.S.C. 2343 ) is amended to read as follows: 123. Improvement Plans \n(a) State Program Improvement \n(1) Plan \nIf a State fails to meet the State adjusted levels of performance described in the report submitted under section 113(c), the eligible agency shall develop and implement a program improvement plan in consultation with the appropriate agencies, individuals, and organizations for the first program year succeeding the program year in which the eligible agency failed to meet the State adjusted levels of performance, in order to avoid a sanction under paragraph (3). (2) Technical Assistance \nIf the Secretary determines that an eligible agency is not properly implementing the eligible agency’s responsibilities under section 122, or is not making substantial progress in meeting the purpose of this Act, based on the State’s adjusted levels of performance, the Secretary shall work with the eligible agency to implement improvement activities consistent with the requirements of this Act. (3) Failure \n(A) In general \nIf an eligible agency fails to meet the State adjusted levels of performance, has not implemented an improvement plan as described in paragraph (1), has shown no improvement within 1 year after implementing an improvement plan as described in paragraph (1), or has failed to meet the State adjusted levels of performance for 2 or more consecutive years, the Secretary may, after notice and opportunity for a hearing, withhold from the eligible agency all, or a portion of, the eligible agency’s allotment under this title. (B) Waiver for exceptional circumstances \nThe Secretary may waive the sanction in subparagraph (A) due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (4) Funds Resulting from Reduced Allotments \n(A) In general \nThe Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency, to provide (through alternative arrangements) services and activities within the State to meet the purposes of this Act. (B) Redistribution \nIf the Secretary cannot satisfactorily use funds withheld under paragraph (3), then the amount of funds retained by the Secretary as a result of a reduction in an allotment made under paragraph (3) shall be redistributed to other eligible agencies in accordance with section 111. (b) Local Program Improvement \n(1) Local Evaluation \nEach eligible agency shall evaluate annually, using the local adjusted levels of performance described in section 113(b)(4), the vocational and technical education activities of each eligible recipient receiving funds under this title. (2) Plan \n(A) In general \nIf, after reviewing the evaluation, the eligible agency determines that an eligible recipient is not making substantial progress in achieving the local adjusted levels of performance, the eligible agency shall— (i) conduct an assessment of the educational needs that the eligible recipient shall address to overcome local performance deficiencies; (ii) enter into an improvement plan agreement with an eligible recipient based on the results of the assessment, for the first program year succeeding the program year in which the eligible recipient failed to meet the local adjusted levels of performance, which plan shall demonstrate how the local performance deficiencies will be corrected and include instructional and other programmatic innovations of demonstrated effectiveness, and where necessary, strategies for appropriate staffing and professional development; and (iii) conduct regular evaluations of the progress being made toward reaching the local adjusted levels of performance as described in section 113(b)(4) and progress on the improvement plan itself. (B) Consultation \nThe eligible agency shall conduct the activities described in paragraph (2) in consultation with teachers, parents, other school staff, appropriate agencies, and other appropriate individuals and organizations. (3) Technical Assistance \nIf the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under section 134, or is not making substantial progress in meeting the purpose of this Act, based on the local adjusted levels of performance, the eligible agency shall provide technical assistance to the eligible recipient to assist such recipient in carrying out the improvement activities consistent with the requirements of this Act. (4) Failure \n(A) In general \nIf an eligible recipient fails to meet the local adjusted levels of performance as described in section 113(b)(4), has not implemented an improvement plan as described in paragraph (2), has shown no improvement within 1 year after implementing an improvement plan as described in paragraph (2), or has failed to meet the local adjusted levels of performance for 2 or more consecutive years, the eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion of, the eligible recipient’s allotment under this title. (B) Waiver for exceptional circumstances \nThe eligible agency may waive the sanction under this paragraph due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (5) Funds resulting from reduced allotments \nThe eligible agency shall use funds withheld under paragraph (4) to provide (through alternative arrangements) services and activities to students within the area served by such recipient to meet the purpose of this Act..", "id": "H0B43D7654E874287ABF597E183455B00", "header": "Improvement plans" }, { "text": "123. Improvement Plans \n(a) State Program Improvement \n(1) Plan \nIf a State fails to meet the State adjusted levels of performance described in the report submitted under section 113(c), the eligible agency shall develop and implement a program improvement plan in consultation with the appropriate agencies, individuals, and organizations for the first program year succeeding the program year in which the eligible agency failed to meet the State adjusted levels of performance, in order to avoid a sanction under paragraph (3). (2) Technical Assistance \nIf the Secretary determines that an eligible agency is not properly implementing the eligible agency’s responsibilities under section 122, or is not making substantial progress in meeting the purpose of this Act, based on the State’s adjusted levels of performance, the Secretary shall work with the eligible agency to implement improvement activities consistent with the requirements of this Act. (3) Failure \n(A) In general \nIf an eligible agency fails to meet the State adjusted levels of performance, has not implemented an improvement plan as described in paragraph (1), has shown no improvement within 1 year after implementing an improvement plan as described in paragraph (1), or has failed to meet the State adjusted levels of performance for 2 or more consecutive years, the Secretary may, after notice and opportunity for a hearing, withhold from the eligible agency all, or a portion of, the eligible agency’s allotment under this title. (B) Waiver for exceptional circumstances \nThe Secretary may waive the sanction in subparagraph (A) due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (4) Funds Resulting from Reduced Allotments \n(A) In general \nThe Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency, to provide (through alternative arrangements) services and activities within the State to meet the purposes of this Act. (B) Redistribution \nIf the Secretary cannot satisfactorily use funds withheld under paragraph (3), then the amount of funds retained by the Secretary as a result of a reduction in an allotment made under paragraph (3) shall be redistributed to other eligible agencies in accordance with section 111. (b) Local Program Improvement \n(1) Local Evaluation \nEach eligible agency shall evaluate annually, using the local adjusted levels of performance described in section 113(b)(4), the vocational and technical education activities of each eligible recipient receiving funds under this title. (2) Plan \n(A) In general \nIf, after reviewing the evaluation, the eligible agency determines that an eligible recipient is not making substantial progress in achieving the local adjusted levels of performance, the eligible agency shall— (i) conduct an assessment of the educational needs that the eligible recipient shall address to overcome local performance deficiencies; (ii) enter into an improvement plan agreement with an eligible recipient based on the results of the assessment, for the first program year succeeding the program year in which the eligible recipient failed to meet the local adjusted levels of performance, which plan shall demonstrate how the local performance deficiencies will be corrected and include instructional and other programmatic innovations of demonstrated effectiveness, and where necessary, strategies for appropriate staffing and professional development; and (iii) conduct regular evaluations of the progress being made toward reaching the local adjusted levels of performance as described in section 113(b)(4) and progress on the improvement plan itself. (B) Consultation \nThe eligible agency shall conduct the activities described in paragraph (2) in consultation with teachers, parents, other school staff, appropriate agencies, and other appropriate individuals and organizations. (3) Technical Assistance \nIf the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under section 134, or is not making substantial progress in meeting the purpose of this Act, based on the local adjusted levels of performance, the eligible agency shall provide technical assistance to the eligible recipient to assist such recipient in carrying out the improvement activities consistent with the requirements of this Act. (4) Failure \n(A) In general \nIf an eligible recipient fails to meet the local adjusted levels of performance as described in section 113(b)(4), has not implemented an improvement plan as described in paragraph (2), has shown no improvement within 1 year after implementing an improvement plan as described in paragraph (2), or has failed to meet the local adjusted levels of performance for 2 or more consecutive years, the eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion of, the eligible recipient’s allotment under this title. (B) Waiver for exceptional circumstances \nThe eligible agency may waive the sanction under this paragraph due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (5) Funds resulting from reduced allotments \nThe eligible agency shall use funds withheld under paragraph (4) to provide (through alternative arrangements) services and activities to students within the area served by such recipient to meet the purpose of this Act.", "id": "HA98CF1B228A94EFAB485B6CD18529914", "header": "Improvement Plans" }, { "text": "14. State Leadership Activities \nSection 124 ( 20 U.S.C. 2344 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking learning and inserting education ; (B) in paragraph (2)— (i) by inserting , and the required math and science education, after use of technology in vocational and technical education ; and (ii) in subparagraph (B)— (I) by inserting (including the math and science knowledge that provides a strong basis for such skills) after technical skills ; and (II) by striking and telecommunications field and inserting fields ; (C) in paragraph (3)— (i) by inserting at the secondary and postsecondary levels after academic, guidance, and administrative personnel ; (ii) by redesignating subparagraphs (A) through (D) as subparagraphs (C) through (F), respectively, and inserting before such subparagraphs (as so redesignated) the following: (A) will provide inservice and preservice training for vocational and technical education teachers in the integration and use of rigorous and challenging academics with vocational and technical subjects; (B) are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom, and are not 1 day or short-term workshops or conferences; ; (iii) in subparagraph (C) (as so redesignated)— (I) by inserting scientifically based after based on ; and (II) by striking ; and and inserting a semicolon; (iv) in subparagraph (D) (as so redesignated), by striking assist students in meeting and inserting improve student achievement in order to meet ; and (v) by amending subparagraph (E) (as so redesignated) to read as follows: (E) will support education programs for teachers of vocational and technical education in public schools and other public school personnel who are involved in the direct delivery of educational services to vocational and technical education students to ensure that teachers and personnel— (i) stay current with the needs, expectations, and methods of industry; (ii) meet teacher certification or licensing requirements, especially in core academic subjects as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) ); (iii) can effectively develop integrated rigorous and challenging academic and vocational and technical education curriculum; and (iv) develop a high level of academic and industry knowledge and skills of vocational and technical education. ; (D) in paragraph (4), by striking integration of academics and all that follows through core academic, and inserting provision of rigorous and challenging academics that are integrated with vocational and technical education to ensure achievement in the core academic subjects (as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) )), ; (E) in paragraph (6), by inserting and complete a sequence of courses, as described in section 122(c)(1)(A) after technical skills ; (F) in paragraph (7), by striking ; and and inserting a semicolon; (G) in paragraph (8), by striking the period and inserting ; and ; and (H) by inserting after paragraph (8) the following: (9) technical assistance for eligible recipients ; and (2) in subsection (c)— (A) by striking paragraph (1), and redesignating paragraphs (2) through (10) as paragraphs (1) through (9), respectively; (B) in paragraph (9) (as so redesignated), by inserting that prepare individuals academically and technically for current and emerging occupations in demand after education courses ; and (C) by inserting after paragraph (9) (as so redesignated) the following: (10) awarding incentive grants to eligible recipients for exemplary performance in carrying out programs under this Act, which awards shall be based on— (A) eligible recipients exceeding challenging performance measures established under section 113(b) that reflect sustained or significant improvement; (B) eligible recipients effectively developing connections between secondary education and postsecondary education and training; (C) the adoption and integration of rigorous academic and technical coursework and other such factors relating to the performance of the eligible recipient under this Act as the eligible agency determines are appropriate; or (D) other factors relating to the performance of the eligible recipient under this Act as the eligible agency determines are appropriate..", "id": "H88D531F615EB41529218AC01F6A25DEC", "header": "State Leadership Activities" }, { "text": "15. Distribution of funds to secondary school programs \nSection 131 ( 20 U.S.C. 2351 ) is amended— (1) by striking subsection (a) and redesignating subsections (b) through (i) as subsections (a) through (h), respectively; and (2) in subsection (a) (as so redesignated)— (A) in the subsection heading, by striking Special and for Succeeding Fiscal Years ; and (B) by striking for fiscal year 2000 and succeeding fiscal years ; and (3) in subsection (b)— (A) by striking subsection (b) and inserting subsection (a) ; and (B) by striking ( 42 U.S.C. 9902(2) ) and inserting ( 42 U.S.C. 9902(2) )).", "id": "HC2D910319A984F51B5ED905100E14557", "header": "Distribution of funds to secondary school programs" }, { "text": "16. Local plan for vocational and technical education programs \nSection 134(b) ( 20 U.S.C. 2354(b) ) is amended— (1) in paragraph (2), by inserting and local after State ; (2) in paragraph (3)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively, and inserting before such subparagraphs the following: (A) offer the appropriate courses of at least one of the model curricula described in section 124(c)(1), as appropriate to the eligible recipient responsible for that element of the sequence; ; (B) in subparagraph (B) (as so redesignated)— (i) by inserting rigorous and challenging after integration of ; and (ii) by inserting subjects (as defined by section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) )) after core academic ; and (C) in subparagraph (D) (as so redesignated), by inserting rigorous and after taught to the same ; (3) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively, and inserting after paragraph (3) the following: (4) describe how comprehensive professional development (including initial teacher preparation) for vocational and technical, academic, guidance, and administrative personnel will be provided that promotes the integration of rigorous and challenging academic and technical education (including curriculum development); ; and (4) in paragraph (5) (as so redesignated)— (A) by inserting academic and vocational and technical after students, ; and (B) by inserting , including the eligible recipients that offer elements of the model sequence of courses after of this title.", "id": "H86200B48C6DB4B71928FDAEC1944AB02", "header": "Local plan for vocational and technical education programs" }, { "text": "17. Local use of funds \nSection 135 ( 20 U.S.C. 2355 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking to ensure learning in the core academic and inserting as established in the State-developed model sequences of courses described in section 122(c)(1)(A) to ensure learning in the core academic subjects (as defined by section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) )) ; (B) by striking paragraph (8); (C) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively, and inserting after paragraph (1) the following: (2) link secondary vocational and technical education and postsecondary vocational and technical education, including offering model sequences of courses and implementing Tech-Prep programs; (3) support tech-prep programs (if the eligible recipient receives the funds from the eligible agency under section 112(a)(1) that— (A) are carried out under an articulation agreement between the participants in the consortium, which shall include— (i) a local educational agency, an intermediate educational agency or area vocational and technical education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs; and (ii) (I) a nonprofit institution of higher education that offers— (aa) a 2 or 4-year degree program, or a 2-year certificate program, and is qualified as institutions of higher education pursuant to section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ) (except those institutions described in section 102(a)(1)(C) of such Act), including an institution receiving assistance under the Tribally Controlled College or University Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ) and a tribally controlled postsecondary vocational and technical institution; or (bb) a 2-year apprenticeship program that follows secondary instruction, if such nonprofit institution of higher education is not prohibited from receiving assistance under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ) pursuant to the provisions of section 435(a)(3) of such Act ( 20 U.S.C. 1083(a) ); or (II) a proprietary institution of higher education that offers a 2-year associate degree program and is qualified as an institution of higher education pursuant to section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), if such proprietary institution of higher education is not subject to a default management plan required by the Secretary, and may include employers and labor organizations; (B) consist of a minimum of 2 years of secondary school preceding graduation and a minimum of 2 years of higher education, or an apprenticeship program of at least 2 years following secondary instruction; (C) meet academic standards developed by the State, including standards developed under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) for secondary students, and support proficiency in mathematics, science, reading, writing, communications, and technologies; (D) are comprised of model sequences of courses that integrate rigorous and challenging academics and vocational and technical education; (E) provide technical preparation in a career field such as engineering technology, applied science, a mechanical, industrial, or practical art or trade, agriculture, health occupations, business, or applied economics; (F) that use, if appropriate and available, work-based or worksite learning in conjunction with academic and vocational and technical education; (G) that use educational technology and distance learning, as appropriate, to involve all the consortium partners more fully in the development and operation of programs; and (H) that facilitate and promote close working relationships among eligible recipients to ensure that programs within a geographic area are closely integrated with Tech-Prep program activities. ; (D) in paragraph (5) (as so redesignated)— (i) by inserting , and the related math and science education, after use of technology in vocational and technical education ; (ii) in subparagraph (B)— (I) by inserting (including the math and science knowledge that provides a strong basis for such skills) after technical skills ; and (II) by striking and telecommunications field and inserting fields ; and (iii) in subparagraph (C)— (I) by striking work and inserting collaborate ; and (II) by inserting that improve the math and science knowledge of students after mentoring programs ; (E) in paragraph (6) (as so redesignated)— (i) by striking teachers and inserting secondary and postsecondary teachers, instructors, ; and (ii) in subparagraph (A), by striking in effective teaching skills based on research and inserting in effective integration of rigorous and challenging academic and vocational and technical education, in effective teaching skills based on scientifically based research ; (F) in paragraph (8) (as so redesignated), by inserting and after the semicolon; and (G) in paragraph (9) (as so redesignated), by striking ; and and inserting a period; (2) in subsection (c)— (A) in paragraph (2), by inserting , regarding postsecondary options, including for adult students who are changing careers or updating skills before the semicolon; (D) in paragraph (5), by inserting including the establishment and operation of special arrangements with industry partners that allow qualified industry professionals to serve as faculty in postsecondary programs before the semicolon; (F) in paragraph (9), by inserting that address the integration of academic and vocational and technical education and after teacher preparation programs ; (E) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16); and inserting after paragraph (9) the following: (10) to develop and expand postsecondary program offerings at times and in formats accessible by students, including the use of distance education; ; and (G) in paragraph (11) (as so redesignated), by inserting , including development of new proposed model sequence of courses for consideration by the eligible agency before the semicolon; and (3) in subsection (d), by striking 5 percent and inserting 2 percent.", "id": "H0D04AD6C74824AE39E10C066CE61B275", "header": "Local use of funds" }, { "text": "18. Repeal of Tech-Prep Education Act \nTitle II of the Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2071 et seq. ) is repealed.", "id": "H20AF68CFDBC5481E95CC891DD5E00816", "header": "Repeal of Tech-Prep Education Act" }, { "text": "19. General Provisions \n(a) Fiscal Requirements \nSection 311(b) ( 20 U.S.C. 2391(b) ) is amended— (1) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: (A) In general \nExcept as provided in subparagraphs (B), (C), and (D), a State shall receive its full allotment of funds under this Act for any fiscal year only if the Secretary determines that the fiscal effort per student or the aggregate expenditures of the State for vocational and technical education programs for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of the greatest such effort or expenditures for any fiscal year after 2004. ; (B) in subparagraph (C), by striking subparagraph (B) and inserting subparagraph (A) ; and (C) by inserting after subparagraph (C) the following: (D) Reduction of funds \nThe Secretary shall reduce the amount of the allotment of funds under this Act for any fiscal year in the exact proportion by which the State fails to meet the requirements of subparagraph (A). ; (2) in paragraph (2), by striking 1 percent and inserting 5 percent ; and (3) by inserting after paragraph (2) the following: (3) Definition \nFor purposes of this subsection, the term preceding fiscal year means the Federal fiscal year or the 12-month fiscal period used by a State for official reporting purposes, prior to the beginning of the Federal fiscal year in which funds are available for obligation by the Secretary.. (b) Authorization of Secretary \nSection 317 ( 20 U.S.C. 2397 ) is repealed.", "id": "H726D22E1EB134095A61EBAEAA7A8953B", "header": "General Provisions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Plant Breeders Equity Act of 2004.", "id": "HFEB1C5234BDF416E860066CF1DB3FEDF", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) Since 1930, the Plant Patent Act has benefited the public by encouraging innovation and development of new varieties of asexually reproduced plants, including trees, shrubs, flowers, and fruit-producing plants. (2) The United States is a signatory to the International Union for the Protection of New Varieties of Plants (UPOV) Convention; however, the plant patent system has not been modernized to incorporate important provisions of UPOV, placing breeders of asexually reproduced plants in a position of inequity with breeders of other types of plants in the United States and with foreign breeders. (3) Closer harmonization of the plant patent system with UPOV will restore equity and ensure continued innovation and development of horticultural plant varieties.", "id": "HE0BC760D35A8483AAF677140804FFEAC", "header": "Findings" }, { "text": "3. Amendments to title 35, United States Code \n(a) Novelty \nSection 162 of title 35, United States Code, is amended— (1) by striking the section heading and inserting the following: 162. Description, claim, novelty \n; (2) in the first undesignated paragraph, by striking No plant and inserting the following: (a) Description.—No plant ; (3) in the second undesignated paragraph, by striking The claim and inserting the following: (b) Claim.—The claim ; and (4) by adding at the end the following: (c) Novelty \n(1) In general \nExcept as provided in paragraph (2), no plant patent application shall be denied, nor shall any issued plant patent be invalidated, on the grounds that the invention was sold or otherwise disposed of. (2) Exceptions \nParagraph (1) shall not apply if— (A) more than 1 year prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in the United States, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; (B) except as provided in subparagraph (C), more than 4 years prior to the date of the application for patent in the United States, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for purposes of exploitation of the invention; or (C) more than 6 years prior to the date of the application for patent in the United States, in the case of a tree or vine, the invention was sold or otherwise disposed of to other persons in a foreign country, by or with the consent of the inventor or discoverer, or the successor in interest of the inventor or discoverer, for the purposes of exploitation of the invention.. (b) Plant patent grant \nSection 163 of title 35, United States Code, is amended— (1) by striking In the case and inserting the following: (a) In general.—In the case ; and (2) by adding at the end the following: (b) Application \nSubsection (a) applies equally to any plant that is not clearly distinguishable from a protected plant.. (c) Conforming amendment \nThe chapter analysis for chapter 15 of title 35, United States Code is amended by striking the item relating to section 162 and inserting the following: 162. Description, claim, novelty. (d) Application \nThe amendments made by this section apply to— (1) all applications for plant patents filed on or after the date of enactment of this Act, or pending on that date; and (2) in the case of the amendments made by subsection (a), all plant patents in force on the date of enactment of this Act.", "id": "H7F437BDB9E8740B2A877343279060121", "header": "Amendments to title 35, United States Code" }, { "text": "162. Description, claim, novelty", "id": "HA36B8BF3904D4190B907147DB12893DB", "header": "Description, claim, novelty" } ]

[ { "text": "1. Permanent resident status for Amina Silmi \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Amina Silmi shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Amina Silmi enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Amina Silmi, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Amina Silmi shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HE27FCCB43FF7455194E0DC045BA17EB", "header": "Permanent resident status for Amina Silmi" } ]

[ { "text": "1. Bobby Marshall Gentry Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 122 West Elwood Avenue in Raeford, North Carolina, shall be known and designated as the Bobby Marshall Gentry 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 Bobby Marshall Gentry Post Office Building.", "id": "HD1EB209B2CAE49A78DE4A895A711B1FC", "header": "Bobby Marshall Gentry Post Office Building" } ]

[ { "text": "1. Permanent resident status for Rosario Amato and Salvatore Amato \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rosario Amato and Salvatore Amato shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Rosario Amato or Salvatore Amato enters the United States before the filing deadline specified in subsection (c), the respective individual shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Rosario Amato and Salvatore Amato, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Rosario Amato and Salvatore Amato shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HD649878C87494095AF851CB66B66836D", "header": "Permanent resident status for Rosario Amato and Salvatore Amato" } ]

[ { "text": "1. Harvey and Bernice Jones Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 2811 Springdale Avenue in Springdale, Arkansas, shall be known and designated as the Harvey and Bernice Jones 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 Harvey and Bernice Jones Post Office Building.", "id": "H928C7B1203B64D3185A1D12EDA6C1599", "header": "Harvey and Bernice Jones Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Food Promotion Act of 2004.", "id": "H26593D8F4296439A915412C9F7C78F69", "header": "Short title" }, { "text": "2. Replacement of mandatory country of origin labeling with voluntary program of country of origin labeling \nSubtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638–1638d) is amended to read as follows: 281. Voluntary program of country of origin labeling for certain meat products \n(a) Definitions \nIn this section: (1) The term beef means meat produced from cattle (including veal). (2) The term covered meat product means ground beef, ground pork, and ground lamb, and raw unprocessed muscle cuts of beef, pork and lamb. (3) The term lamb means meat produced from sheep. (4) The term pork means meat produced from hogs. (b) Country of origin labeling \nThe Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. (c) Label \nIn the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of covered meat products; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. (d) Limitation on use of United States country of origin label \nA person participating in the program established under subsection (b) may not designate a covered meat product as having a United States country of origin unless the covered meat product is derived exclusively from— (1) an animal born, raised, and slaughtered in the United States; or (2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States. 282. Voluntary program of country of origin labeling for fish products \n(a) Definitions \nIn this section: (1) The term farm-raised fish means all fish that are not wild fish. The term includes net-pen, aquacultural, and other farm-raised fish. (2) The term farm-raised shellfish means all shellfish that are not wild shellfish. The term includes net-pen, aquacultural, and other farm-raised fish. (3) The term wild fish means naturally-born or hatchery-raised fish harvested in the wild. (4) The term wild shellfish means naturally-born or hatchery-raised shellfish harvested in the wild. (b) Country of origin labeling \nThe Secretary of Agriculture shall establish a voluntary program of country of origin labeling for wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof. (c) Label \nIn the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof. (d) Limitation on use of United States country of origin label \nA person participating in the program established under subsection (b) may not designate wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, or products thereof as having a United States country of origin unless— (1) in the case of wild fish or wild shellfish (or a product thereof), the wild fish or wild shellfish is harvested in the waters of the United States or by a United States vessel on the high seas; or (2) in the case of farm-raised fish or farm-raised shellfish (or a product thereof), the farm-raised fish or farm-raised shellfish is raised and harvested in the United States. 283. Voluntary program of country of origin labeling for perishable agricultural commodities \n(a) Definition \nIn this section the term perishable agricultural commodity — (1) means fresh fruits and vegetables of every kind and character, except frozen fruits and vegetables; and (2) includes cherries packed in brine as defined by the Secretary in accordance with trade usages. (b) Country of origin labeling \nThe Secretary of Agriculture shall establish a voluntary program of country of origin labeling for perishable agricultural commodities. (c) Label \nIn the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of perishable agricultural commodities; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of perishable agricultural commodities. (d) Limitation on use of United States country of origin label \nA person participating in the program established under subsection (b) may not designate a perishable agricultural commodity as having a United States country of origin unless the perishable agricultural commodity is exclusively grown in the United States. (e) Survey of country of origin labeling; purpose \n(1) Definition \nIn this subsection, the term label means a method to provide information to consumers by means of a stamp, mark, placard, or other clear and visible sign (including printed packaging, cello wraps, twist ties, brand tags, bands, stickers, or other identifiers) affixed to or placed directly on a perishable agricultural commodity or on the display, holding unit, or bin containing the commodity at the final point of sale. (2) Survey required; intervals \nSubject to subsection (f)(2)(C), during the 12-month period beginning on the date of the enactment of the Food Promotion Act of 2004 , and every two years thereafter, the Secretary shall conduct, using existing resources, a national survey— (A) to estimate the types and quantities of perishable agricultural commodities sold in the United States that are labeled with respect to country of origin; (B) to measure the extent of the voluntary efforts of the perishable agricultural commodity industry to provide country of origin information to consumers, including the overall percentage of perishable agricultural commodities that bear labels with country of origin information; (C) to determine methods by which country of origin information is provided with regard to perishable agricultural commodities sold in the United States; (D) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are labeled, but for which no country of origin information is provided; (E) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are not labeled; (F) to estimate the extent of participation in the voluntary program established under subsection (b); and (G) to determine whether consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities for sale. (3) Location of survey \nThe survey may be conducted at retail stores and other locations selected by the Secretary. (4) Special considerations \nFor the purposes of conducting the survey, the Secretary shall consider— (A) bulk displays containing covered perishable agricultural commodities from more than one country to be labeled with country of origin information if a majority of the perishable agricultural commodities therein bear country of origin labels; and (B) label information regarding a State, region, or locality of the United States as information sufficient to identify the United States as the country of origin. (f) Use and availability of survey results \n(1) Report to Congress \nThe Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of each survey conducted under subsection (e). (2) Subsequent surveys \n(A) Determination of consumer awareness \nIn other than the first survey conducted under subsection (e), if the Secretary makes a determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities, the Secretary shall include in the report submitted under paragraph (1) with respect to that survey— (i) specific action steps that would provide the perishable agricultural commodity distribution chain with incentives to increase country of origin labeling levels; and (ii) proposed guidelines that would increase the use of country of origin identification labels. (B) Effect of failure to ascertain country of origin \nIf the Secretary makes the determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall include in the report submitted under paragraph (1) with respect to the second of the two surveys such recommendations as the Secretary determines appropriate regarding ways to increase labeling to achieve that goal. (C) Effect of ability to ascertain country of origin \nIf the Secretary makes the determination that consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall no longer be required to conduct surveys under such subsection. (3) Public availability \nThe Secretary shall make the results of each survey conducted under subsection (e) available to the perishable agricultural commodity industry and the public. 284. Verification \nThe Secretary of Agriculture may require participants in a program of country of origin labeling under section 281, 282, or 283 to maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with the program. 285. Enforcement \n(a) Civil penalty \n(1) Assessment \nThe Secretary of Agriculture may assess a civil penalty against a participant in a program of country of origin labeling under section 281, 282, or 283 that purposely or knowingly violates the terms of the program. (2) Amount of penalty \nThe amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. (3) Continuing violation \nEach day during which a violation continues shall be considered to be a separate violation. (b) Notice and hearing \nThe Secretary may not assess a penalty under subsection (a) against a person unless the person is given notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation..", "id": "HC62172C8BF644F5BB2019EB4F06DFF3F", "header": "Replacement of mandatory country of origin labeling with voluntary program of country of origin labeling" }, { "text": "281. Voluntary program of country of origin labeling for certain meat products \n(a) Definitions \nIn this section: (1) The term beef means meat produced from cattle (including veal). (2) The term covered meat product means ground beef, ground pork, and ground lamb, and raw unprocessed muscle cuts of beef, pork and lamb. (3) The term lamb means meat produced from sheep. (4) The term pork means meat produced from hogs. (b) Country of origin labeling \nThe Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. (c) Label \nIn the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of covered meat products; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. (d) Limitation on use of United States country of origin label \nA person participating in the program established under subsection (b) may not designate a covered meat product as having a United States country of origin unless the covered meat product is derived exclusively from— (1) an animal born, raised, and slaughtered in the United States; or (2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States.", "id": "H0DE213C3BB1244D38E255E59CA80C637", "header": "Voluntary program of country of origin labeling for certain meat products" }, { "text": "282. Voluntary program of country of origin labeling for fish products \n(a) Definitions \nIn this section: (1) The term farm-raised fish means all fish that are not wild fish. The term includes net-pen, aquacultural, and other farm-raised fish. (2) The term farm-raised shellfish means all shellfish that are not wild shellfish. The term includes net-pen, aquacultural, and other farm-raised fish. (3) The term wild fish means naturally-born or hatchery-raised fish harvested in the wild. (4) The term wild shellfish means naturally-born or hatchery-raised shellfish harvested in the wild. (b) Country of origin labeling \nThe Secretary of Agriculture shall establish a voluntary program of country of origin labeling for wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof. (c) Label \nIn the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof. (d) Limitation on use of United States country of origin label \nA person participating in the program established under subsection (b) may not designate wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, or products thereof as having a United States country of origin unless— (1) in the case of wild fish or wild shellfish (or a product thereof), the wild fish or wild shellfish is harvested in the waters of the United States or by a United States vessel on the high seas; or (2) in the case of farm-raised fish or farm-raised shellfish (or a product thereof), the farm-raised fish or farm-raised shellfish is raised and harvested in the United States.", "id": "H6B00EC96164747F4A135D368F2798B00", "header": "Voluntary program of country of origin labeling for fish products" }, { "text": "283. Voluntary program of country of origin labeling for perishable agricultural commodities \n(a) Definition \nIn this section the term perishable agricultural commodity — (1) means fresh fruits and vegetables of every kind and character, except frozen fruits and vegetables; and (2) includes cherries packed in brine as defined by the Secretary in accordance with trade usages. (b) Country of origin labeling \nThe Secretary of Agriculture shall establish a voluntary program of country of origin labeling for perishable agricultural commodities. (c) Label \nIn the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of perishable agricultural commodities; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of perishable agricultural commodities. (d) Limitation on use of United States country of origin label \nA person participating in the program established under subsection (b) may not designate a perishable agricultural commodity as having a United States country of origin unless the perishable agricultural commodity is exclusively grown in the United States. (e) Survey of country of origin labeling; purpose \n(1) Definition \nIn this subsection, the term label means a method to provide information to consumers by means of a stamp, mark, placard, or other clear and visible sign (including printed packaging, cello wraps, twist ties, brand tags, bands, stickers, or other identifiers) affixed to or placed directly on a perishable agricultural commodity or on the display, holding unit, or bin containing the commodity at the final point of sale. (2) Survey required; intervals \nSubject to subsection (f)(2)(C), during the 12-month period beginning on the date of the enactment of the Food Promotion Act of 2004 , and every two years thereafter, the Secretary shall conduct, using existing resources, a national survey— (A) to estimate the types and quantities of perishable agricultural commodities sold in the United States that are labeled with respect to country of origin; (B) to measure the extent of the voluntary efforts of the perishable agricultural commodity industry to provide country of origin information to consumers, including the overall percentage of perishable agricultural commodities that bear labels with country of origin information; (C) to determine methods by which country of origin information is provided with regard to perishable agricultural commodities sold in the United States; (D) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are labeled, but for which no country of origin information is provided; (E) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are not labeled; (F) to estimate the extent of participation in the voluntary program established under subsection (b); and (G) to determine whether consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities for sale. (3) Location of survey \nThe survey may be conducted at retail stores and other locations selected by the Secretary. (4) Special considerations \nFor the purposes of conducting the survey, the Secretary shall consider— (A) bulk displays containing covered perishable agricultural commodities from more than one country to be labeled with country of origin information if a majority of the perishable agricultural commodities therein bear country of origin labels; and (B) label information regarding a State, region, or locality of the United States as information sufficient to identify the United States as the country of origin. (f) Use and availability of survey results \n(1) Report to Congress \nThe Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of each survey conducted under subsection (e). (2) Subsequent surveys \n(A) Determination of consumer awareness \nIn other than the first survey conducted under subsection (e), if the Secretary makes a determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities, the Secretary shall include in the report submitted under paragraph (1) with respect to that survey— (i) specific action steps that would provide the perishable agricultural commodity distribution chain with incentives to increase country of origin labeling levels; and (ii) proposed guidelines that would increase the use of country of origin identification labels. (B) Effect of failure to ascertain country of origin \nIf the Secretary makes the determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall include in the report submitted under paragraph (1) with respect to the second of the two surveys such recommendations as the Secretary determines appropriate regarding ways to increase labeling to achieve that goal. (C) Effect of ability to ascertain country of origin \nIf the Secretary makes the determination that consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall no longer be required to conduct surveys under such subsection. (3) Public availability \nThe Secretary shall make the results of each survey conducted under subsection (e) available to the perishable agricultural commodity industry and the public.", "id": "HE005AF2E5FE1414E8FB30099152D00D1", "header": "Voluntary program of country of origin labeling for perishable agricultural commodities" }, { "text": "284. Verification \nThe Secretary of Agriculture may require participants in a program of country of origin labeling under section 281, 282, or 283 to maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with the program.", "id": "H2251E728C30A4E19873B0072FCA09521", "header": "Verification" }, { "text": "285. Enforcement \n(a) Civil penalty \n(1) Assessment \nThe Secretary of Agriculture may assess a civil penalty against a participant in a program of country of origin labeling under section 281, 282, or 283 that purposely or knowingly violates the terms of the program. (2) Amount of penalty \nThe amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. (3) Continuing violation \nEach day during which a violation continues shall be considered to be a separate violation. (b) Notice and hearing \nThe Secretary may not assess a penalty under subsection (a) against a person unless the person is given notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation.", "id": "H6DE2B720E9604E7C83330708B3C6AD4B", "header": "Enforcement" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Consumer Checking Account Fairness Act.", "id": "HCC38B280EFD64391A01C56401E50FCEA", "header": "Short title" }, { "text": "2. Adjustment of check hold periods required \n(a) In general \nSection 603(d) of the Expedited Funds Availability Act ( 12 U.S.C. 4002(d) ) is amended by adding at the end the following new paragraph: (3) Coordination with Check Clearing for the 21st Century Act \n(A) In general \nThe Board shall prescribe regulations under paragraph (1)— (i) to reduce the time periods under subsections (a), (b), or (e), in accordance with the requirements of paragraph (1), to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act; or (ii) to eliminate distinctions between the schedules established under subsections (a), (b), or (e) if the Board finds that such distinctions no longer have any significance for any category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act. (B) Paragraph (2) adjustments \nThe Board may, by regulation, eliminate the extension provided under paragraph (2) for deposits of any category of checks if the Board finds that the extension has no practical necessity under the Checking Clearing for the 21st Century Act or the regulations implementing such Act.. (b) Technical and conforming amendment \nParagraph (2) of section 603(d) of the Expedited Funds Availability Act ( 12 U.S.C. 4002(d) ) is amended by inserting (other than regulations prescribed under paragraph (3)(B)) after any other provision of law. (c) Regulations \nThe Board shall prescribe the regulations required under the amendment made by subsection (a) in final form before the end of the 6-month period beginning on the date of the enactment of this Act.", "id": "H93D5FFCB09184FA294EFF5720ED47B2", "header": "Adjustment of check hold periods required" }, { "text": "3. Amendments relating to checking account consumers \n(a) Deposits at proprietary ATMs \nSection 603(a)(2) of the Expedited Funds Availability Act ( 12 U.S.C. 4002(a)(2) ) is amended— (1) in subparagraphs (B)(ii) and (C)(ii), by inserting or is deposited at a proprietary ATM before the semicolon at the end of each such subparagraph; and (2) in subparagraph (E), by inserting , or a check deposited at a proprietary ATM, after deposited in a branch of a depository institution. (b) Limitation on certain fees during check hold period \nSection 607 of the Expedited Funds Availability Act ( 12 U.S.C. 4006 ) is amended by adding at the end the following new subsection: (f) Limitation on certain fees during check hold period \nIf a receiving depository institution has received a provisional or final settlement with respect to a check deposited in an account at the depository institution and such depository institution has not yet made the proceeds of the deposit available to the accountholder, the receiving depository institution may not assess any fee for an overdraft, or any fee associated with the payment of an overdraft, that would not have occurred if such funds so deposited were available.. (c) Credits required to be posted before debits \nSection 607 of the Expedited Funds Availability Act ( 12 U.S.C. 4006 ) is amended by inserting after subsection (f) (as added by subsection (b) of this section) the following new subsection: (g) Order of posting \nIn the process of posting credits and debits against a checking account used primarily for personal, family, or household purposes after the close of any business day, the receiving depository institution shall credit all deposits to the account before debiting any check drawn on the account and presented to the depository institution for payment.. (d) Saturdays may be treated as business days \nSection 602(3) of the Expedited Funds Availability Act ( 12 U.S.C. 4001(3) ) is amended by adding at the end the following new sentence: For purposes of this title, however, Saturday shall be treated as a business day in the calculation of any period within which funds deposited in an account at a receiving depository institution are required be made available under this title, if with respect to checks received by the depository institution for which it is the originating institution, the depository institution debits accounts on Saturdays for such checks.. (e) Reduction in check holds for nonlocal check deposits \nSection 603(b)(2) of the Expedited Funds Availability Act ( 12 U.S.C. 4002(b)(2) ) is amended by striking not more than 4 business days shall intervene between and inserting funds shall be made available on the 2nd business day after. (f) Adjustment for inflation for large check limitation \n(1) In general \nSection 604(a)(3) of the Expedited Funds Availability Act ( 12 U.S.C. 4003(a)(3) ) is amended by striking $5,000 each place such term appears and inserting $7,500. (2) Clerical amendment \nThe paragraph heading for section 604(a)(3) of the Expedited Funds Availability Act is amended by striking $5,000 and inserting $7,500. (g) Adjustment for small deposit availability \nSection 603(a)(2)(D) of of the Expedited Funds Availability Act ( 12 U.S.C. 4002(a)(2)(D) ) is amended by striking $100 and inserting $500. (h) Fees for services not requested \nSection 607 of the Expedited Funds Availability Act ( 12 U.S.C. 4006 ) is amended by inserting after subsection (g) (as added by subsection (c) of this section) the following new subsection: (h) Fees for services not requested \nNo depository institution may impose any fee for paying any check drawn on an account in spite of a lack of sufficient funds in the account to pay such check or any similar activity (commonly referred to as bounce protection ) unless the accountholder has affirmatively requested such service.. (i) Clarification of preemption \nSection 608 of the Expedited Funds Availability Act ( 12 U.S.C. 4007 ) is amended— (1) in subsection (b)— (A) by inserting or (c) after subsection (a) ; and (B) by inserting , but only to the extent of any such inconsistency before the period at the end; and (2) by adding at the end the following new subsection: (c) Clarification of inconsistency \nA State law shall not be construed as inconsistent with this title, or any regulation prescribed under this title, if the protection such law affords the consumer by such law is greater than the protection afforded by this title. For purposes of determining congressional intent with respect to preemption, the purpose of this title shall be construed to be the establishment of a minimum basis of protection for the consumer and not the creation of a uniform national rule..", "id": "HF096F5CB736A49A69DBCA3D2397800AE", "header": "Amendments relating to checking account consumers" }, { "text": "4. Recredit for all consumers unless substitute checks are provided without cost upon request \nSection 7(b) of the Checking for the 21st Century Act ( 12 U.S.C. 5006(b) ) is amended by adding at the end the following new paragraph: (3) Fees for substitute checks \nIf any bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check for such consumer with respect to such account, the expedited recredit process established under this section shall be available for all charges against any such account without regard to whether a substitute check was involved or not..", "id": "H20305B08CA33495CAD5938BC6E1FA500", "header": "Recredit for all consumers unless substitute checks are provided without cost upon request" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Working Parents Child Care Relief Act.", "id": "H1D811A3738AB45DDA1F39100E304B409", "header": "Short title" }, { "text": "2. Increase of amount which may be excluded from gross income of employee for dependent care assistance and annual adjustment of amount for annual rate of inflation \n(a) Increase of amount \nSection 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 ($2,000 and inserting $6,000 ($3,000. (b) Annual adjustment \nSection 129(a)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Adjustment for inflation \n(i) In general \nIn the case of any taxable year beginning in a calendar year after 2005, each amount specified in subparagraph (A) shall be increased by an amount equal to the product of— (I) such amount, and (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 2004 in subparagraph (B) thereof. (ii) Rounding \nIf any increase determined under clause (i) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H145DBA7BCFA14CB8A4092FFD7259FED", "header": "Increase of amount which may be excluded from gross income of employee for dependent care assistance and annual adjustment of amount for annual rate of inflation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Wildfire Prevention and Forest Health Protection Act.", "id": "H5DF9BE7969AB4BFEBBB8FD967200CA07", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) National Forest System lands in the United States are in poor ecological health and in grave danger of catastrophic wildfires because of high fuel loads. (2) The poor condition of these National Forest System lands is evidenced by the fact that, during 2002, 71,160 wildfires devastated over 7 million forested acres, including over 2.2 million acres in Alaska, 650,000 acres in Arizona, 491,000 acres in California, 915,000 acres of Colorado, 325,000 acres in New Mexico, 1 million acres in Oregon, and 265,000 acres in Utah. (3) It has been scientifically established that reducing fuel loads by thinning trees improves forest ecological health and reduces the risk of catastrophic crown fires. (4) Trees damaged by fire are more susceptible to insect infestation than healthy undamaged trees, and experts agree that fire damaged trees must be removed to improve forest health and that such removal must occur within six to twelve months if the fire damaged trees are to have any commercial value. (5) Under current Federal law, forest management projects designed to reduce fuel loads are subject to challenge and appeal by groups and individuals. (6) In a report issued in July 2002, the Forest Service found that 48 percent of projects involving mechanical tree thinning on National Forest System lands have been subject to challenge and appeal and that the extra decision-making analysis forced by these appeals added significantly to time required but did not materially improve the proposed action. (7) The Forest Service further found that In spite of the agency's best efforts, individuals or organizations opposed to the projects filed appeals and/or filed suit to stop the projects.. (8) Use of existing administrative and legal processes to address the fire danger in the United States will not enable the Forest Service to take the immediate action necessary to reduce fuel loads to both improve forest ecological health and prevent the occurrence of wildfires likely to cause extreme harm to the forest ecosystem.", "id": "H9FD0848493B145A6ADF6FEEDD291F0D0", "header": "Findings" }, { "text": "3. Regional forester authority to exempt wildfire prevention tree-thinning projects from certain laws \n(a) Exemption authority \nDue to the extraordinary wildfire threat present on National Forest System lands in the Forest Service Regions, the Regional Forester for a Forest Service Region may exempt a Forest Service project described in subsection (b) from any provision of law including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Forest Management Act (16 U.S.C. 1601 et seq.), and the project shall proceed immediately and to completion. In addition, the project shall not be subject to the notice, comment, and appeal requirements of section 322 of Public Law 102–381 (commonly known as the Appeals Reform Act; 16 U.S.C. 1612 note) or to judicial review by any court of the United States. (b) Covered projects \nA Forest Service project referred to in subsection (a) is a project that involves the removal of trees on National Forest System lands managed by the Regional Forester that the Regional Forester finds, on the basis of the best scientific information available— (1) are located in an area with a high fuel load, and a significant possibility exists that a crown fire could occur which would cause extreme harm to the forest ecosystem; or (2) are dead or severely damaged from fire. (c) Certification \nThe Regional Forester shall certify the findings made under subsection (b) to the Chief of the Forest Service and the Congress.", "id": "H46269F598B164A2CAA1B34275EF25E2E", "header": "Regional forester authority to exempt wildfire prevention tree-thinning projects from certain laws" }, { "text": "4. Constitutional authority \nThe constitutional authority on which this Act rests is the authority of Congress to make all laws which shall be necessary and proper, as enumerated in Article I, Section 8 of the United States Constitution, as well as the authority of Congress to make all needful rules and regulations respecting the territory or other property belonging to the United States, as enumerated in Article IV, Section 3 of the United States Constitution.", "id": "HF9ABC1F9CBCE4618BC296BC4C90BDDC", "header": "Constitutional authority" } ]

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

[ { "text": "1. Short Title \nThis Act may be cited as the District of Columbia Voting Rights Restoration Act of 2004.", "id": "HC4E1E94819554991A7E61338E867A34B", "header": "Short Title" }, { "text": "2. Findings \nThe Congress finds the following: (1) There is no reason, either historically or by virtue of law, why the people of the District of Columbia, the capital of the United States of America, should not have full voting representation in the Congress of the United States. (2) Article I, section 8, clause 17 of the Constitution of the United States, which authorized the creation of the District of Columbia, provides only that the Congress shall have exclusive legislation in all cases whatsoever over that District. (3) The same clause of the Constitution provides that Congress shall exercise like authority over other Federal territories that have been purchased from the States for Federal purposes. Residents of other Federal enclaves, though also denied voting rights after becoming subject to exclusive Federal jurisdiction, have had restored their right to vote for and serve as elected Federal officials from their respective States which ceded the Federal enclaves to the United States. (4) Congress has exercised its authority to regulate Federal elections under article I, section 4 of the Constitution to set the legal requirements that States must follow in establishing Congressional districts. Congress has also exercised this authority to require States to allow United States citizens who are former residents, and their children who are United States citizens, who are living overseas to vote in Federal elections in the previous State of residence, notwithstanding the fact that such former residents and their children may have no intention of returning or establishing residence in that State, and notwithstanding the fact that such citizens are not subject to the laws of that State, including tax laws. (5) The entire territory of the current District of Columbia was ceded to the United States by the State of Maryland, one of the original 13 States of the United States. The portion of the original District of Columbia ceded to the United States by the Commonwealth of Virginia was returned to the authority of that state in 1846, and the people who now reside in that area vote as citizens of the Commonwealth of Virginia. (6) The Supreme Court of the United States has found that the cession of legislative authority over the territory that became the District of Columbia by the States of Maryland and Virginia did not remove that territory from the United States, and that the people who live in that territory are entitled to all the rights, guarantees, and immunities of the Constitution that they formerly enjoyed as citizens of those States. O’Donoghue v. United States, 289 U.S. 516 (1933); Downes v. Bidwell, 182 U.S. 244 (1901). Among those guarantees are the right to equal protection of the laws and the right to participate, equally with other Americans, in a Republican form of government. (7) Since the people who lived in the territory that now makes up the District of Columbia once voted in Maryland as citizens of Maryland, and Congress by adoption of the Organic Act of 1801 severed the political connection between Maryland and the District of Columbia by statute, Congress has the power by statute to restore Maryland state citizenship rights, including Federal electoral rights, that it took away by enacting the Organic Act of 1801.", "id": "HD7821A2FF34945C5008EDBD74445B7C1", "header": "Findings" }, { "text": "3. Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Congressional Elections \n(a) In General \nNotwithstanding any other provision of law, for purposes of representation in the House of Representatives and Senate, the right of the people of the District of Columbia to be eligible to participate in elections for the House of Representatives and Senate as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored. (b) Eligibility to Hold Congressional Office \nNotwithstanding any other provision of law, for purposes of determining eligibility to serve as a Member of the House of Representatives or Senate, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored. (c) Effective Date \nThis section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year.", "id": "HE9079E63E709417AA8AD28759950D0F7", "header": "Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Congressional Elections" }, { "text": "4. Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Presidential Elections \n(a) In General \nNotwithstanding any other provision of law, the right of the people of the District of Columbia to be eligible to participate in elections for electors of President and Vice President, and to serve as such electors as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored. (b) Eligibility to Serve as Electors \nNotwithstanding any other provision of law, for purposes of determining eligibility to serve as electors of President and Vice President, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored. (c) Termination of Appointment of Separate Electors by District of Columbia \nIn accordance with the authority under sections 1 and 2 of the 23rd amendment to the Constitution and the authority under article I, Section 8, to legislate for the District of Columbia, and notwithstanding any other provision of law, Congress directs that no electors of President and Vice President shall be appointed by the District of Columbia and that no votes from such electors shall be cast or counted in the electoral vote for President and Vice President. (d) Conforming Amendment \n(1) In general \nChapter 1 of title 3, United States Code, is amended by striking section 21. (2) Clerical amendment \nThe table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 21. (e) Effective Date \nThis section and the amendments made by this section shall apply with respect to Presidential elections beginning with the 2008 Presidential election.", "id": "H1427FD39119D406A9CF5E5628719EC1", "header": "Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Presidential Elections" }, { "text": "5. Coordination of Election Administration \n(a) Application of Maryland Election Laws \n(1) In general \nFederal elections in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable laws of the State of Maryland. (2) Treatment of District as unit of local government \nFor purposes of the laws of the State of Maryland which apply to Federal elections in the District of Columbia pursuant to paragraph (1), the District of Columbia shall be considered to be a unit of local government within the State of Maryland with responsibility for the administration of Federal elections. (b) Conforming Amendments to Help America Vote Act of 2002 \n(1) Treatment of District of Columbia as part of Maryland \nSection 901 of the Help America Vote Act of 2002 ( 42 U.S.C. 15541 ) is amended— (A) by striking the District of Columbia ; (B) by striking In this Act and inserting (a) In General.— In this Act ; and (C) by adding at the end the following new subsection: (b) Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The voting age population of the State of Maryland shall be considered to include the voting age population of the District of Columbia for purposes of sections 101(d)(4) and 252(b). (2) The District of Columbia shall be considered a unit of local government or jurisdiction located within the State of Maryland. (3) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland.. (c) Conforming Amendments to Other Federal Election Laws \n(1) Uniformed and Overseas Citizens Absentee Voting Act \n(A) In general \nTitle I of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. ) is amended by adding at the end the following new section: 108. Special Rule for State of Maryland and District of Columbia \nFor purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia.. (B) Conforming amendment \nSection 107(6) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 ) is amended by striking the District of Columbia,. (2) National Voter Registration Act of 1973 \n(A) In general \nThe National Voter Registration Act of 1973 ( 42 U.S.C. 1973gg et seq. ) is amended— (i) by redesignating section 13 as section 14; and (ii) by adding at the end the following new section: 12. Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisdiction within the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that section applies to a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section; and (B) the District of Columbia shall designate voter registration agencies under section 7 in the same manner as a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section.. (B) Conforming amendment \nSection 3(4) of such Act (42 U.S.C. gg–1(4)) is amended by striking and the District of Columbia. (3) Voting Accessibility for the Elderly and Handicapped Act \n(A) In general \nThe Voting Accessibility for the Elderly and Handicapped Act ( 42 U.S.C. 1973ee et seq. ) is amended— (i) by redesignating section 8 as section 9; and (ii) by inserting after section 7 the following new section: 8. special rule for state of maryland and district of columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia.. (B) Conforming amendment \nSection 8(5) of such Act ( 42 U.S.C. 1973ee–6(5) ) is amended by striking the District of Columbia,. (d) Conforming Amendment to Home Rule Act \nSection 752 of the District of Columbia Home Rule Act (sec. 1–207.52, D.C. Official Code) is amended by striking the period at the end and inserting the following: , except to the extent required under section 5 of the District of Columbia Voting Rights Restoration Act of 2004.. (e) Other Conforming Amendment to District of Columbia Election Law \nThe District of Columbia Elections Code of 1955 is amended by adding at the end the following new section: 18. Applicability of Maryland Election Law For Administration of Federal Elections \nNotwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable law of the State of Maryland; and (2) no provision of this Code shall apply with respect to any election for Federal office to the extent that the provision is inconsistent with the applicable law of the State of Maryland.. (f) Effective Date \nThis section and the amendments made by this section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year.", "id": "H2B7C4AB72A27470E8C770045786774D4", "header": "Coordination of Election Administration" }, { "text": "108. Special Rule for State of Maryland and District of Columbia \nFor purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia.", "id": "HB3657AC6D1384012832B9789DC893677", "header": "Special Rule for State of Maryland and District of Columbia" }, { "text": "12. Special Rule For State of Maryland and District of Columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisdiction within the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that section applies to a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section; and (B) the District of Columbia shall designate voter registration agencies under section 7 in the same manner as a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section.", "id": "HDEF820EF6262474300EB0016252C4BBB", "header": "Special Rule For State of Maryland and District of Columbia" }, { "text": "8. special rule for state of maryland and district of columbia \nFor purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia.", "id": "H05DA19D2200F4090BBE1676239E005D", "header": "special rule for state of maryland and district of columbia" }, { "text": "18. Applicability of Maryland Election Law For Administration of Federal Elections \nNotwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable law of the State of Maryland; and (2) no provision of this Code shall apply with respect to any election for Federal office to the extent that the provision is inconsistent with the applicable law of the State of Maryland.", "id": "HE41EA64F8EF2426DB26D61D390E59AB", "header": "Applicability of Maryland Election Law For Administration of Federal Elections" }, { "text": "6. Transition Provisions for House of Representatives \n(a) Number and Apportionment of Maryland Members \nFor purposes of determining the number and apportionment of the members of the House of Representatives from the State of Maryland for the One Hundred Tenth Congress and each succeeding Congress, the population of the District of Columbia shall be added to the population of Maryland under the decennial census. (b) Temporary Increase in Apportionment \n(1) In general \nEffective January 3, 2007, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010— (A) the membership of the House of Representatives shall be increased by 2; (B) the State of Maryland, together with the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2), shall each be entitled to one additional Representative; and (C) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Transmittal of revised apportionment information by President and Clerk \n(A) Statement of apportionment by President \nNot later than December 1, 2004, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 28, 1929 ( 2 U.S.C. 2a(a) ), to take into account the provisions of this section. (B) Report by Clerk \nNot later than 15 calendar days after receiving the revised version of the statement of apportionment under subparagraph (A), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act ( 2 U.S.C. 2a(b) ), shall send to the executive of the State (other than the State of Maryland) entitled to one additional Representative pursuant to this section a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report identifying that State to the Speaker of the House of Representatives. (3) Increase not counted against total number of members \nThe temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 ( 2 U.S.C. 2 ), nor shall such temporary increase affect the basis of reapportionment established by the Act of June 28, 1929, as amended ( 2 U.S.C. 2a ), for the Eighty Second Congress and each Congress thereafter. (c) Prohibiting Division of District of Columbia Into Separate Congressional Districts \n(1) In general \nNotwithstanding subsection (a), in establishing Congressional districts after the effective date of this section, the State of Maryland shall ensure that the entire area of the District of Columbia is included in the same Congressional district (except as provided in paragraph (2)). (2) Special rule if population of district equals or exceeds average population of Maryland congressional districts \nIf the population of the District of Columbia equals or exceeds the average population of a Congressional district in the State of Maryland under the decennial census used for the apportionment of the Members of the House of Representatives from the State of Maryland, the State of Maryland shall ensure that at least one Congressional district in the State consists exclusively of territory within the District of Columbia. (3) Special rule for initial district \nUntil the State of Maryland establishes Congressional districts to take into account the enactment of this section, the Congressional district of the additional Representative to which the State is entitled under this section shall consist exclusively of the area of the District of Columbia.", "id": "H74E5FC68F4B94A679178E172C5094050", "header": "Transition Provisions for House of Representatives" }, { "text": "7. Repeal of Office of District of Columbia Delegate \n(a) In general \nSections 202 and 204 of the District of Columbia Delegate Act ( Public Law 91–405 ; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming amendments to district of columbia elections code of 1955 \nThe District of Columbia Elections Code of 1955 is amended— (1) in section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives ; (2) in section 2 (sec. 1–1001.02, D.C. Official Code)— (A) by striking paragraph (6), and (B) in paragraph (13), by striking the Delegate to Congress for the District of Columbia ; (3) in section 8 (sec. 1–1001.08, D.C. Official Code)— (A) by striking Delegate in the heading, and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1); (4) in section 10 (sec. 1–1001.10, D.C. Official Code)— (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)— (i) by striking Delegate, each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, ; and (6) in section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking except the Delegate to the Congress from the District of Columbia. (c) Effective Date \nThe amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year.", "id": "H247530F49835407A83E0A599C1B328BC", "header": "Repeal of Office of District of Columbia Delegate" }, { "text": "8. Repeal of Offices of Statehood Representative and Senator \n(a) In General \nSection 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended by striking subsections (d) through (h). (b) Conforming Amendments \n(1) Statehood commission \nSection 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended— (A) in subsection (a)— (i) by striking 27 voting members and inserting 24 voting members , (ii) by adding and at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H). (2) Authorization of appropriations \nSection 8 of such Initiative (sec. 1–127, D.C. Official Code) is hereby repealed. (3) Application of honoraria limitations \nSection 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is hereby repealed. (4) Application of campaign finance laws \nSection 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is hereby repealed. (5) List of elected officials \nSection 2(13) of the District of Columbia Elections Code of 1955 (sec. 1–1001.02(13), D.C. Official Code) is amended by striking United States Senator and Representative,.", "id": "H662D3E63A6014124A37BCD27D5EB9017", "header": "Repeal of Offices of Statehood Representative and Senator" }, { "text": "9. Nonseverability of Certain Provisions \nIf any provision of sections 3, 6(a), or 6(b) of this Act, or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.", "id": "H71C0720168F243FCBFE100D35D2E07B5", "header": "Nonseverability of Certain Provisions" }, { "text": "10. Rules of Construction \nNothing in this Act may be construed— (1) to permit residents of the District of Columbia to vote in elections for State or local office in the State of Maryland or to permit nonresidents of the District of Columbia to vote in elections for local office in the District of Columbia; (2) to affect the power of Congress under article I, section 8, clause 17 of the Constitution to exercise exclusive legislative authority over the District of Columbia; or (3) to affect the powers of the Government of the District of Columbia under the District of Columbia Home Rule Act (except as specifically provided in this Act).", "id": "H2CE4A4172B4C4DA59B78942E1C002FA6", "header": "Rules of Construction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Revolutionary War and War of 1812 Battlefields Commemorative Coin Act of 2004.", "id": "H024294F0E09F43DBB93EDB5569D0C854", "header": "Short title" }, { "text": "2. Coin specifications \n(a) Denominations \nIn commemoration of the Revolutionary War and the War of 1812, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins \nNot more than 300,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins \nNot more than 1,000,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins \nNot more than 2,000,000 half dollar coins which shall be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H19DADCFD9E294955A81817C4664BCE63", "header": "Coin specifications" }, { "text": "3. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the Revolutionary War and the War of 1812. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2006 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the Revolutionary War and the War of 1812 Battlefields Foundation (hereafter in this Act referred to as the Foundation ); and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "H728489CBEAA148C29627E8F4E4EF7C57", "header": "Design of coins" }, { "text": "4. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2006.", "id": "HEA9EA9E87DAB4736BCA453E2D000000", "header": "Issuance of coins" }, { "text": "5. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 6(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing \nThe Secretary, in cooperation with the Foundation, shall develop and implement a marketing program to promote and sell the coins authorized under this Act both within the United States and internationally.", "id": "H787CED076D8848BFB2936606E4D942D4", "header": "Sale of coins" }, { "text": "6. Surcharges \n(a) In general \nAll sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Foundation for purposes of the preservation of historically significant battlefields of the Revolutionary War and the War of 1812 and related historical sites. (c) Audits \nThe Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).", "id": "HBECE8329181D45A98F351D73BD5596BE", "header": "Surcharges" } ]

[ { "text": "1. Permanent resident status for Konstantinos Ritos \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Konstantinos Ritos shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Konstantinos Ritos enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Konstantinos Ritos, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Konstantinos Ritos shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HA42CD63B116A4EB8A491B5A36938644B", "header": "Permanent resident status for Konstantinos Ritos" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Defense Office of the Victim Advocate Act of 2004.", "id": "H032F8FF0B9AD4C55BD41D254182B37BF", "header": "Short title" }, { "text": "2. Establishment of Office of the Victim Advocate in Department of Defense \n(a) Establishment \nPart II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 90 Office of the Victim Advocate \nSec 1811. Office of the Victim Advocate: establishment; Director 1812. Office of the Victim Advocate: functions 1813. Annual report 1811. Office of the Victim Advocate: establishment; Director \n(a) Establishment \nThere is in the Office of the Secretary of Defense an Office of the Victim Advocate. The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interpersonal violence among members of the armed forces or between members of the armed forces and family members and partners (including former spouses, children, significant others, children-in-common, girl friends, and boy friends). (b) Director \nThe head of the Office is a Director. (c) Victim defined \nIn this chapter, the term victim means a person who is the victim of sexual misconduct or interpersonal violence which— (1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and (2) in the case of a person who is not member of the armed forces, is carried out by a member of the armed forces who is a family member or intimate partner of that person. 1812. Office of the Victim Advocate: functions \n(a) Coordination functions \nThe Director of the Office of the Victim Advocate shall carry out the following coordination functions: (1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. (2) Serve as headquarters program manager for the victim advocates and the victim service specialists in the Department of Defense authorized by law. (3) Coordinate services for victims among military and civilian communities and provide guidance to victims in obtaining those services. (b) Evaluation and review functions \nThe Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: (1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. (2) Evaluate the programs established by the military departments providing services to victims of interpersonal violence. (3) Evaluate the delivery of services by the military departments to victims of interpersonal violence. (4) Review the facilities of the military departments providing services to victims of interpersonal violence. (5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. (6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. (c) Policy functions \nThe Director of the Office of the Victim Advocate shall carry out the following policy functions: (1) Recommend to the Secretaries of the military departments policies, protocols, and programs to enhance services to victims. (2) Recommend changes to policies and procedures to address sexual misconduct and intimate partner violence. (3) Establish system accountability standards. (4) Develop protocols for accountability of commanders in response to incidents of violence. (5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. (d) Education and training functions \nThe Director of the Office of the Victim Advocate shall carry out the following education and training functions: (1) Conduct education and training within the armed forces. (2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. (3) Conduct programs of public education. 1813. Annual report \n(a) Report to the Secretary of Defense \nThe Director of the Office of the Victim Advocate shall submit to the Secretary of Defense an annual report containing an assessment of the current state of affairs within the military departments relative to interpersonal violence and sexual misconduct. The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. (b) Report to congress \nThe Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary’s comments thereon..", "id": "HD172593E11CA43209FECB482AD716FDC", "header": "Establishment of Office of the Victim Advocate in Department of Defense" }, { "text": "1811. Office of the Victim Advocate: establishment; Director \n(a) Establishment \nThere is in the Office of the Secretary of Defense an Office of the Victim Advocate. The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interpersonal violence among members of the armed forces or between members of the armed forces and family members and partners (including former spouses, children, significant others, children-in-common, girl friends, and boy friends). (b) Director \nThe head of the Office is a Director. (c) Victim defined \nIn this chapter, the term victim means a person who is the victim of sexual misconduct or interpersonal violence which— (1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and (2) in the case of a person who is not member of the armed forces, is carried out by a member of the armed forces who is a family member or intimate partner of that person.", "id": "H395BB90704904BAB9088D209A7607BDC", "header": "Office of the Victim Advocate: establishment; Director" }, { "text": "1812. Office of the Victim Advocate: functions \n(a) Coordination functions \nThe Director of the Office of the Victim Advocate shall carry out the following coordination functions: (1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. (2) Serve as headquarters program manager for the victim advocates and the victim service specialists in the Department of Defense authorized by law. (3) Coordinate services for victims among military and civilian communities and provide guidance to victims in obtaining those services. (b) Evaluation and review functions \nThe Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: (1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. (2) Evaluate the programs established by the military departments providing services to victims of interpersonal violence. (3) Evaluate the delivery of services by the military departments to victims of interpersonal violence. (4) Review the facilities of the military departments providing services to victims of interpersonal violence. (5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. (6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. (c) Policy functions \nThe Director of the Office of the Victim Advocate shall carry out the following policy functions: (1) Recommend to the Secretaries of the military departments policies, protocols, and programs to enhance services to victims. (2) Recommend changes to policies and procedures to address sexual misconduct and intimate partner violence. (3) Establish system accountability standards. (4) Develop protocols for accountability of commanders in response to incidents of violence. (5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. (d) Education and training functions \nThe Director of the Office of the Victim Advocate shall carry out the following education and training functions: (1) Conduct education and training within the armed forces. (2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. (3) Conduct programs of public education.", "id": "H605332223B98407E8789649ED20079FD", "header": "Office of the Victim Advocate: functions" }, { "text": "1813. Annual report \n(a) Report to the Secretary of Defense \nThe Director of the Office of the Victim Advocate shall submit to the Secretary of Defense an annual report containing an assessment of the current state of affairs within the military departments relative to interpersonal violence and sexual misconduct. The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. (b) Report to congress \nThe Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary’s comments thereon.", "id": "HECA1649D11464D989BA000E5A82808B2", "header": "Annual report" }, { "text": "3. Authorization of appropriations \nThere is authorized to be appropriated for fiscal year 2005 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victim Advocate in the Department of Defense.", "id": "H8FA1EB6166914490A789C1867FBA37D9", "header": "Authorization of appropriations" } ]

[ { "text": "1. Congressional findings \nThe Congress finds that: (1) Valid contracts based on free, fair, and arms length transactions should be respected, but contracts based on dishonest and fraudulent activities diminish trust in market transactions, hinder economic growth and do not warrant protection equal to that of fair and valid contracts. (2) The Enron Corporation and or agents of the Enron Corporation willfully engaged in manipulation of the electricity market in the Western Interconnect for many months during the years 2000 and 2001, creating the West Coast Energy Crisis. During the West Coast Energy Crisis, the Federal Energy Regulatory Commission failed to act in a timely manner in enforcing the Federal Power Act to ensure Just and Reasonable rates during the West Coast Energy Crisis. (3) During the West Coast Energy Crisis, the President of the United States, the Vice President of the United States, the Secretary of the Energy, and the Federal Energy Regulatory Commission repeatedly stated that the Federal Government would not take action to control the fraudulent prices of electricity, leaving many utilities no choice but to enter into fraudulent contracts with Enron.", "id": "H49D9144E7C94400689594B222C6458E", "header": "Congressional findings" }, { "text": "2. Fraudulent and manipulative market activities by Enron \n(a) Revocation of market rate authority \nThe Federal Energy Regulatory Commission shall issue an order revoking the authority granted to the Enron company (and any affiliate of the Enron company, the bankruptcy trustee for the company and any successor in interest to the Enron company or any affiliate thereof) to sell electric energy at market-based rates. Such revocation shall be effective retroactive to the date on which the commission determines that the Enron company initially engaged in the manipulation of prices for electric energy sales or engaged in any fraudulent activity with regard to such sales. (b) Claims for damages by Enron prohibited \nIn the case of any contract for the sale of electric energy or natural gas by the Enron company of any affiliate of the company which has been terminated by Enron or by the purchaser or under which the purchaser has ceased to accept delivery of electric energy or natural gas, the Federal Energy Regulatory Commission shall issue an order prohibiting the Enron company (and any affiliate of the Enron company, the bankruptcy trustee for the company and any successor in interest to the Enron company or any affiliate thereof) from enforcing any claim for monetary damages (including any penalty for contract termination) or from otherwise enforcing contract provisions against the purchaser.", "id": "H5FBF77EDA8894ACABCF618F257FBEA46", "header": "Fraudulent and manipulative market activities by Enron" } ]

[ { "text": "1. Suspension of duty on Nylosan red F-GS SGR \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: 9902.32.04 2-Naphthalenesulfonic acid, 7-[[4-chloro-6-(dodecylamino)-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-[(4-sulfophenyl)azo]phenyl]azo]-, disodium salt (CAS No. 145703-76-0) provided for in subheading 3204.12.45 Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE966E9C07A67435BBA5B229E51769B5C", "header": "Suspension of duty on Nylosan red F-GS SGR" } ]

[ { "text": "1. Charitable donations liability reform for in-kind corporate contributions \n(a) Definitions \nFor purposes of this section: (1) Aircraft \nThe term aircraft has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity \nThe term business entity means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (3) Equipment \nThe term equipment includes mechanical equipment, electronic equipment, and office equipment. (4) Facility \nThe term facility means any real property, including any building, improvement, or appurtenance. (5) Gross negligence \nThe term gross negligence means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (6) Intentional misconduct \nThe term intentional misconduct means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (7) Motor vehicle \nThe term motor vehicle has the meaning provided that term in section 30102(6) of title 49, United States Code. (8) Nonprofit organization \nThe term nonprofit organization means— (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (9) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Liability \n(1) Liability of business entities that donate equipment to nonprofit organizations \n(A) In general \nSubject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death that results from the use of equipment donated by a business entity to a nonprofit organization. (B) Application \nThis paragraph shall apply with respect to civil liability under Federal and State law. (2) Liability of business entities providing use of facilities to nonprofit organizations \n(A) In general \nSubject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization, if— (i) the use occurs outside of the scope of business of the business entity; (ii) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (iii) the business entity authorized the use of such facility by the nonprofit organization. (B) Application \nThis paragraph shall apply— (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of a facility. (3) Liability of business entities providing use of a motor vehicle or aircraft \n(A) In general \nSubject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring as a result of the operation of aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity, if— (i) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (ii) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (B) Application \nThis paragraph shall apply— (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of the aircraft or motor vehicle. (c) Exceptions \nSubsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct. (d) Superseding provision \n(1) In general \nSubject to paragraph (2) and subsection (e), this section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that this section shall not preempt any State law that provides additional protection for a business entity for an injury or death described in a paragraph of subsection (b) with respect to which the conditions specified in such paragraph apply. (2) Limitation \nNothing in this section shall be construed to supersede any Federal or State health or safety law. (e) Election of state regarding nonapplicability \nA provision of this section shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute— (1) citing the authority of this section; (2) declaring the election of such State that such provision shall not apply to such civil action in the State; and (3) containing no other provisions. (f) Effective date \nThis section shall apply to injuries (and deaths resulting therefrom) occurring on or after the date of the enactment of this Act.", "id": "H3FDB010F3278429695F8B7D636DD71F", "header": "Charitable donations liability reform for in-kind corporate contributions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Geothermal Energy Initiative Act of 2004.", "id": "H5FD7539C2C37483CA8BC612E5EF0CC5D", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Federal income tax credits have been established for production of energy from renewable energy resources, other than geothermal energy resources, including with respect to wind energy and closed-loop biomass energy. (2) The last national resource assessment of geothermal energy resource sites in the United States was completed in 1978. There have been substantial changes in technology and advances in geological science in the intervening 26 years. (3) Many Federal land management agencies, including the Bureau of Land Management and the Forest Service, are not aware of geothermal energy resources and fail to recognize geothermal energy resources in their land use planning process. Failure to recognize geothermal energy resources during the land use planning process poses significant delays in geothermal resource development. (4) The Bureau of Land Management has a backlog of 230 lease applications for prospecting for geothermal energy. The average age of these lease applications is 9 years. The oldest non-competitive application was received in 1974. (5) There appears to be a lack of focus and priority in the Bureau of Land Management concerning geothermal energy efforts. (6) Development of geothermal energy resources is environmentally safe and clean.", "id": "H26A07BECED8C40A7841C91297C9C02F4", "header": "Findings" }, { "text": "3. Credit for electricity produced from geothermal energy \n(a) In general \nSection 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking and at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) geothermal energy.. (b) Qualified Facility \nSection 45(c)(3) of such Code (defining qualified facility) is amended by inserting after subparagraph (E) the following new subparagraph: (D) Geothermal energy facility \nIn the case of a facility using geothermal energy to produce electricity, the term qualified facility means— (i) any facility owned by the taxpayer which is originally placed in service after December 31, 2004, and (ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2005, but only to the extent of its incremental production. If such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.. (c) Incremental production \nSection 45(d) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: (9) Definition and special rule with respect to incremental geothermal production \nFor purposes of subparagraph (D) of paragraph (3)— (A) In general \nThe term incremental production means, with respect to a facility described in subsection (c)(3)(D)(ii) for any taxable year, the excess of— (i) the total kilowatt hours of electricity produced from such facility, over (ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. (B) Special rule \nA facility which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent.. (d) Effective date \nThe amendments made by this section shall apply to electricity sold after December 31, 2004.", "id": "H0FBD84D72A024CD0BCFA821B3C009E1E", "header": "Credit for electricity produced from geothermal energy" }, { "text": "4. Assessment of geothermal energy resources \n(a) Resource assessment \nNot later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. (b) Contents of reports \nNot later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including— (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource; (2) an identification of any barriers to providing adequate transmission for remote sources of geothermal energy resources to current and emerging markets; (3) recommendations for removing or addressing such barriers; and (4) ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers. (c) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2005, 2006, and 2007.", "id": "H64DC631225354A1D8DAC296DDD6DC9D2", "header": "Assessment of geothermal energy resources" }, { "text": "5. Enhanced access to Federal lands for geothermal resource development \n(a) Revision of land use plans \n(1) Public lands \nThe Secretary of the Interior shall expedite development of geothermal energy in making revisions to land use plans under section 202 of the Federal Land Policy and Management Act of 1976 ( 42 U.S.C. 1712 ) while protecting other resources. (2) National Forest System lands \nThe Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) while protecting other resources. (3) Issuance of rights-of-way not affected \nNothing in this subsection shall preclude the issuance of a right-of-way for the development of a geothermal energy project prior to the revision of a land use plan by the appropriate land management agency. (b) Report to Congress \nWithin 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report shall include— (1) a 5-year plan developed by the Secretary of the Interior, in cooperation with the Secretary of Agriculture, for encouraging the development of geothermal energy on Federal land in an environmentally sound manner; (2) an analysis of— (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions to promote geothermal energy development on Federal land; and (C) any problems, including environmental concerns, that the Secretary of the Interior or the Secretary of Agriculture has encountered in managing geothermal energy projects on Federal land, or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development.", "id": "H571F05D120154E71B4009B77697707EF", "header": "Enhanced access to Federal lands for geothermal resource development" }, { "text": "6. Consultation regarding geothermal leasing and permitting on public lands \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this section regarding leasing and permitting, for geothermal development, of public lands under their respective administrative jurisdictions. (b) Lease and permit applications \nThe memorandum of understanding shall include provisions that— (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) as a land use; (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and timeframes for application processing; (3) provide that the Secretary concerned shall— (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the application, before the end of such 14-day period, provide written notification to the lease applicant that the application is being returned to the applicant without processing and an itemization of the deficiencies in the application that prevent processing; (4) provide that the Secretary concerned shall within 30 days after receiving a lease application, provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit processing, and timeframes for permit processing. (c) Five-year leasing plan \nThe memorandum of understanding shall develop a 5-year plan for leasing under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) of public land in the National Forest System. The plan for geothermal leasing shall be updated every 5 years. (d) Data retrieval system \nThe memorandum of understanding shall establish a joint data retrieval system that is capable of— (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.", "id": "H40DBA3B0701446E69226866F4B47B166", "header": "Consultation regarding geothermal leasing and permitting on public lands" }, { "text": "7. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.. (b) Application \nThe amendment made by this section shall apply with respect to any lease entered into before, on, or after the date of the enactment of this Act. (c) Deadline for regulations \nThe Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act.", "id": "HC91D4737A17442F400943CD5FDE5552B", "header": "Reimbursement for costs of nepa analyses, documentation, and studies" }, { "text": "30. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.", "id": "H91AFB905718E47C9B0186189C030001D", "header": "Reimbursement for costs of nepa analyses, documentation, and studies" }, { "text": "8. Authorization of appropriations \nTo carry out section 5 through 7 there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary.", "id": "HAF1078BCE5214544AD5836FBE36B6C09", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Pay Back America Act of 2004.", "id": "H77DBBF46E4124978A82674EED7C70993", "header": "Short title" }, { "text": "2. Imposition of excise tax on international transportation by water \n(a) In General \nChapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter B the following new subchapter: C International transportation by water \nSec. 4475. Imposition of tax Sec. 4476. Definitions 4475. Imposition of tax \n(a) In General \nThere is hereby imposed a tax of $3 per passenger on a covered international voyage. (b) By Whom Paid \nThe tax imposed by this section shall be paid by the person providing the covered international voyage. (c) Time of Imposition \nThe tax imposed by this section shall be imposed only once for each passenger on a covered international voyage, either at the time of first embarkation or disembarkation in the United States. 4476. Definitions \nFor purposes of this subchapter— (1) Covered international voyage \nThe term covered international voyage means a voyage of a commercial passenger vessel if— (A) such voyage extends over 1 or more nights, (B) passengers embark or disembark the vessel in the United States, and (C) passengers embark or disembark the vessel outside the United States. Such term shall not include any voyage of any vessel owned or operated by the United States, a State, or any agency or subdivision thereof. (2) Passenger vessel \nThe term passenger vessel means any vessel having berth or stateroom accommodations for more than 16 passengers.. (b) Conforming Amendment \nSection 6806 of such Code is amended by striking subchapter B of chapter 36 and inserting subchapter B or C of chapter 36. (c) Effective Date \nThe amendments made by this section shall apply to passengers embarking or disembarking in the United States after the date of the enactment of this Act.", "id": "H31AACD4F698446D386199CBBFCE8A37D", "header": "Imposition of excise tax on international transportation by water" }, { "text": "4475. Imposition of tax \n(a) In General \nThere is hereby imposed a tax of $3 per passenger on a covered international voyage. (b) By Whom Paid \nThe tax imposed by this section shall be paid by the person providing the covered international voyage. (c) Time of Imposition \nThe tax imposed by this section shall be imposed only once for each passenger on a covered international voyage, either at the time of first embarkation or disembarkation in the United States.", "id": "HFF25694077224AECAE85CA19526CBB33", "header": "Imposition of tax" }, { "text": "4476. Definitions \nFor purposes of this subchapter— (1) Covered international voyage \nThe term covered international voyage means a voyage of a commercial passenger vessel if— (A) such voyage extends over 1 or more nights, (B) passengers embark or disembark the vessel in the United States, and (C) passengers embark or disembark the vessel outside the United States. Such term shall not include any voyage of any vessel owned or operated by the United States, a State, or any agency or subdivision thereof. (2) Passenger vessel \nThe term passenger vessel means any vessel having berth or stateroom accommodations for more than 16 passengers.", "id": "HD3575A76F81B420BBF00F639F68B7E80", "header": "Definitions" }, { "text": "3. Establishment of trust funds \n(a) In General \nChapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sections: 9511. Caribbean ports and infrastructure protection trust fund \n(a) Creation of trust fund \nThere is established in the Treasury of the United States a trust fund to be known as the Caribbean Ports and Infrastructure Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund \nThere are hereby appropriated to the Caribbean Ports and Infrastructure Protection Trust Fund amounts equivalent to 32 percent of the taxes received in the Treasury under subchapter C of chapter 36 (relating to international transportation by water). (c) Expenditures from trust fund \nThe Secretary shall make payments, not less frequently than annually, from the Caribbean Ports and Infrastructure Protection Trust Fund to— (1) the Bahamas, Cayman Islands, Barbados, Jamaica, Saint Lucia, and Grenada, each in an amount equivalent to the sum of— (A) 3 percent of the taxes received in the Treasury under subchapter C of chapter 36, and (B) any amount credited to such fund under section 9602(b) which is attributable to the amount described in subparagraph (A), and (2) Antigua and Barbuda, Belize, British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and Turks and Caicos Islands, each in an amount equivalent to the sum of— (A) 1 percent of the taxes received in the Treasury under subchapter C of chapter 36, and (B) any amount credited to such fund under section 9602(b) which is attributable to the amount described in subparagraph (A). 9512. Water and marine wildlife protection trust fund \n(a) Creation of trust fund \nThere is established in the Treasury of the United States a trust fund to be known as the Water and Marine Wildlife Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund \nThere are hereby appropriated to the Water and Marine Wildlife Protection Trust Fund amounts equivalent to 33 percent of the taxes received in the Treasury under subchapter C of chapter 36 (relating to international transportation by water). (c) Expenditures from trust fund \nAmounts in the Water and Marine Wildlife Protection Trust Fund shall be available, as provided in appropriation Acts, for the purposes of making expenditures to carry out environmental programs which provide for the clean up of waste in the oceans or the enforcement of restrictions on the dumping of waste in the oceans.. (b) Clerical amendment \nThe table of sections for chapter 98 of such Code is amended by adding at the end the following new items: Sec. 9511. Caribbean Ports and Infrastructure Protection Trust Fund Sec. 9512. Water and Marine Wildlife Protection Trust Fund.", "id": "HC569F9A249FD426794BF4917EAFFBF02", "header": "Establishment of trust funds" }, { "text": "9511. Caribbean ports and infrastructure protection trust fund \n(a) Creation of trust fund \nThere is established in the Treasury of the United States a trust fund to be known as the Caribbean Ports and Infrastructure Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund \nThere are hereby appropriated to the Caribbean Ports and Infrastructure Protection Trust Fund amounts equivalent to 32 percent of the taxes received in the Treasury under subchapter C of chapter 36 (relating to international transportation by water). (c) Expenditures from trust fund \nThe Secretary shall make payments, not less frequently than annually, from the Caribbean Ports and Infrastructure Protection Trust Fund to— (1) the Bahamas, Cayman Islands, Barbados, Jamaica, Saint Lucia, and Grenada, each in an amount equivalent to the sum of— (A) 3 percent of the taxes received in the Treasury under subchapter C of chapter 36, and (B) any amount credited to such fund under section 9602(b) which is attributable to the amount described in subparagraph (A), and (2) Antigua and Barbuda, Belize, British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and Turks and Caicos Islands, each in an amount equivalent to the sum of— (A) 1 percent of the taxes received in the Treasury under subchapter C of chapter 36, and (B) any amount credited to such fund under section 9602(b) which is attributable to the amount described in subparagraph (A).", "id": "H7DC29D1DDE2E4C3789B3BBDD514F19CF", "header": "Caribbean ports and infrastructure protection trust fund" }, { "text": "9512. Water and marine wildlife protection trust fund \n(a) Creation of trust fund \nThere is established in the Treasury of the United States a trust fund to be known as the Water and Marine Wildlife Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund \nThere are hereby appropriated to the Water and Marine Wildlife Protection Trust Fund amounts equivalent to 33 percent of the taxes received in the Treasury under subchapter C of chapter 36 (relating to international transportation by water). (c) Expenditures from trust fund \nAmounts in the Water and Marine Wildlife Protection Trust Fund shall be available, as provided in appropriation Acts, for the purposes of making expenditures to carry out environmental programs which provide for the clean up of waste in the oceans or the enforcement of restrictions on the dumping of waste in the oceans.", "id": "H7B5B811DFAD341C2A4E501FD88F083C8", "header": "Water and marine wildlife protection trust fund" }, { "text": "4. Requirements relating to prevention of pollution from vessels \n(a) Findings \nThe Congress finds the following: (1) Pollution prevention devices required on vessels are designed to reduce pollution. If they malfunction or are not functioning then they cannot prevent pollution. (2) Ensuring that these anti-pollution devices are functioning will ensure a reduction in pollution and will also give authorities advanced warning of pollution that has occurred. (3) Requiring biannual inspections of pollution prevention equipment on vessels will ensure that such equipment is fully operational and can ensure that it will perform its designed task to its full potential. (4) Department of Justice officials have found in a number of cases fabricated entries in vessel oil record books that give a false sense of compliance with MARPOL discharge limitations. (5) Recording shore-side disposal of garbage and sludge from vessels will help to identify violators and help to deter others from unlawful discharges at sea. (6) Making violations of this Act a felony will have a deterrent effect. Imposing stiff fines will also accomplish that goal. (b) Toll-free telephone number for reporting illegal dumping \nThe Secretary of the department in which the Coast Guard is operating shall prescribe regulations by not later than 6 months after the date of the enactment of this Act that require— (1) that each cruise vessel that enters a port or place in the United States while operating in the foreign or domestic commerce of the United States must have posted, in elevators and other common areas of the vessel, a notice stating— (A) that any passenger who witnesses illegal dumping from the vessel into waters of the United States may report that dumping to the Coast Guard by calling a toll-free telephone number of the National Response Center or another appropriate office of the Coast Guard; and (B) such telephone numbers; and (2) that the notice prescribed under paragraph (1) must be included on each ticket for carriage of a passenger on such a vessel in such commerce. (c) Prohibitions \nIt shall be unlawful— (1) for any vessel to enter a port or place in the United States if— (A) the vessel does not have on board all pollution prevention equipment otherwise required by law that functions in proper functioning condition; or (B) does not comply with requirements that apply to the vessel under regulations prescribed under subsection (b); (2) to make any false entry in— (A) any oil record book for a vessel; or (B) any record of a vessel of shore-side disposal of garbage or sludge from the vessel; (3) to operate any cruise vessel in the foreign or domestic commerce of the United States that does not comply with any requirement that applies to the vessel under regulations prescribed subsection (b); or (4) to sell a ticket referred to in paragraph (2) of subsection (b) that does not include any notice required under regulations prescribed under subsection (b). (d) Inspections \nThe Secretary of the department in which the Coast Guard is operating shall biannually inspect each vessel that is documented under the laws of the United States to determine whether— (1) the vessel has on board all pollution prevention equipment required under subsection (c); (2) such equipment functions properly; and (3) in the case of a cruise vessel, the vessel complies with requirements that apply to the vessel under regulations prescribed under subsection (b). (e) Penalty \nAny person that violates this section, and the owner or operator of a vessel that violates this section, shall be fined under title 18, United States Code, or imprisoned for one year and a day (or such longer period as may apply under another provision of law), or both. (f) Relationship to other law \nThis section is not intended to affect the application of any other provision of law. (g) Definitions \nIn this section: (1) Cruise vessel \n(A) In general \nThe term cruise vessel means a passenger vessel (as defined in section 2101(22) of title 46, United States Code), that— (i) is authorized to carry at least 250 passengers; and (ii) has onboard sleeping facilities for each passenger. (B) Exclusions \nThe term cruise vessel does not include— (i) a vessel of the United States operated by the Federal Government; or (ii) a vessel owned and operated by the government of a State. (2) Passenger \n(A) In general \nThe term passenger means any person on board a cruise vessel for the purpose of travel. (B) Inclusions \nThe term passenger includes— (i) a paying passenger; and (ii) a staffperson, such as a crew member, captain, or officer.", "id": "H4582D31E38DD4CF4ADCDBD2516338C4F", "header": "Requirements relating to prevention of pollution from vessels" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Airport Noise Curfew Act of 2004.", "id": "H1EDBB3FA62CD4D01A942270095789369", "header": "Short title" }, { "text": "2. Establishment \nThere is established a commission to be known as the Airport Noise Curfew Commission (in this Act referred to as the Commission ).", "id": "HDCFC7841D0E044ED89B614E55ED3C375", "header": "Establishment" }, { "text": "3. Duties of commission \nThe Commission shall study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours.", "id": "HD754AB1471B647BF855D095C0064037D", "header": "Duties of commission" }, { "text": "4. Membership \n(a) Number and appointment \nThe Commission shall be composed of 9 members as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 3 members appointed by the President pro tempore of the Senate. (3) The Administrator of the Environmental Protection Agency (or the Administrator's designee). (4) The Administrator of the Federal Aviation Administration (or the Administrator's designee). (b) Qualifications \nOne of the members appointed under each of subsections (a)(1) and (a)(2) shall be a representative of the aviation industry. The other members appointed under such subsections shall be private citizens not involved in the aviation industry. (c) Chairperson \nThe Chairperson of the Commission shall be elected by the members from among the members appointed under subsections (a)(1) and (a)(2) who are private citizens not involved in the aviation industry. (d) Vacancies \nA vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay \n(1) Rates of pay \nTo the extent or in the amounts provided in advance in appropriation Acts and except as provided in paragraph (2), members of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees \nMembers of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel expenses \nEach member 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.", "id": "HF7DBAC99A88446F5A6C25AF1F34DC6B", "header": "Membership" }, { "text": "5. Staff of commission \n(a) Staff \nSubject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of certain civil service laws \nThe staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Experts and consultants \nSubject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule. (d) Staff of federal agencies \nUpon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act.", "id": "H80C5FD1EA4C7453FA433B6E176C87051", "header": "Staff of commission" }, { "text": "6. Powers of commission \n(a) Hearings and sessions \nThe Commission may, for the purpose of carrying out its duties and functions under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Obtaining official data \nThe Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (e) Administrative support services \nUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena power \nThe Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States.", "id": "H337A29149D024649BFDFBA6CB781BF7F", "header": "Powers of commission" }, { "text": "7. Report \nNot later than 6 months after the date of enactment of this Act, the Commission shall transmit to Congress a report on its findings and recommendations.", "id": "H3DC6BB633BB949E3BCED64DF339296", "header": "Report" }, { "text": "8. Termination \nThe Commission shall terminate on the date of transmission of its report under section 7.", "id": "HBD6AED708066425592A074EDA6C5005F", "header": "Termination" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Selective Service Registration Termination Act.", "id": "H030B3F9F247E4E2590F4B78BCB110083", "header": "Short title" }, { "text": "2. Termination of Military Selective Service Act registration requirement \n(a) Registration termination \nSection 17 of the Military Selective Service Act ( 50 U.S.C. App. 467 ) is amended by adding at the end the following new subsection: (d) Termination of registration requirement \nNotwithstanding any other provisions of this title, on and after the date of the enactment of the Selective Service Registration Termination Act (except in the event of a declaration of war by the Congress), no person shall be registered for possible induction for training and service in the Armed Forces, including persons who were subject to such registration requirements before that date but who had not complied with such registration requirements by that date.. (b) Suspension of sanctions for persons previously subject to registration \nSection 12 of such Act ( 50 U.S.C. App. 462 ) is amended by adding at the end the following new subsection: (h) In addition to the exception provided by subsection (g), a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under section 3 before the date of the enactment of the Selective Service Registration Termination Act.. (c) Suspension of local boards, appeal boards, and other Selective Service System agencies \nSection 10 of such Act ( 50 U.S.C. App. 460 ) is amended by adding at the end the following new subsection: (i) During any period in which the registration requirements of section 3 are terminated, the President may not appoint a person as a member of a civilian local board, civilian appeal board, or similar local agency of the Selective Service System and any such board established under subsection (b)(3) may not meet..", "id": "H4085E488BEA14DE9BA2B58B16800B85", "header": "Termination of Military Selective Service Act registration requirement" } ]

[ { "text": "1. Prohibition on operation of medicare Comparative Cost Adjustment (CCA) program in New Mexico \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 New Mexico \nA CCA area shall not include an MSA any portion of which is within the State of New Mexico.. (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.", "id": "H3E246C05DE49453C8BA68D1032B9A66E", "header": "Prohibition on operation of medicare Comparative Cost Adjustment (CCA) program in New Mexico" } ]

[ { "text": "1. Equity for surviving spouses of members of the Armed Forces dying on active duty during the period beginning on September 11, 2001, and ending on November 23, 2003 \nSubparagraph (B) of section 1448(d)(2) of title 10, United States Code, as added by section 645(a)(1) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1518), is amended by striking the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 and inserting September 11, 2001,.", "id": "HCC06DF2DE16148F9AF004C950074EA4E", "header": "Equity for surviving spouses of members of the Armed Forces dying on active duty during the period beginning on September 11, 2001, and ending on November 23, 2003" } ]

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

[ { "text": "1. Limitation of Deduction for Charitable Contributions of Patents and Similar Property \n(a) In General \nSubparagraph (B) of section 170(e)(1) of the Internal Revenue Code of 1986 (relating to certain contributions of capital gain property) is amended by striking or at the end of clause (i), by inserting or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) except as provided in paragraph (7), of any patent, copyright, trademark, trade name, trade secret, know-how, software, or similar property,. (b) Special Rule \nSection 170(e) of such Code is amended by adding at the end the following new paragraph: (7) Special Rule for certain contributions of patents, copyrights, etc \n(A) Exception for contributions to qualified research organizations \nSubparagraph (B) of paragraph (1) shall not apply to any qualified contribution to a qualified research organization. (B) Qualified research organization defined \nFor purposes of this paragraph, the term qualified research organization means an organization that applies its expertise to the scientific and commercial development of qualified contributions and is described in clause (iii), (iv), or (vi) of subsection (b)(1)(A) or subparagraph (A), (B), or (C) of section 41(e)(6). (C) Qualified contribution defined \nFor purposes of this paragraph, a contribution of property described in paragraph (1)(B)(iii) shall be treated as a qualified contribution only if— (i) such contribution is a gift of all right, title, and interest in and to property described in clause (iii) of paragraph (1)(B), (ii) the donor and donee of any cash or cash equivalent in connection with such contribution agree to limit the use of such cash or cash equivalent to costs of patent prosecution or maintenance and the scientific and commercial development of qualified donations in general, and (iii) under regulations prescribed by the Secretary, the donor of the qualified contribution discloses both the contribution described in clause (i) and a complete description of the terms of any restricted cash or cash equivalents grant described in clause (ii) on its income tax return for the taxable year during which such contribution is made.. (c) Qualified appraisal required \n(1) In general \nThe Secretary of the Treasury shall prescribe regulations or other guidance under section 170(a)(1) of the Internal Revenue Code of 1986 requiring the donor of property described in section 170(e)(1)(B)(iii) of such Code to obtain one or more qualified appraisals of the fair market value of such property by a qualified appraiser or appraisers. (2) Qualified appraiser \nFor purposes of paragraph (1), the term qualified appraiser means an appraiser who has valuation credentials and experience in appraising such property, who is not an employee of the donor or donee, and who satisfies any professional valuation education and qualification requirements that are prescribed by the Secretary. (3) Qualified appraisal \nFor purposes of paragraph (1), the term qualified appraisal means an appraisal that satisfies the requirements (without regard to any value limitation) for a qualified appraisal under section 170(a)(1) of such Code (as in effect on the date of the enactment of this Act), with the following modifications: (A) The valuation methodologies to be used shall be those prescribed by the Secretary. (B) The appraisal shall take into account the competitive patent environment and remaining life of a donated patent. (C) The valuation of property described in section 170(e)(7) of such Code shall take into account the potential use of such property by any qualified donee, including the value to be generated through further technology development and commercialization by the donee and potential licensees of the property. (D) If the value of the property exceeds $5,000,000, a second appraisal prepared by a qualified appraiser independently selected by a professional organization designated by the Secretary shall be required. (E) The donee shall acknowledge receipt of the appraisal summary required to be filed by the donor. (F) The amount of any cash or cash equivalent grant described in section 170(e)(7)(C)(ii) of such Code and a complete description of the terms of any such grant shall be fully described in the information returns of the donee organization for the taxable year of receipt and subsequent taxable years, as required by the Secretary. (d) Anti-abuse rules \nThe Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to prevent the avoidance of the purposes of paragraphs (1)(B)(iii) and (7) of section 170(e) of such Code (as added by this section), including preventing— (1) the circumvention of the reduction of the deduction under such section by embedding or bundling the patent or similar property as part of a charitable contribution of property that includes the patent or similar property, (2) the manipulation of the basis of the property to increase the amount of the charitable deduction through the use of related persons, pass-thru entities, or other intermediaries, or through the use of any provision of law or regulation (including the consolidated return regulations), and (3) a donor from changing the form of the patent or similar property to property of a form for which different deduction rules would apply. (e) Effective Date \n(1) In general \nExcept as provided by paragraph (2), the amendments made by this section shall apply to contributions made after the date of the enactment of this Act. (2) Appraisals \nSubsection (c) shall apply to contributions made after the date of adoption of regulations, or date of issuance of guidance, required by subsection (c), whichever is earlier.", "id": "H405133F63CB8445EAE71DAD5B7412C74", "header": "Limitation of Deduction for Charitable Contributions of Patents and Similar Property" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Keep the Promise of Medicare Act of 2004.", "id": "H60E6E60EDD084753A8A061B93FAE812", "header": "Short title" }, { "text": "2. Stabilization of medicare part b premium \nSection 1839(a)(3) of the Social Security Act ( 42 U.S.C. 1395r(a)(3) ) is amended by adding at the end the following new sentence: Notwithstanding the preceding sentences, the monthly premium rate determined under this paragraph for each month in 2005 may not exceed an amount equal to the monthly premium rate determined under this paragraph for each month in 2004 adjusted by the percentage change in the average Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W) for the third quarter of 2003 to the third quarter of 2004..", "id": "H14F553403480459799BBE0E821977EE", "header": "Stabilization of medicare part b premium" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Telephone Tax Relief for Seniors Act.", "id": "H5C82F221300444D38BB68C77017C6EE3", "header": "Short title" }, { "text": "2. Communications excise tax \n(a) Exemption \nSection 4253 of the Internal Revenue Code of 1986 is amended by redesignating subsection (k) as subsection (l) and inserting after subsection (j) the following new subsection: (k) Exemption for low-income senior citizens \nNo tax shall be imposed under section 4251 on any amount paid by a low-income senior citizen for services furnished to such individual. For purposes of this subsection, the term low-income senior citizen means an individual who is certified as such by the Federal Communications Commission.. (b) Conforming amendment \nSection 4253(l) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking or (j) and inserting (j), or (k). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.", "id": "HB4AC57E008EA46978FA0ED487B8784BF", "header": "Communications excise tax" }, { "text": "3. Telephone service fees and charges \n(a) Exemption for low-income senior citizens \nA telecommunications carrier shall not require a subscriber of the carrier’s telephone exchange service or telephone toll service who is certified by the Federal Communications Commission as a low-income senior citizen to pay— (1) a fee or other charge collected for the purpose of contributing to the preservation or advancement of universal service pursuant to section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ); (2) a subscriber line charge or any other per line fee or charge collected for the purpose of recovering some of the costs to the local exchange carrier of connecting the telephone exchange network to telephone toll service; or (3) a local number portability charge. The fees and other charges described in this subsection shall not include fees or charges imposed by State or local governments. (b) Implementation \nThe Federal Communications Commission shall implement subsection (a) by amending its regulations not later than 180 days after the date of enactment of this Act. (c) Definitions \nFor purposes of this Act— (1) the term low-income senior citizen means an individual age 65 or older who has an income which does not exceed 200 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget; and (2) the terms local exchange carrier , telecommunications carrier , telephone exchange service , and telephone toll service have the meanings given to those terms in section 153 of the Communications Act of 1934 ( 47 U.S.C. 153 ).", "id": "H9428767ADCEF480B9FEC466B6D439CB8", "header": "Telephone service fees and charges" }, { "text": "4. Authorization of appropriations \nThere are authorized to be appropriated to the Federal Communications Commission $20,000,000 for the purpose of educating low-income senior citizens about the benefits to which they are entitled pursuant to this Act.", "id": "H15C8CED1D07143A4A7862C8480DE7692", "header": "Authorization of appropriations" } ]

[ { "text": "1. Suspension of Duty on Diresul Tan RDT-RW Liquid \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: 9902.35.05 Diresul Tan RDT-RW Liquid (leuco sulfur dye) (CAS No. 1326-49-4) (provided for in subheading 3204.19.50 Free No change No change On or before 12/31/2008 (b) Effective Date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HFC5A4F16AFC04224919601004C4E05AD", "header": "Suspension of Duty on Diresul Tan RDT-RW Liquid" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Ballona Bluff Protection Act.", "id": "H81568CA1434F48ED8DF566F189DB06B5", "header": "Short title" }, { "text": "2. National park service study regarding ballona bluff in los angeles, california \n(a) Findings \nCongress finds the following: (1) Ballona Bluff is the last undeveloped bluff top of the Ballona Escarpment, a natural formation that stretches approximately 3.5 miles from Santa Monica Bay to the Centinela Pass. (2) Ballona Bluff is the last undeveloped upland habitat of the Ballona wetlands system. (3) Ballona Bluff provides foraging, nesting, and resting habitat for many species of birds and other wildlife. (4) Human occupation of Ballona Bluff began at least 6500 years ago. (5) Ballona Bluff contained a site determined to be eligible for inclusion in the National Register of Historic Places. (6) Human remains and grave-associated artifacts have been discovered on Ballona Bluff. (7) Ballona Bluff possesses commanding views of the Los Angeles Basin from Santa Monica Bay to the San Gabriel Mountains. (8) The public has enjoyed the passive recreational use of Ballona Bluff for half a century. These recreational activities have included hiking, jogging, and viewing wildlife. (b) Definitions \nFor the purposes of this section: (1) Ballona bluff \nThe term Ballona Bluff means the approximately 44 acres of land known by that name and also known as West Bluffs and located west of Lincoln Boulevard between Marina del Rey and Los Angeles International Airport in Los Angeles, California. (2) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (c) Study \nThe Secretary shall, in consultation with the State of California— (1) carry out a study regarding the suitability and feasibility of designating Ballona Bluff as a unit of the National Park System; and (2) consider management alternatives for Ballona Bluff. (d) Study process and completion \nExcept as provided by subsection (e) of this section, section 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. (e) Submission of study results \nNot later than 1 year after the date of the enactment of this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study.", "id": "HB82A068563B44116A749F02987077D00", "header": "National park service study regarding ballona bluff in los angeles, california" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Election Integrity Act of 2004.", "id": "H3B057B6743624E13AF057E0076C5281", "header": "Short title" }, { "text": "2. Requiring Proof of Citizenship to Accompany Application For Voter Registration \n(a) Application Provided With Motor Vehicle License Application \nSection 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg—3(c)(2)) is amended— (1) in subparagraph (B), by striking may require and inserting in addition to the information required under subparagraph (E), may require ; (2) by striking and at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: (E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (b) Mail-in Form \nSection 9(b) of such Act (42 U.S.C. 1973gg—7(b)) is amended— (1) in paragraph (1), by striking may require and inserting consistent with paragraph (5), may require ; (2) by striking and at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ; and ; and (4) by adding at the end the following new paragraph: (5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (c) Special Rules For States Without Registration Requirement and States Permitting Same-Day Registration \n(1) In general \nSection 8 of such Act (42 U.S.C. 1973gg—6) is amended— (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: (j) Requirement for Proof of Citizenship in States Without Registration Requirement and States Permitting Same-Day Registration \n(1) States without registration requirement \nIn the case of a State described in section 4(b)(1), the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State. (2) States permitting same-day registration \nIn the case of a State described in section 4(b)(2), the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (2) Conforming amendment \nSection 4(b) of such Act ( 42 U.S.C. 1973gg–2(b) ) is amended by striking This Act and inserting Except as provided in section 8(j), this Act.", "id": "HD7750E72FF0448C0A548E9B168D4F742", "header": "Requiring Proof of Citizenship to Accompany Application For Voter Registration" }, { "text": "3. Requiring Voters to Provide Photo Identification \n(a) In General \nSection 303(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b) ) is amended— (1) in the heading, by striking for Voters Who Register by Mail and inserting for Providing Photo Identification ; and (2) by striking paragraphs (1) through (3) and inserting the following: (1) Individuals voting in person \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current and valid photo identification. (2) Individuals voting by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identification.. (b) Conforming Amendments \nSection 303 of such Act ( 42 U.S.C. 15483 ) is amended— (1) in the heading, by striking for voters who register by mail and inserting for Providing Photo Identification ; and (2) in subsection (c), by striking subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) and inserting subsection (a)(5)(A)(i)(II). (c) Clerical Amendment \nThe table of contents of such Act is amended by amending the item relating to section 303 to read as follows: Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification. (d) Effective Date \nSection 303(d) of such Act ( 42 U.S.C. 15483(d) ) is amended to read as follows: (d) Requirement to provide photo identification \nSubsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office..", "id": "H7F95AAD224E04F348B43EAC43CCBB3C0", "header": "Requiring Voters to Provide Photo Identification" }, { "text": "4. Effective Date \nThis Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.", "id": "HEDC626F3881C4AB5BF5B4F59BB43B333", "header": "Effective Date" } ]

[ { "text": "1. Grant program \n(a) Establishment \nThe Director of the National Science Foundation shall establish a program to award competitive grants, in coordination with the Secretary of Education, to institutions of higher education for increased education and job training of United States nationals who are undergraduate or graduate students in mathematics, science, engineering, and technology. The grants shall be provided to applicants who demonstrate that they will institute creative and innovative methods of encouraging students to study and enter into careers focused on mathematics, science, engineering, and technology. (b) Required elements \nEach application for a grant under this Act shall include— (1) financial incentives to students entering and persisting in the study of mathematics, science, engineering, and technology, which may include scholarships and stipends to students wishing to pursue undergraduate or graduate studies in mathematics, science, engineering, or technology degree programs; (2) a commitment to expose students to different industries through internships, fellowships, part-time work, mentors, or any other mechanism that the institution of higher education considers appropriate to make students more aware of opportunities in mathematics, science, engineering, and technology careers; and (3) a commitment to increase the number of traditionally underrepresented students in mathematics, science, engineering, and technology. (c) Purposes \nA recipient of a grant under this Act may use such funds for major research equipment, facilities construction, repair and upgrades, textbooks, and other purposes necessary to create a quality mathematics, science, engineering, or technology academic program. Recipients may also use such funds to create interdisciplinary programs in mathematics, science, engineering, and technology to better meet rapidly changing needs in emerging fields.", "id": "H4570648A7AFA47A89CDA8F847D1B5B3", "header": "Grant program" }, { "text": "2. Authorization of appropriations \nThere are authorized to be appropriated to the National Science Foundation for carrying out this Act such sums as may be necessary for fiscal years 2005 through 2009.", "id": "H7125DE6E26C14F87B2D06F8FA1B62025", "header": "Authorization of appropriations" }, { "text": "3. Definition \nFor purposes of this Act, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H787109E71B8847059643ED4020CC2413", "header": "Definition" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Extremely Hazardous Materials Transportation Security Act of 2004.", "id": "HA088D476139546A1A316088C449433FB", "header": "Short title" }, { "text": "2. Rulemaking \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal, State, and local government entities, security experts, representatives of the hazardous materials shipping industry and labor unions representing persons who work in the hazardous materials shipping industry, and other interested persons, shall issue, after notice and opportunity for public comment, regulations concerning the shipping of extremely hazardous materials. (b) Purposes of Regulations \nThe regulations shall be consistent, to the extent the Secretary determines appropriate, with and not duplicative of other Federal regulations and international agreements relating to the shipping of extremely hazardous materials and shall require— (1) physical security measures for such shipments, such as the use of passive secondary containment of tanker valves, additional security force personnel, and surveillance technologies and barriers; (2) concerned Federal, State, and local law enforcement authorities (including, if applicable, transit, railroad, or port authority police agencies) to be informed before an extremely hazardous material is transported within, through, or near an area of concern; (3) coordination with Federal, State, and local law enforcement authorities to create response plans for a terrorist attack on a shipment of extremely hazardous materials; (4) the use of currently available technologies and systems to ensure effective and immediate communication between transporters of extremely hazardous materials, law enforcement authorities and first responders; (5) comprehensive and appropriate training in the area of extremely hazardous materials transportation security for all individuals who transport, load, unload, or are otherwise involved in the shipping of extremely hazardous materials or who would respond to an accident or incident involving a shipment of extremely hazardous material or would have to repair transportation equipment and facilities in the event of such an accident or incident; and (6) for the transportation of extremely hazardous materials through or near an area of concern, the Secretary to determine whether or not the transportation could be made by one or more alternate routes at lower security risk and, if the Secretary determines the transportation could be made by an alternate route, the use of such alternate route, except when the origination or destination of the shipment is located within the area of concern. (c) Judicial relief \nA person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials and violates or fails to comply with a regulation issued by the Secretary under this section may be subject, in a civil action brought in United States district court, for each shipment with respect to which the violation occurs— (1) to an order for injunctive relief; or (2) to a civil penalty of not more than $100,000. (d) Administrative penalties \n(1) Penalty orders \nThe Secretary may issue an order imposing an administrative penalty of not more than $1,000,000 for failure by a person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials to comply with a regulation issued by the Secretary under this section. (2) Notice and hearing \nBefore issuing an order described in paragraph (1), the Secretary shall provide to the person against whom the penalty is to be assessed— (A) written notice of the proposed order; and (B) the opportunity to request, not later than 30 days after the date on which the person receives the notice, a hearing on the proposed order. (3) Procedures \nThe Secretary may issue regulations establishing procedures for administrative hearings and appropriate review of penalties issued under this subsection, including necessary deadlines.", "id": "H3C6E572312A94D6D8B051FD7C795F924", "header": "Rulemaking" }, { "text": "3. Whistleblower protection \n(a) In general \nNo person involved in the shippping of extremely hazardous materials may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person— (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law, rule or regulation related to the security of shipments of extremely hazardous materials, or any other threat to the security of shipments of extremely hazardous materials, when the information or assistance is provided to or the investigation is conducted by— (A) a Federal regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, discover, or terminate misconduct); (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule or regulation related to the security of shipments of extremely hazardous materials or any other threat to the security of shipments of extremely hazardous materials; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of shipments of extremely hazardous materials. (b) Enforcement action \n(1) In general \nA person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by— (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure \n(A) In general \nAn action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (B) Exception \nNotification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person's employer. (C) Burdens of proof \nAn action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations \nAn action under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs. (c) Remedies \n(1) In general \nA person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages \nRelief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the person would have had, but for the discrimination; (B) the amount of any back pay, with interest; and (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (d) Rights retained by person \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement.", "id": "H4A14DC61FEEB4FEBBE8E00A7A7D72DF", "header": "Whistleblower protection" }, { "text": "4. Definitions \nIn this Act, the following definitions apply: (1) Extremely hazardous material \nThe term extremely hazardous material means— (A) a material that is toxic by inhalation; (B) a material that is extremely flammable; (C) a material that is highly explosive; and (D) any other material designated by the Secretary to be extremely hazardous. (2) Area of concern \nThe term area of concern means an area that the Secretary determines could pose a particular interest to terrorists.", "id": "H3CF93333922646229395B5C3CBA37821", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Christopher Kangas Fallen Firefighter Apprentice Act.", "id": "H21398BD7CCDA4C6CB531FB7BA48EFD43", "header": "Short title" }, { "text": "2. Expansion of definition of firefighter to include apprentices and trainees \nSection 1204(4) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b(4) ) is amended by inserting , regardless of age, status as an apprentice or trainee, or duty restrictions imposed because of age or status as an apprentice or trainee, after fire department.", "id": "H3000319129304826A2E3AAFFBFE8D459", "header": "Expansion of definition of firefighter to include apprentices and trainees" }, { "text": "3. Effective date \nThe amendment made by this Act shall apply with respect to deaths and injuries which occur on or after May 4, 2002.", "id": "HB2C8FC9495C547A4A13CED04D4622EED", "header": "Effective date" } ]

[ { "text": "1. Lieutenant John F. Finn Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 1475 Western Avenue, Suite 45, in Albany, New York, shall be known and designated as the Lieutenant John F. Finn 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 Lieutenant John F. Finn Post Office.", "id": "H2ECC69C594E24AEABDFC082C9772C394", "header": "Lieutenant John F. Finn Post Office" } ]

[ { "text": "1. Designation \nThe United States courthouse at 300 North Hogan Street, Jacksonville, Florida, shall be known and designated as the John Milton 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 John Milton Bryan Simpson United States Courthouse.", "id": "H9153ED93B4794663AFB5CB187879B005", "header": "References" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Major Regulation Cost Review Act of 2004.", "id": "H9E16C036240E4BFD96A9F500B9CB828E", "header": "Short title" }, { "text": "2. Requirement for periodic review of all major rules \n(a) Requirement \nChapter 6 of title 5, is amended by inserting after section 610 the following new section: 610a. Periodic review of major rules \n(a) Requirement for review of major rules \nNot later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2004, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. (b) Purpose of review \nThe purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes. (c) Review within five years \nThe plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2004 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. (d) Factors to consider \nIn reviewing major rules in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors: (1) The continued need for the rule. (2) The nature of complaints or comments received concerning the rule from the public. (3) The complexity of the rule. (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. (5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. (e) Cost-benefit analysis \nThe review shall include a cost-benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A–4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and consideration of a range of less costly regulatory alternatives. (f) Publication of list of rules to be reviewed \nEach year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget under paragraph (4) of section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as added by section 3 of the Major Regulation Cost Review Act of 2004). The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. (g) Major rule defined \nIn this section, the term major rule has the meaning provided by section 804 of this title.. (b) Clerical Amendment \nThe table of sections for chapter 6 of title 5, is amended by inserting after the item relating to section 610 the following new item: 610a. Periodic review of major rules.", "id": "HA90F518EADF84D7ABA77DABDFB375113", "header": "Requirement for periodic review of all major rules" }, { "text": "610a. Periodic review of major rules \n(a) Requirement for review of major rules \nNot later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2004, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. (b) Purpose of review \nThe purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes. (c) Review within five years \nThe plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2004 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. (d) Factors to consider \nIn reviewing major rules in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors: (1) The continued need for the rule. (2) The nature of complaints or comments received concerning the rule from the public. (3) The complexity of the rule. (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. (5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. (e) Cost-benefit analysis \nThe review shall include a cost-benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A–4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and consideration of a range of less costly regulatory alternatives. (f) Publication of list of rules to be reviewed \nEach year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget under paragraph (4) of section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as added by section 3 of the Major Regulation Cost Review Act of 2004). The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. (g) Major rule defined \nIn this section, the term major rule has the meaning provided by section 804 of this title.", "id": "H167CA520DE4147F88ED4AF9568FEAE79", "header": "Periodic review of major rules" }, { "text": "3. Requirements for OMB relating to annual accounting statement \n(a) Requirement to include list of rules to be reviewed in annual accounting statement \nSection 624(a) of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106–554 ; 114 Stat. 2763A–161), is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) a list of the major rules which are to be reviewed by each agency, during the year following the year in which the statement and report are submitted, pursuant to section 610a of title 5, United States Code.. (b) Requirement to use agency cost-benefit estimates in annual accounting statement \nSection 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106–554 ; 114 Stat. 2763A–161), is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Use of agency cost-benefit analyses required \nTo carry out subsection (a), the Director of the Office of Management and Budget shall require each agency annually to submit to the Office of Management and Budget the cost-benefit analyses conducted under section 610a of title 5, United States Code, for major rules of the agency during the preceding year..", "id": "HC0E621522B494E76A4D4FED44FDFA2FA", "header": "Requirements for OMB relating to annual accounting statement" } ]

[ { "text": "1. Amendments \nSection 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following new subsection: (k) Sustained price increases \nNotwithstanding subsections (d) and (h) (except for paragraph (2)(A) and (B) of subsection (h)), the Secretary may draw down and sell petroleum products from the Strategic Petroleum Reserve to address sustained petroleum product price increases in the United States that could have an adverse impact on the Nation’s economy, whether there has been a supply interruption or shortage or not. The Secretary may not reduce the capacity of the Strategic Petroleum Reserve under this subsection to less than 700,000,000 barrels of petroleum product..", "id": "H0F4FEC3CBF7349EBB3EFE8A9C781A284", "header": "Amendments" }, { "text": "2. Savings provision \nNothing in the amendment made by section 1 shall be construed to limit or alter the authority of the Secretary to draw down petroleum products under section 161(a) through (j) of the Energy Policy and Conservation Act.", "id": "HC6137A00CFBC4AEF9EE9E86247339E16", "header": "Savings provision" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Social Security Number Privacy and Protection Act of 2004.", "id": "HE918ED953D9F469FBC9676B9ED6CE038", "header": "Short title" }, { "text": "2. Alteration of Selective Service reminder mailback card to reduce risk of theft of social security account numbers \nNot later than two years after the date of the enactment of this Act, the Director of Selective Service shall alter the form of the Selective Service reminder mailback card, or the method by which the card is submitted to the Selective Service System, to reduce the risk of theft of social security account numbers included as part of the identifying information required from persons presenting themselves for registration under the Military Selective Service Act (50 U.S.C. App. 451 et seq.).", "id": "H3C0E5E86404B43E5A3AA6037FB8CED8", "header": "Alteration of Selective Service reminder mailback card to reduce risk of theft of social security account numbers" }, { "text": "3. Elimination of social security account number from medicare, medicaid, and SCHIP identification cards \n(a) Medicare \nSection 1874 of the Social Security Act ( 42 U.S.C. 1395kk ) is amended by adding at the end the following new subsection: (d) Any individual identification or similar card issued to carry out this title shall not contain the social security account number of any individual, but may contain another identification number or code as the Secretary may specify. Nothing in this subsection shall be construed as preventing the use of social security account numbers for claims or other purposes under this title.. (b) Medicaid \nSection 1902(a)(48) of such Act ( 42 U.S.C. 1396a(a)(48) ) is amended by inserting before the semicolon at the end the following: and in issuing any individual identification card to carry out this title, provide that the card shall not contain the social security account number of any individual (but may contain another identification number or code as the State may specify). (c) SCHIP \nSection 2102(b) of such Act ( 42 U.S.C. 1397bb(b) ) is amended by adding at the end the following new paragraph: (5) Restrictions on identification cards \nAny individual identification or similar card issued to carry out this title shall not contain the social security account number of any individual (including a family member) but may contain another identification number or code as the State may specify. Nothing in this paragraph shall be construed as preventing the use of social security account numbers for claims or other purposes under this title.. (d) Effective date \nThe amendments made by this section shall take effect 2 years after the date of the enactment of this Act and shall apply to individual identification cards issued on or after such effective date.", "id": "H642DA49E69794C12AD84A034798FC1FA", "header": "Elimination of social security account number from medicare, medicaid, and SCHIP identification cards" }, { "text": "4. Elimination of social security account number from veterans health care identification cards issued by the Department of Veterans Affairs \n(a) In general \nChapter 73 of title 38, is amended by inserting after section 7334 the following new section: 7335. Prohibition on use of social security account number on health care identification cards \nIn issuing individual identification cards (or similar cards) for purposes of management of health care benefits under chapter 17 of this title, the Secretary shall provide that any such card that is issued after the end of the two-year period beginning on the date of the enactment of this section shall not contain the social security account number of any individual (including a family member).. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7344 the following new item: 7355. Prohibition on use of social security account number on health care identification cards.", "id": "H69BBF7C6EDF345CDAA85D53C7164945F", "header": "Elimination of social security account number from veterans health care identification cards issued by the Department of Veterans Affairs" }, { "text": "7335. Prohibition on use of social security account number on health care identification cards \nIn issuing individual identification cards (or similar cards) for purposes of management of health care benefits under chapter 17 of this title, the Secretary shall provide that any such card that is issued after the end of the two-year period beginning on the date of the enactment of this section shall not contain the social security account number of any individual (including a family member).", "id": "H9E71E511D0EC4B588268273DAFCF96B6", "header": "Prohibition on use of social security account number on health care identification cards" }, { "text": "5. Sense of Congress regarding removal of social security account numbers from identification and claims cards used by health insurers \nIt is the sense of Congress that health insurers should not use social security account numbers on insurance identification or claims cards issued to beneficiaries, but should substitute another identification code or number instead.", "id": "H4303A48AFCBC44DF92676E8787BCD6A3", "header": "Sense of Congress regarding removal of social security account numbers from identification and claims cards used by health insurers" } ]

[ { "text": "1. Eastern Washington University Land Transfer Authorization Extension \nSection 1(c) of Public Law 97–435 is amended by striking five years after the enactment of this Act and inserting on December 31, 2009.", "id": "H3E50840BEAB34A05B5C6769DE02144E8", "header": "Eastern Washington University Land Transfer Authorization Extension" } ]

[ { "text": "1. Short title \nThis Act may be cited as the The 9-11 Commission Combating Proliferation Implementation Act.", "id": "HDE1FC9BFBAFA42AB8DE1840009A8717F", "header": "Short title" }, { "text": "101. Office for combating the proliferation of weapons of mass destruction \n(a) Establishment \nThere is established within the Executive Office of the President an office to be known as the Office for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Office ). (b) Officers \n(1) The head of the Office shall be the Director of the Office. (2) There shall be a Deputy Director of the Office, who shall— (A) assist the Director in carrying out the responsibilities of the Director under this title; and (B) serve as Acting Director in the absence of the Director and during any vacancy in the office of Director. (3) The Director and Deputy Director— (A) shall be appointed by the President, by and with the advice and consent of the Senate; and (B) shall serve at the pleasure of the President. (4) No person shall serve as Director or Deputy Director while serving in any other position in the Federal Government. (c) Responsibilities \nSubject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) To develop policies, goals, objectives, and priorities for the United States for preventing the proliferation of weapons of mass destruction. (2) To serve as the principal advisor to the President with respect to those policies, goals, objectives, and priorities. (3) To develop a comprehensive strategy for the United States for the prevention of the proliferation of weapons of mass destruction, to be known as the Strategy for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Strategy ). (4) To coordinate, oversee, and evaluate the implementation and execution of the Strategy by the agencies of the Federal Government with responsibilities for preventing the proliferation of weapons of mass destruction. (5) To direct the development of comprehensive annual budgets submitted under section 1105(a) of title 31, United States Code, for the programs and activities under the Strategy. (6) To certify to the President, prior to the submission to Congress of each annual budget under that section, whether the budget for each element of preventing the proliferation of weapons of mass destruction is consistent with and adequate for carrying out the Strategy. (7) To carry out any other responsibilities relating to development, coordination, funding, and implementation of United States policy on the prevention of the proliferation of weapons of mass destruction that the President considers appropriate. (d) Authorities of the director \nIn carrying out subsection (c), the Director shall have authority to— (1) develop and present to the President annual unified budgets for the prevention of the proliferation of weapons of mass destruction, including the authorities to— (A) provide guidance on the development of annual budgets for each element of the prevention of the proliferation of weapons of mass destruction; (B) direct, coordinate, and modify the annual budgets of the elements of the prevention of the proliferation of weapons of mass destruction, in consultation with the heads of those elements; and (C) approve the budget of each element of the prevention of the proliferation of weapons of mass destruction before that budget may be provided to the President for transmission to the Congress; (2) transfer between accounts and agencies funds appropriated and associated resources available for the prevention of the proliferation of weapons of mass destruction and detail personnel when the Director makes a determination that doing so is necessary in order to— (A) respond to an emergent risk of proliferation; (B) eliminate duplication of effort; or (C) significantly increase programmatic efficiency; (3) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office; (4) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in activities involving the prevention of the proliferation of weapons of mass destruction on temporary detail to another department, agency, or program in order to implement the Strategy, and the head of the department or agency shall comply with such a request; (5) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal agencies; (6) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of that title; (7) use the mails in the same manner as any other department or agency of the executive branch; and (8) monitor implementation of the Strategy, including— (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations. (e) Personnel detailed to office \n(1) Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under that chapter for any rating period, or part thereof, that the employee is detailed to the Office. (2) (A) Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) An amount paid under this paragraph to an employee for any period— (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) The maximum number of personnel who may be detailed to another department or agency (including the office) under subsection (d)(1) during any fiscal year is— (A) for the Department of Defense, 5; (B) for the Department of Energy, 5; (C) for the Department of State, 5; and (D) for any other department or agency, 2. (4) A transfer or detail under paragraph (1)(A) shall expire on the last day of the fiscal year after the fiscal year in which it is ordered by the Director unless extended by law or by an official having authority to extend it further. (f) Report on strategic plan \n(1) Not later than June 1, 2005, the Director shall submit to Congress the Strategy developed under subsection (c)(3), together with any recommendations of the Director for legislative changes that the Director considers appropriate with respect to either the Strategy and its implementation or the Office. (2) Not later than December 31 of each year after 2004, the Director shall submit to the Congress an updated Strategy and any such recommendations. (g) Global coalition \n(1) The Director shall develop the Strategy and, in consultation with the Secretary of State, carry out the programs for which the Director is responsible in coordination with appropriate officials of the foreign governments concerned. (2) In consultation with the Secretary of State, the Director shall seek to develop and provide leadership for a coalition of United States and foreign governments committed to achieving the prevention of the proliferation of weapons of mass destruction through programs similar to those specified in section 103. (h) Oversight by Congress \nThe location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of Congress, to— (1) any information, document, record, or paper in the possession of the Office or any study conducted by or at the direction of the Director; or (2) any personnel of the Office, including the Director. (i) Pay of director and of deputy director \nChapter 53 of title 5, United States Code, is amended— (1) in section 5312, by inserting after the item relating to the Chairman, Board of Governors of the Federal Reserve System the following new item: Director of the Office for Combating the Proliferation of Weapons of Mass Destruction.. (2) in section 5313, by inserting after the item relating to the Under Secretary for Transportation the following new item: Deputy Director of the Office for Combating the Proliferation of Weapons of Mass Destruction..", "id": "H4838D79D0C744F3E006172A3872459A4", "header": "Office for combating the proliferation of weapons of mass destruction" }, { "text": "102. Request for corresponding Russian director \nIt is the sense of the Congress that, as soon as practical, the President should personally request the President of the Russian Federation to designate an official of the Russian Federation having authorities and responsibilities for the prevention of the proliferation of weapons of mass destruction commensurate with those of the Director and with whom the Director should coordinate with respect to the planning and implementation in the Russian Federation of activities having the purpose of securing weapons of mass destruction.", "id": "H7C17E90E576B448D8F466D002DCB1146", "header": "Request for corresponding Russian director" }, { "text": "103. Scope \nIn this title: (1) The term prevention of the proliferation of weapons of mass destruction includes activities under— (A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note); (B) the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 116 Stat. 2458); (C) programs authorized by section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (the FREEDOM Support Act) ( 22 U.S.C. 5354 ) and programs authorized by section 1412 of the Former Soviet Union Demilitarization Act of 1992 ( 22 U.S.C. 5902 ); and (D) a program of any agency of the Federal Government having a purpose similar to that of any of the programs identified in subparagraphs (A) through (C), as designated by the Director and the head of the agency. (2) The term weapons of mass destruction means chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials that can be used in the manufacture of such weapons.", "id": "H0FD58F167DDC4AFBB783F25EA8C3E88D", "header": "Scope" }, { "text": "201. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide \n(a) Sense of congress \n(1) It is the sense of Congress that the security, including the rapid removal or secure storage, of high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment at vulnerable sites worldwide should be a top priority among the activities to achieve the national security of the United States. (2) It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b). (b) Program authorized \nThe Secretary of Energy may carry out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion. (c) Program elements \n(1) Activities under the program under subsection (b) may include the following: (A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide. (B) Arrangements for the secure shipment of proliferation-attractive fissile materials, radiological materials, and related equipment to other countries willing to accept such materials and equipment, or to the United States if such countries cannot be identified, and the provision of secure storage or disposition of such materials and equipment following shipment. (C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States. (D) The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition. (E) The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials and radiological materials and related equipment pending their removal from their current sites. (F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future. (G) The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure facilities. (H) Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of proliferation-attractive fissile materials, radiological materials, and related equipment, continues to function as intended. (I) The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide. (J) The development of alternative fuels and irradiation targets based on low-enriched uranium to convert research or other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiation targets employing highly-enriched uranium to employment of such alternative fuels and targets. (K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium. (L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment. (M) Programs to— (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and (ii) convert sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat. (2) The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and with the assistance of, appropriate departments, agencies, and other entities of the United States Government. (3) The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program. (d) Reports \n(1) Not later than March 15, 2005, the Secretary of Energy shall submit to Congress a classified interim report on the program under subsection (b). (2) Not later than January 1, 2006, the Secretary shall submit to Congress a classified final report on the program under subsection (b) that includes the following: (A) A survey by the Secretary of the facilities and sites worldwide that contain proliferation-attractive fissile materials, radiological materials, or related equipment. (B) A list of sites determined by the Secretary to be of the highest priority, taking into account risk of theft from such sites, for removal or security of proliferation-attractive fissile materials, radiological materials, or related equipment, organized by level of priority. (C) A plan, including activities under the program under this section, for the removal, security, or both of proliferation-attractive fissile materials, radiological materials, or related equipment at vulnerable facilities and sites worldwide, including measurable milestones, metrics, and estimated costs for the implementation of the plan. (3) A summary of each report under this subsection shall also be submitted to Congress in unclassified form. (e) Funding \n(1) In general \nAmounts authorized to be appropriated to the Secretary of Energy for defense nuclear nonproliferation activities shall be available for purposes of the program under this section. (2) Additional funding \n(A) It is the sense of Congress that the Secretary of Energy should use funds for the program under this section in addition to the funds made available under paragraph (1). (B) Not later than 60 days after the date of enactment of this Act, the Secretary of Energy should submit a supplemental budget request to Congress for fiscal year 2005 outlining additional funds needed to address the program elements set forth in subsection (c). (f) Definitions \nIn this section: (1) The term fissile materials means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or misuse of such items. (2) The term radiological materials includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226 and Strontium-90, Curium-244, Strontium-90, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph. (3) The term related equipment includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section. (4) The term highly-enriched uranium means uranium enriched to or above 20 percent in isotope 235. (5) The term low-enriched uranium means uranium enriched below 20 percent in isotope 235. (6) The term proliferation-attractive , in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation.", "id": "HCA08647DFA75498EA2009641AEC046C3", "header": "Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide" }, { "text": "301. Sense of Congress \nIt is the sense of Congress that— (1) the President should strive to expand and strengthen the Proliferation Security Initiative announced by the President on May 31, 2003, placing particular emphasis on including countries outside of NATO; and (2) the United States should engage the United Nations to develop a Security Council Resolution to authorize the Proliferation Security Initiative under international law, including by providing legal authority to stop shipments of weapons of mass destruction, their delivery systems, and related materials.", "id": "H48888F48B3DD4739BC78B26DF3482DC9", "header": "Sense of Congress" }, { "text": "302. Authorization of appropriations \nThere are authorized to be appropriated for fiscal year 2005, $50,000,000 to conduct joint training exercises regarding interdiction of weapons of mass destruction under the Proliferation Security Initiative. Particular emphasis should be given to allocating money from this total— (1) to invite other countries that do not participate in the Proliferation Security Initiative to observe the joint training exercises; and (2) to conduct training exercises with countries that openly join the Proliferation Security Initiative after the date of enactment of this Act.", "id": "HFB60954F60014D5BA65663EC94EAEB6E", "header": "Authorization of appropriations" }, { "text": "401. Authorization of appropriations \nThere are authorized to be appropriated for Cooperative Threat Reduction programs not less than— (1) $450,000,000 for fiscal year 2005; (2) $500,000,000 for fiscal year 2006; (3) $550,000,000 for fiscal year 2007; (4) $600,000,000 for fiscal year 2008; (5) $650,000,000 for fiscal year 2009; and (6) $700,000,000 for fiscal year 2010.", "id": "HE055D766FC26430AB22837671F003C40", "header": "Authorization of appropriations" }, { "text": "402. Permanent waiver authority for chemical weapons destruction facility in Russia \nSection 1305 of the National Defense Authorization Act for Fiscal Year 2000 shall not apply to the obligation and expenditure of funds during a fiscal year for the planning, design, or construction of a chemical weapons destruction facility in the Russian Federation if the President submits to Congress a written certification with respect to that fiscal year that includes— (1) a statement as to why the waiver of the conditions during the fiscal year covered by such certification is consistent with the national security interests of the United States; and (2) a plan to promote a full and accurate disclosure by the Russian Federation regarding the size, content, status, and location of its chemical weapons stockpile.", "id": "H01168125999E4B13AD0536DCB899F6AF", "header": "Permanent waiver authority for chemical weapons destruction facility in Russia" }, { "text": "403. Removal of funding limitation on activities outside the former Soviet Union \nSection 1308(c) in the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–135 ; 22 U.S.C. 5963(c) ) is repealed.", "id": "H8062303F73D74BDBBF5FB1D6010088D1", "header": "Removal of funding limitation on activities outside the former Soviet Union" }, { "text": "404. Liability report \nNot later than April 1, 2005, and every 6 months thereafter, the President shall submit to Congress a report identifying liability concerns regarding, and impediments to, the renegotiation of the Cooperative Threat Reduction umbrella agreement and ongoing negotiations for the implementation of the Plutonium Disposition, Nuclear Cities, and other cooperative nonproliferation programs. The report shall also outline a plan to address and resolve such concerns and impediments.", "id": "HDB9E4BDDDD244C59891000F1B8D3EBFA", "header": "Liability report" }, { "text": "405. Definition \nIn this title, the term Cooperative Threat Reduction programs means the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note).", "id": "H345DD0B5891D4E00BAA94E02FA731932", "header": "Definition" } ]

[ { "text": "1. Credit for costs of college textbooks \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. College textbooks \n(a) In general \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount paid or incurred by such individual during the taxable year for qualified college textbooks which are used primarily by a qualified individual. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $1,000. (c) Qualified individual \nFor purposes of this section, the term qualified individual means the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, but only while such individual is an eligible student (as defined in section 25A(b)(3)). (d) Qualified college textbooks \nFor purposes of this section, the term qualified college textbook means any book which is required for the course of study the student is pursuing. (e) Special rules \n(1) Identification requirement \nNo credit shall be allowed under subsection (a) to a taxpayer with respect to qualified college textbooks primarily used by a qualified individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. (2) No credit for married individuals filing separate returns \nIf the taxpayer is a married individual (within the meaning of section 7703) this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. (3) Treatment of expenses paid by dependent \nIf a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (B) amounts paid by such individual for qualified college textbooks during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer.. (b) Clerical amendment \nThe table of sections for such subpart is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. College textbooks. (c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.", "id": "H203E6CD8B8BC47938E8F83B4F9EE1F2F", "header": "Credit for costs of college textbooks" }, { "text": "25C. College textbooks \n(a) In general \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount paid or incurred by such individual during the taxable year for qualified college textbooks which are used primarily by a qualified individual. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $1,000. (c) Qualified individual \nFor purposes of this section, the term qualified individual means the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, but only while such individual is an eligible student (as defined in section 25A(b)(3)). (d) Qualified college textbooks \nFor purposes of this section, the term qualified college textbook means any book which is required for the course of study the student is pursuing. (e) Special rules \n(1) Identification requirement \nNo credit shall be allowed under subsection (a) to a taxpayer with respect to qualified college textbooks primarily used by a qualified individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. (2) No credit for married individuals filing separate returns \nIf the taxpayer is a married individual (within the meaning of section 7703) this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. (3) Treatment of expenses paid by dependent \nIf a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (B) amounts paid by such individual for qualified college textbooks during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer.", "id": "H1878A7070A5D4A3BA48223B7A306EB30", "header": "College textbooks" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Air Tanker Emergency Release Act of 2004.", "id": "H955A4BD0F98A45CBA53F44CCBA2FE256", "header": "Short title" }, { "text": "2. Reinstatement of canceled contracts for large air tankers \n(a) Owner Requirements \nAt the request of the owner of a large air tanker whose contract to provide aerial firefighting services was canceled on May 10, 2004, by the Secretary of Agriculture or the Secretary of the Interior, the Secretary concerned shall reinstate the contract if an owner provides to such Secretary— (1) proof of a valid air worthiness certificate issued by the Federal Aviation Administration; (2) proof of a valid supplemental certificate (or its equivalent) for installation of retardant tank and gating systems used for fire retardant drops issued by the Federal Aviation Administration; (3) a completed form issued and approved by the Federal Aviation Administration for major repair and alteration (such as airframe, powerplant, propeller, or appliance); (4) an air tanker card issued by an aircraft inspector of the Forest Service after January 1, 2004; and (5) a copy of a form described in subsection (b). (b) Department Requirements \nNot later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall provide to the owner of a large air tanker seeking contract reinstatement a copy of any form issued in 2004 by the Department of Agriculture, signed by the owner of a large tanker and the National Aviation Operations Officer for such Department, certifying that the large air tanker has been inspected, with no defects noted, in accordance with recommendations of the Forest Service large tanker inspection maintenance program which was developed by the Airworthiness Department of Sandia National Laboratories. (c) Contract termination \nA contract reinstated under this section shall terminate on December 31, 2004, or such earlier date as an owner of a large air tanker may request from the Secretary of Agriculture.", "id": "HAB67252A9E474670A4D542FC005D2FFD", "header": "Reinstatement of canceled contracts for large air tankers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fisheries Management Reform Act of 2004.", "id": "H798AEA86EDDB463DAE102474DD994DB6", "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 Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).", "id": "H6884B9079C42419EB7FFA8CAEC3C0000", "header": "Amendment references" }, { "text": "3. Representation of the public interest on Regional Fishery Management Councils \n(a) Appointment of members by Administrator \n(1) Appointment of members \nSection 302 ( 16 U.S.C. 1852 ) is amended— (A) by striking appointed by the Secretary each place it appears and inserting appointed by the Administrator of the National Oceanic and Atmospheric Administration ; (B) in paragraphs (2) and (6) of subsection (b) by striking The Secretary each place it appears and inserting The Administrator of the National Oceanic and Atmospheric Administration ; (C) in paragraph (5)(A) of subsection (b) by striking The Secretary the first and second places it appears and inserting The Administrator of the National Oceanic and Atmospheric Administration ; (D) in subsection (b) by striking the Secretary each place it appears, other than in paragraph (6)(B), and inserting the Administrator ; and (E) in subsection (b)(2)(B)(iii) by striking the Secretary’s and inserting the Administrator’s. (2) Application with respect to current members of Councils \n(A) Appointment not affected \nThe amendment made by paragraph (1)(A) shall not affect any appointment by the Secretary of Commerce made before the date of the enactment of this Act. (B) Removal \nIn applying section 302(b)(6) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this subsection, to a member of a Regional Fishery Management Council appointed before the date of the enactment of this Act, by the Secretary shall be substituted for by the Administrator. (b) Representation by State officials \nSection 302(b)(1)(A) ( 16 U.S.C. 1852(b)(1)(A) ) is amended by adding at the end the following: Such official shall represent the interests of the general public.. (c) Allocation of Appointments \nSection 302(b)(2)(B) ( 16 U.S.C. 1852(b)(2)(B) ) is amended in the first sentence— (1) by striking of the active participants and inserting among the active participants ; and (2) by inserting before the period the following: and representatives of the public interest in marine fish conservation, including individuals who do not derive any of their annual income from commercial or recreational fishing and who are knowledgeable regarding the conservation and management of the fishery resources of the geographic area concerned. (d) Consultation by States in submitting nominees \nSection 302(b)(2)(C) ( 16 U.S.C. 1852(b)(2)(C) ) is amended— (1) in the second sentence by inserting and representatives of conservation organizations after commercial and recreational fishing interests ; and (2) by striking the third sentence and inserting the following: Each list shall consist of a broad slate of candidates for each vacancy, shall include at least two representatives from each of the commercial fishing industry sector, the recreational fishing sector, and the marine fish conservation public interest sector who do not derive any of their annual income from commercial or recreational fishing, and shall consist solely of individuals who are knowledgeable regarding the conservation and management of the fishery resources of the geographic area concerned.. (e) Training of appointed members \n(1) Training requirement \nSection 302(b) ( 16 U.S.C. 1852(b) ) is amended by adding at the end the following: (7) Training of appointed members \n(A) In general \nThe Secretary shall provide to each member of a Council appointed by the Secretary under this subsection, by not later than 6 months after the date of the member’s appointment, training in matters relating to the functions of the Council, including— (i) fishery science and basic fish stock assessment; (ii) social science and fishery economics; (iii) the requirements of this Act, the National Environmental Policy Act of 1969, chapter 5 of title 5, United States Code (popularly known as the Administrative Procedures Act), and other relevant statutes or regulations; (iv) conflict of interest policies that apply to Council members; and (v) the public process for developing fishery management plans. (B) Restriction on voting \nA member of a Council to whom the Secretary is required to provide training under this paragraph may not vote on any decision of the Council before the date the member completes such training.. (2) Limitation on application \nThe amendment made by paragraph (1) shall not apply to a member of a Regional Fishery Management Council appointed before the date of the enactment of this Act. (f) Technical correction \nSection 302(b)(2)(B) ( 16 U.S.C. 1852(b)(2)(B) ) is amended in the second sentence by striking Merchant Marine and Fisheries and inserting Resources.", "id": "H9782208137C446C0924C41000600B029", "header": "Representation of the public interest on Regional Fishery Management Councils" }, { "text": "4. Qualification of voting council members; disclosure of financial interest and recusal \n(a) Qualifications of voting council members \nSection 302(b)(2)(A) ( 16 U.S.C. 1852(b)(2)(A) ) is amended by— (1) inserting after geographical area concerned the following: , and must not have been found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307(1)(D), (E), (F), (H), (I), or (L) or section 307(2) ; and (2) striking of the Fishery Conservation Amendments of 1990 and replacing with of the Fisheries Management Reform Act of 2004. (b) Disclosure of financial interest and recusal \n(1) Amendments relating to disclosure and recusal \nSection 302(j) ( 16 U.S.C. 1852(j) ) is amended as follows: (A) By striking the heading and inserting Disclosure of Financial Interest and Recusal.—. (B) By striking paragraph (6), and redesignating paragraphs (7) and (8) in order as paragraphs (6) and (7). (C) In paragraph (6), as so redesignated, by striking so much as precedes subparagraph (B) and inserting the following: (6) Prohibition on participation \n(A) (i) An affected individual shall not vote on a Council decision that would have an effect on a financial interest that the individual is required to disclose under paragraph (2). (ii) An affected individual who is prohibited from voting on a Council decision may not participate in any Council deliberations relating to the decision.. (D) In paragraph (6)(B), as so redesignated— (i) by inserting or a member of the public after an affected individual ; and (ii) by striking would have a significant and predictable effect on a financial interest and inserting would have an effect on the financial interest of an affected individual. (E) In paragraph (6)(C), as so redesignated, by inserting , or member of the public, after Any Council member. (F) In paragraph (6), as so redesignated, by striking subparagraph (D) and redesignating subparagraphs (E) and (F) in order as subparagraphs (D) and (E). (G) In paragraph (6)(D), as so redesignated— (i) by striking may not and inserting shall ; and (ii) by inserting before the period the following: , if the Secretary determines that the Council decision had an effect on the financial interest of an affected individual and the affected individual’s vote decided the Council action. (H) By amending paragraph (6)(E), as so redesignated, to read as follows: (E) The Secretary, in consultation with the Councils and by not later than one year after the date of enactment of the Fisheries Management Reform Act of 2004, shall promulgate regulations that allow for the making of determinations under subparagraphs (B) and (C).. (2) Conforming amendment \nSection 307(1)(O) ( 16 U.S.C. 1857(1)(O) ) is amended by striking 302(j)(7)(A) and inserting 307(j)(6)(A).", "id": "H831D839ED9A4479CB0BBFF4FC696A8AD", "header": "Qualification of voting council members; disclosure of financial interest and recusal" }, { "text": "5. Regional science and technical teams \nSection 302(g) ( 16 U.S.C. 1852(g) ) is amended— (1) by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: (5) Regional science and technical teams \n(A) The Secretary shall establish regional science and technical teams to provide the Secretary with recommendations to carry out section 303(e). (B) Each science and technical team established under this paragraph shall consist of Federal, State, and academic qualified independent scientists. (C) Each science and technical team established under this paragraph shall— (i) based on the best scientific information available, recommend to the Secretary— (I) acceptable biological catch and bycatch limits, including annual limits, that are consistent with the national standard set forth in section 301(a)(1) and that consider predator-prey relationships and other ecological factors; (II) specific habitat and area protections necessary to protect essential fish habitats; and (III) specific requirements necessary to protect species listed as threatened species or endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ); (ii) allow an opportunity for public input, including with respect to catch and bycatch limits and habitat protection measures recommended by the team, consider such input in developing its recommendations, and create a public record of such input and the team’s response to such input; and (iii) publish its recommendations in the Federal Register. (D) Recommendations of a regional science and technical team submitted to the Secretary under this paragraph must be subjected to peer review by qualified independent scientists. ; and (2) by adding at the end the following: (7) For the purposes of this subsection, the term qualified independent scientists means individuals who— (A) through publication of peer-reviewed scientific literature and academic training, have demonstrated scientific expertise in fisheries science or marine ecology; and (B) have no direct financial interest, and are not employed by any person with a direct financial interest, in any fishery..", "id": "HD86D349E1D8A41199700754F3315D8F2", "header": "Regional science and technical teams" }, { "text": "6. Contents of fishery management plans \n(a) Required provisions regarding protection, restoration, and promotion of ecosystems \nSection 303(a)(1) ( 16 U.S.C. 1853(a)(1) ) is amended— (1) in subparagraph (A) by inserting before the semicolon the following: and the associated ecosystem ; (2) by striking and after the semicolon at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ; and , and by adding at the end the following: (D) consistent with the conservation and management measures developed by the Secretary pursuant to subsection (e), except a Council may modify any conservation and management measure to provide greater conservation in order to achieve plan objectives, including to protect and maintain the ecological role of forage fish. ; and (3) by amending paragraph (14) to read as follows: (14) allocate any quotas or other conservation and management measures established by the Secretary under subsection (e) fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery, and allow individual sectors of the fishery to develop allocation plans subject to the approval of the Council.. (b) Development of conservation and management measures by Secretary \nSection 303 ( 16 U.S.C. 1853 ) is amended by adding at the end the following: (e) Development of conservation and management measures by Secretary \nThe Secretary shall, based on recommendations of the regional science and technical teams established under section 302(g)(5), provide Councils conservation and management measures for incorporation into fishery management plans, plan amendments, or annual specifications, that establish— (1) catch and bycatch limits that do not exceed acceptable biological catch limits, including annual limits, that are consistent with the national standard set forth in section 301(a)(1) and that consider predator-prey relationships and other ecological factors; (2) specific habitat and area protections necessary to protect essential fish habitats; and (3) specific requirements necessary to protect species listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 )..", "id": "H37B4D4996BCB494BBD13C28C1E64D872", "header": "Contents of fishery management plans" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Ponce de Leon Discovery of Florida Quincentennial Commission Act.", "id": "H9DEC5702AB9A48C98797839BB0B3B51F", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the Quincentennial of the founding of Florida by Ponce de Leon occurs in 2013, 500 years after Ponce de Leon landed on its shores and explored the Keys and the west coast of Florida; (2) evidence supports the theory that Ponce de Leon was the first European to land on the shores of Florida; (3) Florida means the land of flowers and the State owes its name to Ponce de Leon; (4) Ponce de Leon's quest for the fountain of youth has become an established legend which has drawn fame and recognition to Florida and the United States; (5) the discovery of Florida by Ponce de Leon, the myth of the fountain of youth , and the subsequent colonization of Florida encouraged other European countries to explore the New World and to establish settlements in the territory that is currently the United States; (6) Florida was colonized under 5 flags; and (7) commemoration of the arrival in Florida of Ponce de Leon and the beginning of the colonization of the Americas would— (A) enhance public understanding of the impact of the discovery of Florida on the history of the United States; and (B) provide lessons about the importance of exploration and discovery.", "id": "H3532D7C3C55E412194BDAF94558C3F60", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Commission \nThe term Commission means the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon established under section 4(a). (2) Governor \nThe term Governor means the Governor of the State of Florida. (3) Quincentennial \nThe term Quincentennial means the 500th anniversary of the discovery of Florida by Ponce de Leon.", "id": "H14AFB6F3AEA14B1FB69D21C16D76A3D5", "header": "Definitions" }, { "text": "4. Establishment of commission \n(a) Establishment \nThere is established a commission to be known as the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon. (b) Duties \nThe Commission shall plan, encourage, coordinate, and conduct the commemoration of the Quincentennial. (c) Membership \n(1) Composition \nThe Commission shall be composed of 10 members, including— (A) 2 members, to be appointed by the President, on the recommendation of the Majority Leader and the Minority Leader of the Senate; (B) 2 members, to be appointed by the President, on the recommendation of the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and (C) 4 members, to be appointed by the President, taking into consideration the recommendations of the Governor, the Director of the National Park Service, and the Secretary of the Smithsonian Institution. (2) Criteria \nA member of the Commission shall be chosen from among individuals that have demonstrated a strong sense of public service, expertise in the appropriate professions, scholarship, and abilities likely to contribute to the fulfillment of the duties of the Commission. (3) Date of appointments \nNot later than 60 days after the date of enactment of this Act, the members of the Commission described in paragraph (1) shall be appointed. (d) Term; vacancies \n(1) Term \nA member shall be appointed for the life of the Commission. (2) Vacancy \nA vacancy on the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (e) Initial meeting \nNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (f) Meetings \nThe Commission shall meet annually at the call of the co-chairpersons described under subsection (h). (g) Quorum \nA quorum of the Commission for decision making purposes shall be 5 members, except that a lesser number of members, as determined by the Commission, may conduct meetings. (h) Co-chairpersons \nThe President shall designate 2 of the members of the Commission as co-chairpersons of the Commission.", "id": "H20547F6E95ED4CC200027BDB12CA0002", "header": "Establishment of commission" }, { "text": "5. Duties \n(a) In general \nThe Commission shall— (1) plan and develop activities appropriate to commemorate the Quincentennial including a limited number of proposed projects to be undertaken by the appropriate Federal departments and agencies that commemorate the Quincentennial by seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education; (2) consult with and encourage appropriate Federal departments and agencies, State and local governments, Indian tribal governments, elementary and secondary schools, colleges and universities, foreign governments, and private organizations to organize and participate in Quincentennial activities commemorating or examining— (A) the history of Florida; (B) the discovery of Florida; (C) the life of Ponce de Leon; (D) the myths surrounding Ponce de Leon's search for gold and for the fountain of youth ; (E) the exploration of Florida; and (F) the beginnings of the colonization of North America; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida. (b) Reports \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a comprehensive report that includes specific recommendations for— (A) the allocation of financial and administrative responsibility among participating entities and persons with respect to commemoration of the Quincentennial; and (B) the commemoration of the Quincentennial and related events through programs and activities, including— (i) the production, publication, and distribution of books, pamphlets, films, electronic publications, and other educational materials focusing on the history and impact of the discovery of Florida on the United States and the world; (ii) bibliographical and documentary projects, publications, and electronic resources; (iii) conferences, convocations, lectures, seminars, and other programs; (iv) the development of programs by and for libraries, museums, parks and historic sites, including international and national traveling exhibitions; (v) ceremonies and celebrations commemorating specific events; (vi) the production, distribution, and performance of artistic works, and of programs and activities, focusing on the national and international significance of the discovery of Florida; and (vii) the issuance of commemorative coins, medals, certificates of recognition, and stamps. (2) Annual report \nThe Commission shall submit an annual report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (3) Final report \nNot later than December 31, 2013, the Commission shall submit a final report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (c) Assistance \nIn carrying out this Act, the Commission shall consult, cooperate with, and seek advice and assistance from appropriate Federal departments and agencies, including the Department of the Interior. (d) Coordination of activities \nIn carrying out the duties of the Commission, the Commission, in consultation with the Secretary of State, may coordinate with the Government of Spain and political subdivisions in Spain for the purposes of exchanging information and research and otherwise involving the Government of Spain, as appropriate, in the commemoration of the Quincentennial.", "id": "HCF35FD6C9C2B4FCC99C48D48FAED714C", "header": "Duties" }, { "text": "6. Powers of the commission \n(a) In general \nThe Commission may provide for— (1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects that will contribute to public awareness of, and interest in, the Quincentennial, except that any commemorative coin, medal, or postage stamp recommended to be issued by the United States shall be sold only by a Federal department or agency; (2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the Quincentennial; (3) a Quincentennial calendar or register of programs and projects; (4) a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of Quincentennial historical and commemorative significance; and (5) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the Quincentennial and shall establish procedures regarding their use. (b) Advisory committee \nThe Commission may appoint such advisory committees as the Commission determines necessary to carry out the purposes of this Act.", "id": "HA561B967D8D8427099049EAAA256F2D", "header": "Powers of the commission" }, { "text": "7. Administration \n(a) Location of office \n(1) Principal office \nThe principal office of the Commission shall be in St. Augustine, Florida. (2) Satellite office \nThe Commission may establish a satellite office in Washington, D.C. (b) Staff \n(1) Appointment of director and deputy director \n(A) In general \nThe co-chairpersons, with the advice of the Commission, may appoint and terminate a director and deputy director without regard to the civil service laws (including regulations). (B) Delegation to director \nThe Commission may delegate such powers and duties to the director as may be necessary for the efficient operation and management of the Commission. (2) Staff paid from Federal funds \nThe Commission may use any available Federal funds to appoint and fix the compensation of not more than 4 additional personnel staff members, as the Commission determines necessary. (3) Staff paid from non-Federal funds \nThe Commission may use any available non-Federal funds to appoint and fix the compensation of additional personnel. (4) Compensation \n(A) Members \n(i) In general \nA member of the Commission shall serve without compensation. (ii) Travel expenses \nA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (B) Staff \n(i) In general \nThe co-chairpersons of the Commission may fix the compensation of the director, deputy director, and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay \n(I) Director \nThe rate of pay for the director shall not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (II) Deputy director \nThe rate of pay for the deputy director shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (III) Staff members \nThe rate of pay for staff members appointed under paragraph (2) shall not exceed the rate payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Detail of Federal government employees \n(1) In general \nOn request of the Commission, the head of any Federal agency or department may detail any of the personnel of the agency or department to the Commission to assist the Commission in carrying out this Act. (2) Reimbursement \nA detail of personnel under this subsection shall be without reimbursement by the Commission to the agency from which the employee was detailed. (3) Civil service status \nThe detail of the employee shall be without interruption or loss of civil service status or privilege. (d) Other revenues and expenditures \n(1) In general \nThe Commission may procure supplies, services, and property, enter into contracts, and expend funds appropriated, donated, or received to carry out contracts. (2) Donations \n(A) In general \nThe Commission may solicit, accept, use, and dispose of donations of money, property, or personal services. (B) Limitations \nSubject to subparagraph (C), the Commission shall not accept donations— (i) the value of which exceeds $50,000 annually, in the case of donations from an individual; or (ii) the value of which exceeds $250,000 annually, in the case of donations from a person other than an individual. (C) Nonprofit organization \nThe limitations in subparagraph (B) shall not apply in the case of an organization that is— (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (3) Acquired items \nAny book, manuscript, miscellaneous printed matter, memorabilia, relic, and other material or property relating to the time period of the discovery of Florida acquired by the Commission may be deposited for preservation in national, State, or local libraries, museums, archives, or other agencies with the consent of the depositary institution. (e) Postal services \nThe Commission may use the United States mail to carry out this Act in the same manner and under the same conditions as other agencies of the Federal Government. (f) Voluntary services \nNotwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary.", "id": "H2F4C7914ECB24D678BFBC8C145E4DFF", "header": "Administration" }, { "text": "8. Study \nThe Secretary of the Interior shall— (1) in accordance with section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ), conduct a study to assess the suitability and feasibility of designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon; and (2) not later than 3 years after the date on which funds are made available to carry out the study, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes— (A) the findings of the study; and (B) any conclusions and recommendations of the Secretary of the Interior with respect to the study.", "id": "H61AD3660C01445B9A218E713D97996FF", "header": "Study" }, { "text": "9. Authorization of appropriations \n(a) In general \nSubject to subsection (b), there is authorized to be appropriated to carry out the purposes of this Act $250,000 for each of fiscal years 2005 through 2013. (b) Availability of funds \nAmounts appropriated under this section for any fiscal year shall remain available until December 31, 2013.", "id": "H9FE4E4909729463698313EF01BA64375", "header": "Authorization of appropriations" }, { "text": "10. Termination of authority \nThe authority provided by this Act terminates effective December 31, 2013.", "id": "H3C23B3F1DE3145C9B4305FD4C2EB8C3", "header": "Termination of authority" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Lincoln County Conservation, Recreation, and Development Act of 2004.", "id": "HF10696C2619D49F08B669033651C37C", "header": "Short title" }, { "text": "2. Table of contents \nSec. 1. Short title Sec. 2. Table of contents Title I—Land Disposal Sec. 101. Definitions Sec. 102. Conveyance of Lincoln County land Sec. 103. Disposition of proceeds Title II—Wilderness Areas Sec. 201. Findings Sec. 202. Definitions Sec. 203. Additions to National Wilderness Preservation System Sec. 204. Administration Sec. 205. Adjacent management Sec. 206. Military overflights Sec. 207. Native American cultural and religious uses Sec. 208. Release of wilderness study areas Sec. 209. Wildlife management Sec. 210. Wildfire management Sec. 211. Climatological data collection Title III—Utility Corridors Sec. 301. Utility corridor and rights-of-way Sec. 302. Relocation of right-of-way and utility corridors located in Clark and Lincoln Counties in the State of Nevada Title IV—Silver State Off-Highway Vehicle Trail Sec. 401. Silver State off-highway vehicle trail Title V—Open Space Parks Sec. 501. Open space park conveyance to Lincoln County, Nevada Sec. 502. Open space park conveyance to the State of Nevada Title VI—Jurisdiction Transfer Sec. 601. Transfer of administrative jurisdiction between the Fish and Wildlife Service and the Bureau of Land Management", "id": "H32076B9EB1144EBB91FD9809D72B7980", "header": "Table of contents" }, { "text": "101. Definitions \nIn this title: (1) County \nThe term County means Lincoln County, Nevada. (2) Map \nThe term map means the map entitled Lincoln County Conservation, Recreation, and Development Act Map and dated June 14, 2004. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Special account \nThe term special account means the special account established under section 104(b)(3).", "id": "H62264769C294449D9D2F3B00A4A6E407", "header": "Definitions" }, { "text": "102. Conveyance of Lincoln County land \n(a) In General \nNotwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 , 1712), the Secretary, in cooperation with the County, in accordance with that Act, this title, and other applicable law and subject to valid existing rights, shall conduct sales of the land described in subsection (b) to qualified bidders. (b) Description of land \nThe land referred to in subsection (a) consists of— (1) the land identified on the map for disposal within 75 days, comprising 2 parcels totaling approximately 13,373 acres; and (2) the land identified on the map for annual disposal, comprising approximately 87,005 acres. (c) Availability \nEach map and legal description shall be on file and available for public inspection in (as appropriate)— (1) the Office of the Director of the Bureau of Land Management; (2) the Office of the State Director of the Bureau of Land Management; (3) the Ely District Office of the Bureau of Land Management; and (4) the Caliente Field Office of the Bureau of Land Management. (d) Joint selection required \nThe Secretary and the County shall jointly select which parcels of land described in subsection (b)(2) to offer for sale under subsection (a). (e) Compliance with local planning and zoning laws \nBefore a sale of land under subsection (a), the County shall submit to the Secretary a certification that qualified bidders have agreed to comply with— (1) County and city zoning ordinances; and (2) any master plan for the area approved by the County. (f) Method of sale; consideration \nThe sale of land under subsection (a) shall be— (1) through a competitive bidding process; and (2) for not less than fair market value. (g) Segregation \n(1) In general \nSubject to valid existing rights and except as provided in paragraph (2), the land described in subsection (b) is segregated from— (A) all forms of entry and appropriation under the public land laws, including the mining laws; and (B) operation of the mineral leasing and geothermal leasing laws. (2) Exception \nParagraph (1)(A) shall not apply to a competitive sale or an election by the County to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (43 U.S.C. 869 et seq; commonly known as the Recreation and Public Purposes Act ). (h) Deadline for sale \n(1) In general \nExcept as provided in paragraph (2), the Secretary shall— (A) notwithstanding the Lincoln County Land Act of 2000 (114 Stat. 1046), not later than 75 days after the date of the enactment of this title, convey the land described in subsection (b)(1) if there is a qualified bidder for such land; and (B) not later than 1 year after the date of the enactment of this title, and annually thereafter until the land is disposed of, convey the land described in subsection (b)(2). (2) Postponement; exclusion from sale \n(A) Request by county for postponement or exclusion \n(i) In general \nAt the request of the County, the Secretary shall postpone or exclude from the sale all or a portion of the land described in subsection (b)(2). (ii) Indefinite postponement \nUnless specifically requested by the County, a postponement under clause (i) shall not be indefinite. (B) Exclusion by secretary \nNotwithstanding paragraph (1), the Secretary may exclude from sale not more than 10,000 acres of the land described in subsection (b)(2) if the Secretary determines that such sale is inconsistent with the protection of habitat and cultural resources.", "id": "H9D7DA244131040F6A054DE82B939A2B7", "header": "Conveyance of Lincoln County land" }, { "text": "103. Disposition of proceeds \n(a) Initial land sale \nSection 5 of the Lincoln County Land Act of 2000 (114 Stat. 1047) shall apply to the disposition of the gross proceeds from the sale of land described in section 103(b)(1). (b) Subsequent land sales \nOf the gross proceeds of the sale of the land described in section 103(b)(2)— (1) 5 percent shall be paid directly to the State for use in the general education program of the State; (2) 45 percent shall be paid to the County for use for economic development in the County, including County parks, trails, and natural areas; and (3) the remainder shall be deposited in a special account in the Treasury of the United States and shall be available without further appropriation to the Secretary until expended for— (A) the inventory, evaluation, protection, and management of unique archaeological resources (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) of the County; (B) the development of a multispecies habitat conservation plan for the County; and (C) the reimbursement of costs incurred by the Nevada State Office and the Ely Field Office of the Bureau of Land Management for— (i) preparing for the sale of land under section 103(a), including the costs of— (I) conducting any land boundary surveys; (II) complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (III) conducting any appraisals; (IV) obtaining environmental and cultural clearances; and (V) providing public notice of the sale; (ii) processing public land use authorizations and rights-of-way relating to the development of the land conveyed under section 103(a); (iii) processing the Silver State OHV trail and implementing the management plan required by section 401(c)(3) of this Act; and (iv) processing wilderness designations, including the costs of appropriate fencing, signage, public education, and enforcement for the wilderness areas designated. (c) Investment of special account \nAny amounts deposited in the special account shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.", "id": "H787E46EE6CEE49C7B2C5CAC4F17A1A0", "header": "Disposition of proceeds" }, { "text": "201. Findings \nCongress finds that— (1) public land in the County contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those areas would benefit the County and all of the United States by— (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality.", "id": "HA2A84462948A4052A2DA713CA4D1F87", "header": "Findings" }, { "text": "202. Definitions \nIn this title: (1) County \nThe term County means Lincoln County, Nevada. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (3) State \nThe term State means the State of Nevada.", "id": "HD8135D6D190D423BAAD6D82DD6D602F", "header": "Definitions" }, { "text": "203. Additions to National Wilderness Preservation System \n(a) Additions \nThe following land in the State is designated as wilderness and as components of the National Wilderness Preservation System: (1) Mormon Mountains Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 153,939 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Mormon Mountains Wilderness. (2) Meadow Valley Range Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 124,833 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Meadow Valley Range Wilderness. (3) Delamar Mountains Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 111,389 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Delamar Mountains Wilderness. (4) Clover Mountains Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 85,757 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Clover Mountains Wilderness. (5) South Pahroc Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 25,638 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the South Pahroc Wilderness. (6) Worthington Mountains Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 30,936 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Worthington Mountains Wilderness. (7) Weepah Spring Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 51,117 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Weepah Spring Wilderness. (8) Parsnip Peak Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 45,837 acres, as generally depicted on the map entitled Northern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Parsnip Peak Wilderness. (9) White Rock Range Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 24,413 acres, as generally depicted on the map entitled Northern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the White Rock Range Wilderness. (10) Fortification Range Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 28,837 acres, as generally depicted on the map entitled Northern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Fortification Range Wilderness. (11) Far South Egans Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 36,384 acres, as generally depicted on the map entitled Northern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Far South Egans Wilderness. (12) Tunnel Spring Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 5,530 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Tunnel Spring Wilderness. (13) Big Rock Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 13,913 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Big Rock Wilderness. (14) Mt. Irish Wilderness \nCertain Federal land managed by the Bureau of Land Management, comprising approximately 31,088 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Mt. Irish Wilderness. (b) Boundary \nThe boundary of any portion of a wilderness area designated by subsection (a) that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access. (c) Map and legal description \n(1) In general \nAs soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each wilderness area designated by subsection (a) with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect \nEach map and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) Availability \nEach map and legal description shall be on file and available for public inspection in (as appropriate)— (A) the Office of the Director of the Bureau of Land Management; (B) the Office of the State Director of the Bureau of Land Management; (C) the Ely District Office of the Bureau of Land Management; and (D) the Caliente Field Office of the Bureau of Land Management. (d) Withdrawal \nSubject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.", "id": "H1DFD19D171BD42FC998ED4DB93BA554", "header": "Additions to National Wilderness Preservation System" }, { "text": "204. Administration \n(a) Management \nSubject to valid existing rights, each area designated as wilderness by this title shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of the enactment of this title; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock \nWithin the wilderness areas designated under this title that are administered by the Bureau of Land Management, the grazing of livestock in areas in which grazing is established as of the date of enactment of this title shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ), including the guidelines set forth in Appendix A of House Report 101–405. (c) Incorporation of acquired land and interests \nAny land or interest in land within the boundaries of an area designated as wilderness by this title that is acquired by the United States after the date of the enactment of this title shall be added to and administered as part of the wilderness area within which the acquired land or interest is located. (d) Water rights \n(1) Findings \nCongress finds that— (A) the land designated as Wilderness by this title is within the Northern Mojave Desert, is arid in nature, and includes ephemeral streams; (B) the hydrology of the land designated as wilderness by this title is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels; (C) the subsurface hydrogeology of the region is characterized by ground water subject to local and regional flow gradients and unconfined and artesian conditions; (D) the land designated as wilderness by this title is generally not suitable for use or development of new water resource facilities; and (E) because of the unique nature and hydrology of the desert land designated as wilderness by this title, it is possible to provide for proper management and protection of the wilderness and other values of lands in ways different from those used in other legislation. (2) Statutory construction \nNothing in this title— (A) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by this title; (B) shall affect any water rights in the State existing on the date of the enactment of this title, including any water rights held by the United States; (C) shall be construed as establishing a precedent with regard to any future wilderness designations; (D) shall affect the interpretation of, or any designation made pursuant to, any other Act; or (E) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States. (3) Nevada water law \nThe Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this title with respect to the wilderness areas designated by this title. (4) New projects \n(A) Water resource facility \nAs used in this paragraph, the term water resource facility — (i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures; and (ii) does not include wildlife guzzlers. (B) Restriction on new water resource facilities \nExcept as otherwise provided in this Act, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness areas designated by this Act.", "id": "HEAA4C0CEBD214908BD4776FFD14C34BB", "header": "Administration" }, { "text": "205. Adjacent management \n(a) In general \nCongress does not intend for the designation of wilderness in the State pursuant to this title to lead to the creation of protective perimeters or buffer zones around any such wilderness area. (b) Nonwilderness activities \nThe fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.", "id": "H32E6AB956A8645F7969421F9BBF77C6E", "header": "Adjacent management" }, { "text": "206. Military overflights \nNothing in this title restricts or precludes— (1) low-level overflights of military aircraft over the areas designated as wilderness by this title, including military overflights that can be seen or heard within the wilderness areas; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.", "id": "H78BF3C31D75743B9857168A24D70FAF3", "header": "Military overflights" }, { "text": "207. Native American cultural and religious uses \nNothing in this title shall be construed to diminish the rights of any Indian tribe. Nothing in this title shall be construed to diminish tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.", "id": "H98F0D61FCD2A48A0AD87729082314735", "header": "Native American cultural and religious uses" }, { "text": "208. Release of wilderness study areas \n(a) Finding \nCongress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the public land in the County administered by the Bureau of Land Management in the following areas has been adequately studied for wilderness designation: (1) The Table Mountain Wilderness Study Area. (2) Evergreen A, B, and C Wilderness Study Areas. (3) Any portion of the wilderness study areas— (A) not designated as wilderness by section 204(a); and (B) depicted as released on— (i) the map entitled Northern Lincoln County Wilderness Map and dated February 10, 2004; (ii) the map entitled Southern Lincoln County Wilderness Map and dated February 10, 2004; or (iii) the map entitled Western Lincoln County Wilderness Map and dated June 1, 2004. (b) Release \nAny public land described in subsection (a) that is not designated as wilderness by this title— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); (2) shall be managed in accordance with— (A) land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ); and (B) existing cooperative conservation agreements; and (3) shall be subject to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ).", "id": "HB755BC4B3592449700D267D1BBC09C78", "header": "Release of wilderness study areas" }, { "text": "209. Wildlife management \n(a) In general \nIn accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas designated by this title. (b) Management activities \nIn furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within wilderness areas designated by this title where consistent with relevant wilderness management plans, in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, including the occasional and temporary use of motorized vehicles, if such use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values and accomplish those purposes with the minimum impact necessary to reasonably accomplish the task. (c) Existing activities \nConsistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d) ) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, horses, and burros. (d) Wildlife water development projects \nSubject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by this Act if— (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (e) Hunting, fishing, and trapping \nIn consultation with the appropriate State agency (except in emergencies), the Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas designated by this Act. (f) Cooperative agreement \nThe terms and conditions under which the State, including a designee of the State, may conduct wildlife management activities in the wilderness areas designated by this title are specified in the cooperative agreement between the Secretary and the State, entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9, and signed November and December 2003, including any amendments to that document agreed upon by the Secretary and the State and subject to all applicable laws and regulations. Any references to Clark County in that document shall also be deemed to be referred to and shall apply to Lincoln County, Nevada.", "id": "H01AC761BE9CF4812A016DB9F69000008", "header": "Wildlife management" }, { "text": "210. Wildfire management \nConsistent with section 4 of the Wilderness Act ( 16 U.S.C. 1133 ), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) to manage wildfires in the wilderness areas designated by this title.", "id": "H7DEA23F24E75456EB74B85F2FD78E996", "header": "Wildfire management" }, { "text": "211. Climatological data collection \nSubject to such terms and conditions as the Secretary may prescribe, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas designated by this title if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities.", "id": "H8D5F94D124A64E8582008B723F27D3AF", "header": "Climatological data collection" }, { "text": "301. Utility corridor and rights-of-way \n(a) Utility Corridor \n(1) In general \nNotwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 , 1763), the Secretary of the Interior (referred to in this section as the Secretary ) shall establish a 2,640–foot wide corridor for utilities in Lincoln County and Clark County, Nevada, as depicted on the map entitled Lincoln County Conservation, Recreation, and Development Act , and dated June 14, 2004. (2) Availability \nEach map and legal description shall be on file and available for public inspection in (as appropriate)— (A) the Office of the Director of the Bureau of Land Management; (B) the Office of the State Director of the Bureau of Land Management; (C) the Ely District Office of the Bureau of Land Management; and (D) the Caliente Field Office of the Bureau of Land Management. (b) Rights-of-Way \n(1) In general \nNotwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 , 1763), the Secretary shall grant to the Southern Nevada Water Authority and the Lincoln County Water District rights-of-way to Federal land in Lincoln County and Clark County, Nevada, for any roads, wells, well fields, pipes, pipelines, pump stations, storage facilities, or other facilities and systems that are necessary for the construction and operation of a water conveyance system, as depicted on the map. (2) Applicable law \nA right-of-way granted under paragraph (1) shall be managed in accordance with section 4 of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2344). (3) Compliance with NEPA \nBefore granting a right-of-way under paragraph (1), the Secretary shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the identification and consideration of potential impacts to fish and wildlife resources and habitat. (c) Withdrawal \nSubject to valid existing rights, the utility corridors designated by subsection (a) are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (d) State water law \nNothing in this title shall— (1) prejudice the decisions or abrogate the jurisdiction of the Nevada State Engineer with respect to the appropriation, permitting, certification, or adjudication of water rights; (2) preempt Nevada State water law; or (3) limit or supersede existing water rights or interest in water rights under Nevada State law. (e) Water resources study \n(1) In general \nThe Secretary, acting through the United States Geological Survey and the Desert Research Institute, shall conduct a study to investigate ground water quantity, quality, and flow characteristics in the deep carbonate and alluvial aquifers of White Pine County, Nevada. The study shall— (A) include new and review of existing data; (B) determine the volume of water stored in aquifers in those areas; (C) determine the discharge and recharge characteristics of each aquifer system; (D) determine the hydrogeologic and other controls that govern the discharge and recharge of each aquifer system; and (E) develop maps at a consistent scale depicting aquifer systems and the recharge and discharge areas of such systems. (2) Timing; availability \nThe Secretary shall complete a draft of the water resources report required under paragraph (1) not later than 30 months after the date of the enactment of this Act. The Secretary shall then make the draft report available for public comment for a period of not less than 60 days. The final report shall be submitted to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate and made available to the public not later than 36 months after the date of the enactment of this Act.", "id": "H6F16456E41134DEBAB947139B001361", "header": "Utility corridor and rights-of-way" }, { "text": "302. Relocation of right-of-way and utility corridors located in Clark and Lincoln Counties in the State of Nevada \n(a) Definitions \nIn this section: (1) Agreement \nThe term Agreement means the land exchange agreement between Aerojet-General Corporation and the United States, dated July 14, 1988. (2) Corridor \nThe term corridor means— (A) the right-of-way corridor that is— (i) identified in section 5(b)(1) of the Nevada-Florida Land Exchange Authorization Act of 1988 (102 Stat. 55); and (ii) described in section 14(a) of the Agreement; (B) such portion of the utility corridor identified in the 1988 Las Vegas Resource Management Plan located south of the boundary of the corridor described in subparagraph (A) as is necessary to relocate the right-of-way corridor to the area described in subsection (c)(2); and (C) such portion of the utility corridor identified in the 2000 Caliente Management Framework Plan Amendment located north of the boundary of the corridor described in subparagraph (A) as is necessary to relocate the right-of-way corridor to the area described in subsection (c)(2). (3) Secretary \nThe term Secretary means the Secretary of the Interior. (b) Relinquishment and fair market value \n(1) In general \nThe Secretary shall, in accordance with this section, relinquish all right, title, and interest of the United States in and to the corridor on receipt of a payment in an amount equal to the fair market value of the corridor (plus any costs relating to the right-of-way relocation described in this title). (2) Fair market value \nThe fair market value of the corridor shall be determined based on the amount of the discount described in the Agreement that was applied to the land underlying the corridor, as adjusted for inflation in accordance with the Consumer Price Index for the West Urban area as of the date of enactment of this title. (c) Relocation \n(1) In general \nThe Secretary shall relocate to the area described in paragraph (2), the portion of IDI–26446 and UTU–73363 identified as NVN–49781 that is located in the corridor relinquished under subsection (b)(1). (2) Description of area \nThe area referred to in paragraph (1) consists of an area— (A) 1,000 feet wide; and (B) located west of and parallel to the centerline of United States Route 93. (3) Requirements \nThe relocation under paragraph (1) shall be conducted in a manner that— (A) minimizes engineering design changes; and (B) maintains a gradual and smooth interconnection of the corridor with the area described in paragraph (2). (4) Authorized uses \nThe Secretary may authorize the location of any above ground or underground utility facility, transmission lines, gas pipelines, natural gas pipelines, fiber optics, telecommunications, water lines, wells (including monitoring wells), cable television, and any related appurtenances in the area described in paragraph (1). (d) Effect \nThe relocation of the corridor under subsection (c) shall not require the Secretary to— (1) update the 1998 Las Vegas Valley Resource Management Plan or the 2000 Caliente Management Framework Plan Amendment; or (2) undertake any further environmental assessment work before the relocation of the corridor. (e) Waiver of certain requirements \nThe Secretary shall waive the requirements of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) that would otherwise be applicable to the holders of the right-of-way corridor described in subsection (a)(2)(A) with respect to an amendment to the legal description of the right-of-way corridor.", "id": "HB50ACB64740F4FF6001FF113CDBB2106", "header": "Relocation of right-of-way and utility corridors located in Clark and Lincoln Counties in the State of Nevada" }, { "text": "401. Silver State off-highway vehicle trail \n(a) Definitions \nIn this section: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Map \nThe term Map means the map entitled Lincoln County Conservation, Recreation and Development Act Map and dated June 14, 2004. (3) Trail \nThe term Trail means the system of trails designated in subsection (b) as the Silver State Off-Highway Vehicle Trail. (b) Designation \nThe trails that are depicted on the Map are hereby designated as the Silver State Off-Highway Vehicle Trail. (c) Management \n(1) In general \nThe Secretary shall manage the Trail in a manner that— (A) is consistent with motorized and mechanized use of the Trail that is authorized on the date of the enactment of this title pursuant to applicable Federal and State laws and regulations; (B) ensures the safety of the people who use the Trail; and (C) does not damage sensitive habitat or cultural resources. (2) Management plan \n(A) In general \nNot later than 2 years after the date of the enactment of this title, the Secretary, in consultation with the State, the County, and any other interested persons, shall complete a management plan for the Trail. (B) Components \nThe management plan shall— (i) describe the appropriate uses and management of the Trail; (ii) authorize the use of motorized and mechanized vehicles on the Trail; and (iii) describe monitoring and enforcement actions carried out to minimize environmental impacts and prevent damage to cultural resources from the use of the Trail. (3) Closures \n(A) In general \nThe Secretary, in consultation with the State and the County, may temporarily close a portion of the Trail if the Secretary determines that— (i) the Trail is having an adverse impact on— (I) natural resources; or (II) cultural resources; (ii) the Trail threatens public safety; (iii) closure of the Trail is necessary to repair damage to the Trail; or (iv) closure of the Trail is necessary to repair resource damage. (B) Notice \nThe Secretary shall provide information to the public regarding any routes on the Trail that are closed under subparagraph (A), including by providing appropriate signage along the Trail. (4) Notice of open routes \nThe Secretary shall ensure that visitors to the Trail have access to adequate notice regarding the routes on the Trail that are open through use of appropriate signage along the Trail and other information considered appropriate by the Secretary. (d) No effect on non-federal land and interests in land \nNothing in this section shall be construed to affect ownership, management, or other rights related to non-Federal land or interests in land. (e) Map on file \nThe Map shall be kept on file at the appropriate offices of the Secretary. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H98ED500A333E4D8F97E31275A8999C48", "header": "Silver State off-highway vehicle trail" }, { "text": "501. Open space park conveyance to Lincoln County, Nevada \n(a) Conveyance \nNotwithstanding section 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1171 , 1712), the Secretary may convey to the County, subject to valid existing rights, for no consideration, all right title, and interest of the United States in and to the parcels of land described in subsection (b). (b) Description of land \nThe parcels of land referred to in subsection (a) are the parcels of land depicted as Lincoln County Parks Proposal on the map entitled Lincoln County Conservation, Recreation, and Development Act Map and dated June 1, 2004. (c) Costs \nAny costs relating to any conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the County, or in accordance with section 104(b)(2) of this Act. (d) Use of Land \n(1) In General \nAny parcel of land conveyed to the County under subsection (a) shall be used only for— (A) the conservation of natural resources; or (B) public parks. (2) Facilities \nAny facility on a parcel of land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion \nIf a parcel of land conveyed under subsection (a) is used in a manner that is inconsistent with the uses specified in subsection (d), the parcel of land shall, if determined to be appropriate by the Secretary, revert to the United States.", "id": "HBA5FC39269BA4A448147D886053AB1D", "header": "Open space park conveyance to Lincoln County, Nevada" }, { "text": "502. Open space park conveyance to the State of Nevada \n(a) Conveyance \nNotwithstanding section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), the Secretary may convey to the State of Nevada, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcels of land described in subsection (b), if there is a written agreement between the State and Lincoln County, Nevada, supporting such a conveyance. (b) Description of land \nThe parcels of land referred to in subsection (a) are the parcels of land depicted as NV St. Park Expansion Proposal on the map entitled Lincoln County Conservation, Recreation, and Development Act Map and dated June 1, 2004. (c) Costs \nAny costs relating to any conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State. (d) Use of Land \n(1) In General \nAny parcel of land conveyed to the State under subsection (a) shall be used only for— (A) the conservation of natural resources; or (B) public parks. (2) Facilities \nAny facility on a parcel of land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion \nIf a parcel of land conveyed under subsection (a) is used in a manner that is inconsistent with the uses specified in subsection (d), the parcel of land shall, if determined to be appropriate by the Secretary, revert to the United States.", "id": "H15FCEA4C58CF4DA5BC1833E7CF8BBA5", "header": "Open space park conveyance to the State of Nevada" }, { "text": "601. Transfer of administrative jurisdiction between the Fish and Wildlife Service and the Bureau of Land Management \n(a) In General \nAdministrative jurisdiction over the land described in subsection (b) is transferred from the United States Bureau of Land Management to the United States Fish and Wildlife Service for inclusion in the Desert National Wildlife Range and the administrative jurisdiction over the land described in subsection (c) is transferred from the United States Fish and Wildlife Service to the United States Bureau of Land Management. (b) Description of Land \nThe parcel of land referred to in subsection (a) is the approximately 8,503 acres of land administered by the United States Bureau of Land Management as generally depicted on the map entitled Lincoln County Conservation, Recreation, and Development Act Map and identified as Lands to be transferred to the Fish and Wildlife Service and dated June 1, 2004. (c) Description of Land \nThe parcel of land referred to in subsection (a) is the approximately 8,382 acres of land administered by the United States Fish and Wildlife Service as generally depicted on the map entitled Lincoln County Conservation, Recreation, and Development Act Map and identified as Lands to be transferred to the Bureau of Land Management and dated June 1, 2004. (d) Availability \nEach map and legal description shall be on file and available for public inspection in (as appropriate)— (1) the Office of the Director of the Bureau of Land Management; (2) the Office of the State Director of the Bureau of Land Management; (3) the Ely District Office of the Bureau of Land Management; and (4) the Caliente Field Office of the Bureau of Land Management.", "id": "H100FE71C23804BE589AEE1F213B4C9D", "header": "Transfer of administrative jurisdiction between the Fish and Wildlife Service and the Bureau of Land Management" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Haiti Economic and Infrastructure Reconstruction Act.", "id": "H54801FB53DD14C7CA73613EBA8B477A2", "header": "Short Title" }, { "text": "2. Economic and Infrastructure Reconstruction Program for the Republic of Haiti \n(a) Program authorized \nThe President is authorized to establish an economic and infrastructure reconstruction program for the Republic of Haiti, to be known as the Haiti Economic and Infrastructure Reconstruction Program (in this section referred to as the Reconstruction Program ), under which individuals who are recruited into the Program will be deployed to Haiti to provide assistance to the Government of Haiti related to economic and infrastructure reconstruction and development. (b) Appointment \nIf the President establishes the Reconstruction Program under subsection (a), the President shall appoint an officer or employee of the Bureau for Latin America and the Caribbean of the United States Agency for International Development to serve as the Director of the Reconstruction Program. The Director shall possess expertise with respect to— (1) Haiti; or (2) economic, educational, judicial, law enforcement, healthcare, or infrastructure reconstruction and recovery efforts in developing countries. (c) Coordination \nThe Director shall coordinate with appropriate officials from the Government of Haiti to identify ministries and agencies of the Government of Haiti that require assistance concerning the reconstruction and development in Haiti with respect to— (1) the economy, including a special emphasis on the development of private and public domestic and foreign business investment; (2) the educational system, including a special emphasis on the development of school facilities, teacher training programs, and administration management programs; (3) the judiciary and the rule of law; (4) the healthcare system; and (5) the infrastructure. (d) Recruitment of individuals for participation in the Reconstruction Program \n(1) Required qualifications \nThe Director shall recruit individuals who are citizens of the United States and who possess— (A) at minimum, a four-year college or university degree awarded from an accredited college or university located in the United States; or (B) such skills or expertise as the Director determines to be relevant or appropriate to carry out the Reconstruction Program. (2) Haitian-Americans \nTo the maximum extent practicable, the Director shall recruit Haitian-Americans. (e) Use of funds \nThe Director shall use funds appropriated for the Reconstruction Program to— (1) cover the costs of housing, in such amounts as the Director determines to be appropriate, for individuals who are deployed to Haiti to carry out the Reconstruction Program; and (2) pay such individuals a salary, in such amounts as the Director determines to be appropriate, taking into consideration the expertise of an individual and the position in the Reconstruction Program held by such individual. (f) Length of deployment in Haiti \n(1) One year \nIndividuals recruited under subsection (d) may be deployed to Haiti under the Reconstruction Program for no longer than one year. (2) Exception \nIf the Director determines that an extended period of deployment for any individual is appropriate, and such individual consents to such extension, the Director may extend the deployment of such individual for no longer than two additional years. (g) Reports \n(1) First interim report \nNot later than six months after the date of the enactment of this Act, the President shall submit to Congress a first interim report regarding the Reconstruction Program. (2) Second interim report \nNot later than 12 months after the date of the enactment of this Act, the President shall submit to Congress a second interim report regarding the Reconstruction Program. (3) Final report \nNot later than 18 months after the date of the enactment of this Act, the President shall submit to Congress a final report regarding the Reconstruction Program. (4) Contents \nThe interim and final reports shall include information relating to the following: (A) A description and explanation of the process of recruitment of individuals for participation in the Reconstruction Program, including a description and explanation of— (i) the selection criteria used; and (ii) any incentives offered and the cost of such incentives. (B) The number of individuals recruited and the ministry or agency and the locality in which each individual is placed. (C) The potential for expansion of the Reconstruction Program. (h) Infrastructure defined \nIn this section, the term infrastructure means a road, highway, bridge, tunnel, airport, mass transportation vehicle or system, intermodal transportation facility, waterway, commercial port, drinking or waste water treatment facility, solid waste disposal facility, pollution control system, and gas, electricity, and oil utilities. (i) Authorization of appropriations \nThere are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2005 through 2010. It is the sense of Congress that at least $3,000,000 should be made available for each of those fiscal years to carry out this section.", "id": "H527AE09839964F599DAC20C2985733B0", "header": "Economic and Infrastructure Reconstruction Program for the Republic of Haiti" }, { "text": "3. Healthcare Assistance Program for Haiti \n(a) Healthcare program authorized \nThe President is authorized to establish a healthcare assistance program for Haiti, to be known as the Haiti Healthcare Assistance Program (in this section referred to as the Healthcare Program ), under which grants may be made to qualified nongovernmental organizations to establish programs in Haiti related to the prevention of infectious diseases in Haiti. (b) Coordination \nIf the President establishes the Healthcare Program under subsection (a), the President shall seek to work with appropriate officials from the Government of Haiti and with appropriate individuals from international financial institutions, civil society, nongovernmental organizations, and international organizations to work in coordination and cooperation with qualified nongovernmental organizations. (c) Use of grant funds \nA qualified nongovernmental organization that receives a grant this section shall use the grant to promulgate a comprehensive and integrated strategy to combat and control infectious diseases in Haiti through the establishment of a comprehensive healthcare infrastructure in Haiti that focuses on education, prevention, care, treatment, support, capacity development, and other related activities. (d) Satisfaction of criteria to be considered a qualified nongovernmental organization \nThe Administrator of the United States Agency for International Development shall promulgate criteria that shall be satisfied by a nongovernmental organization in order for such organization to be considered a qualified nongovernmental organization for purposes of this section. (e) Healthcare infrastructure defined \nIn this section, the term healthcare infrastructure means an inpatient or outpatient hospital, clinic, or medical facility and medical programs, including programs for hiring physicians, nurses, or other medical personnel and programs for acquiring transportation and communications systems for medical purposes. (f) Authorization of appropriations \nThere are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2005 through 2010. It is the sense of Congress that at least $3,000,000 should be made available for each of those fiscal years to carry out this section.", "id": "HC0F2E338F36B45EE87BC78B9B66E9CD0", "header": "Healthcare Assistance Program for Haiti" } ]

[ { "text": "1. Expansion of the Agricultural Management Assistance Program \nSection 524(b)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b)(1) ) is amended by inserting Hawaii, after Delaware,.", "id": "H59496469D7964979828C2DEE1EBDE65B", "header": "Expansion of the Agricultural Management Assistance Program" } ]

[ { "text": "1. Golden gate national recreation area \nSection 4(f) of Public Law 92–589 ( 16 U.S.C. 460bb–3 ) is amended by striking Haslett Warehouse, Cliff House Properties and Louis’ Restaurant, and all that follows and inserting Cliff House Properties and Louis’ Restaurant, the Secretary may enter into a contract for the management (including rental or lease) of the aforementioned properties with such terms and conditions as will protect the Government’s interest. Any proceeds from the use of such properties shall be available until expended, without further appropriation, for the administration, maintenance, repair and related expenses of the properties and for major renovation and park rehabilitation of those buildings included in the Fort Mason Foundation Agreement.", "id": "H71B236389F4A4A96B1AF2845FA4F2B6C", "header": "Golden gate national recreation area" }, { "text": "2. San francisco maritime national historical park \nSection 3 of Public Law 100–348 ( 16 U.S.C. 410nn–1 ) is amended— (a) by amending the text of subsection (c) to read as follows: Notwithstanding any other provision of law, in the administration of any real or personal property (including vessels and heavy marine equipment such as floating drydocks) that is administered as part of the park, the Secretary may enter into a contract for the management (including rental or lease) of such property with such terms and conditions as will protect the Government’s interest. Any proceeds from the use of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of the property. ; and (b) in the second sentence of subsection (d) by striking shall be credited and all that follows and by inserting shall be available until expended, without further appropriation, for use at the park for purposes of facility maintenance and repair, interpretation, signage, habitat or facility enhancement, resource preservation, annual operations (including fee collection), and law enforcement..", "id": "H3A766343D875471CAF62D3B1FE289872", "header": "San francisco maritime national historical park" }, { "text": "3. Conforming amendments \n(a) Section 2(b) of Public Law 100–348 ( 16 U.S.C. 410nn ) is amended— (1) by striking numbered 641/80,053 and dated April 7, 1987 and inserting numbered 350/80,012 and dated June 2004 ; and (2) by striking the third and fourth sentences and inserting the following: The Secretary of the Interior (hereinafter in this Act referred to as the Secretary ) may make minor revisions to the boundary of the park in accordance with section 7(c) of the Land and Water Conservation Act of 1965 ( 16 U.S.C. 460l–9(c) ). (b) Section 4(e) of Public Law 92–589 ( 16 U.S.C. 460bb–3 ) is amended by striking and for admission to the sailing vessel Balclutha and other historic vessels of the National Maritime Museum.", "id": "H6A6DACD028754E3681648760514058E7", "header": "Conforming amendments" } ]

[ { "text": "1. Identification of trade expansion priorities \nSection 310 of the Trade Act of 1974 is amended to read as follows: 310. Identification of trade expansion priorities \n(a) Identification \n(1) Identification and report \nWithin 30 days after the submission in each of calendar years 2005 through 2009 of the report required by section 181(b), the Trade Representative shall— (A) review United States trade expansion priorities; (B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent; and (C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices identified. (2) Factors \nIn identifying priority foreign country practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including— (A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b); (B) the trade agreements to which a foreign country is a party and its compliance with those agreements; (C) the medium- and long-term implications of foreign government procurement plans; and (D) the international competitive position and export potential of United States products and services. (3) Contents of report \nThe Trade Representative may include in the report, if appropriate— (A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and (B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries and progress is being made toward the elimination of such practices. (b) Initiation of consultations \nBy no later than the date that is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall seek consultations with each foreign country identified in the report as engaging in priority foreign country practices for the purpose of reaching a satisfactory resolution of such priority practices. (c) Initiation of investigation \nIf a satisfactory resolution of priority foreign country practices has not been reached under subsection (b) within 90 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall initiate under section 302(b)(1) an investigation under this chapter with respect to such priority foreign country practices. (d) Agreements for the elimination of barriers \nIn the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (c), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits. (e) Reports \nThe Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (c) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States..", "id": "H214D886D1B0C413DAEA35837739D0846", "header": "Identification of trade expansion priorities" }, { "text": "310. Identification of trade expansion priorities \n(a) Identification \n(1) Identification and report \nWithin 30 days after the submission in each of calendar years 2005 through 2009 of the report required by section 181(b), the Trade Representative shall— (A) review United States trade expansion priorities; (B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent; and (C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices identified. (2) Factors \nIn identifying priority foreign country practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including— (A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b); (B) the trade agreements to which a foreign country is a party and its compliance with those agreements; (C) the medium- and long-term implications of foreign government procurement plans; and (D) the international competitive position and export potential of United States products and services. (3) Contents of report \nThe Trade Representative may include in the report, if appropriate— (A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and (B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries and progress is being made toward the elimination of such practices. (b) Initiation of consultations \nBy no later than the date that is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall seek consultations with each foreign country identified in the report as engaging in priority foreign country practices for the purpose of reaching a satisfactory resolution of such priority practices. (c) Initiation of investigation \nIf a satisfactory resolution of priority foreign country practices has not been reached under subsection (b) within 90 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall initiate under section 302(b)(1) an investigation under this chapter with respect to such priority foreign country practices. (d) Agreements for the elimination of barriers \nIn the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (c), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits. (e) Reports \nThe Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (c) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States.", "id": "H9E4D73694FD545E7B5CE7E086000DE32", "header": "Identification of trade expansion priorities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the America Saving for Personal Investment, Retirement, and Education Act of 2004 or the ASPIRE Act of 2004.", "id": "HA23482FEF93B45B99DB71ECADB3C3885", "header": "Short title" }, { "text": "2. KIDS Account Fund \n(a) Establishment \nThere is established in the Treasury of the United States a KIDS Account Fund. (b) Amounts held by Fund \nThe KIDS Account Fund consists of the sum of all amounts paid into the Fund under subsections (d) and (e), increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses). (c) Use of Fund \n(1) In general \nThe sums in the KIDS Account Fund are appropriated and shall remain available without fiscal year limitation— (A) to invest under section 5, (B) to make distributions under section 6, (C) to pay the administrative expenses of carrying out this Act, and (D) to purchase insurance as provided in section 10(c)(2). (2) Exclusive purposes \nThe sums in the KIDS Account Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (d) Government Contributions \n(1) In general \nThe Secretary of the Treasury shall make transfers from the general fund of the Treasury to the KIDS Account Fund as follows: (A) Automatic contributions \nUpon receipt of each certification under section 3(b), the Secretary of the Treasury shall transfer $500. (B) Supplemental contributions \nUpon receipt of each certification under section 4(a), the Secretary of the Treasury shall transfer the supplemental amount. (C) Matching contributions \nUpon receipt of each certification under section 4(b), the Secretary of the Treasury shall transfer the matching amount. (2) Adjustment for inflation \n(A) In general \nFor each fifth calendar year beginning after 2005, the $500 amount in paragraph (1)(A) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding \nIf any amount adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (e) Private contributions \nThe Executive Director shall pay into the KIDS Account Fund such amounts as are contributed under section 3(f).", "id": "H2BED282AF63544BCA3B85B5F30127B61", "header": "KIDS Account Fund" }, { "text": "3. KIDS Accounts \n(a) Establishment \nThe Executive Director shall establish in the KIDS Account Fund a Kids Investment and Development Savings Account (hereinafter a KIDS Account ) for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of the account holder’s social security account number. (b) Certification of account holders \nOn the date on which an eligible individual is issued a social security account number under section 203(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual. (c) Account balance \nThe balance in an account holder’s KIDS Account at any time is the excess of— (1) the sum of— (A) all deposits made into the KIDS Account Fund and credited to the account under subsection (d), and (B) the total amount of allocations made to and reductions made in the account pursuant to subsection (e), over (2) the amounts paid out of the account with respect to such individual under section 6. (d) Crediting of contributions \nPursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each KIDS Account the amounts paid into the KIDS Account Fund under subsections (d) and (e) of section 2 which are attributable to the account holder of such account. (e) Allocation of earnings and losses \nThe Executive Director shall allocate to each KIDS Account an amount equal to the net earnings and net losses from each investment of sums in the KIDS Account Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director. (f) Private contributions \n(1) In general \nThe Executive Director shall accept cash contributions for payment into the KIDS Account Fund if such contribution is identified (in such manner as the Executive Director may require) with the account holder of a KIDS Account to whom it is to be credited at the time the contribution is made. (2) Alternative methods of contribution \n(A) Payroll deduction \nUnder regulations prescribed by the Executive Director and at the election of the employer, contributions under paragraph (1) may be made through payroll deductions. (B) Tax refunds \nUnder regulations prescribed by the Secretary of the Treasury, contributions under paragraph (1) may be made by an election to contribute all or a portion of the tax refund of the contributor. (3) Annual limitation \n(A) Account holders under age 18 \nIn the case of an account holder who has not attained age 18 at the end of a calendar year— (i) the limitation under section 219(b)(1) of the Internal Revenue Code of 1986 shall not apply, and (ii) the Executive Director shall not accept any contribution identified with such account holder if such contribution, when added to all other contributions made under this subsection during such calendar year with respect to such account holder, exceeds $1,000. (B) Account holders age 18 or older \nIn the case of an account holder who is age 18 or older at the end of a calendar year, any contribution identified with such account holder shall be taken into account under section 219(b)(1) of the Internal Revenue Code of 1986 for such year. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, the $1,000 amount under subparagraph (A)(ii) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (g) Eligible individual \nFor purposes of this Act, the term eligible individual means any individual who is— (1) a United States citizen or a person described in paragraph (1) of section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (2) born after December 31, 2005, and (3) less than 18 years of age. (h) Repayment of automatic contribution \nBeginning with the year in which an account holder of a KIDS Account attains the age of 30, such account holder shall repay, in such form and manner as the Executive Director shall prescribe by regulation, the amount transferred under section 2(d)(1)(A) and credited to the account of the account holder under subsection (d). (i) Rights of legal guardian \nUntil the account holder of a KIDS Account attains age 18, any rights or duties of the account holder under this Act with respect to such account shall be exercised or performed by the legal guardian of such account holder.", "id": "H0221A68641374757AED2D0514091ABB2", "header": "KIDS Accounts" }, { "text": "4. Certifications related to government contributions \n(a) Supplemental government contributions \n(1) In general \nUpon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each eligible account holder, certify to the Secretary of the Treasury the supplemental amount with respect to such account holder. (2) Eligible account holder \nFor purposes of this subsection, the term eligible account holder means an account holder of a KIDS Account who, for the last taxable year ending before such account holder’s certification under section 3(b), has a modified adjusted gross income which is below the applicable national median adjusted gross income amount. (3) Supplemental amount \n(A) In general \nFor purposes of this Act, the term supplemental amount means $500. (B) Income phase-out \nWith respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such account holder’s certification under section 3(b) which is in excess of 50 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 50 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (b) Government matching contribution \n(1) In general \nUpon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each private contribution to the account of an account holder which is made before such account holder attains age 18, certify to the Secretary of the Treasury the matching amount with respect to such contribution. (2) Matching amount \n(A) In general \nFor purposes of this subsection, the term matching amount means, with respect to the first $500 of private contributions to an account during any calendar year, an amount equal to 100 percent of such contribution. (B) Income phase-out \nWith respect to any account holder who has a modified adjusted gross income for the last taxable year ending before such contribution which is in excess of 100 percent of the applicable national median adjusted gross income amount, the $500 amount in subparagraph (A) shall be reduced (but not below zero) by an amount which bears the same ratio to $500 as such excess bears to 5 percent of the applicable national median adjusted gross income amount. (C) Adjustment for inflation \n(i) In general \nFor each fifth calendar year beginning after 2005, each of the $500 amounts under subparagraphs (A) and (B) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (3) Private contribution \nFor purposes of this subsection, the term private contribution means a contribution accepted under section 3(f). (c) Definitions and rules relating to modified adjusted gross income \nFor purposes of this section— (1) Special rule for account holders who can be claimed as dependents \nIn the case of an account holder of a KIDS Account for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to another taxpayer, any reference in this section to the modified adjusted gross income of the account holder for any taxable year shall be treated as a reference to the modified adjusted gross income of such other taxpayer. (2) Modified adjusted gross income \nThe term modified adjusted gross income has the meaning given such term in section 221(b) of the Internal Revenue Code of 1986. (3) Applicable national median adjusted gross income \n(A) In general \nThe term applicable national median adjusted gross income means, with respect to any calendar year, the median amount of adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) for individual taxpayers for taxable years ending in the prior calendar year as determined by the Secretary of the Treasury. (B) Joint returns \nThe applicable national median adjusted gross income shall be calculated and applied separately with respect to joint returns and all other returns.", "id": "H0A3E74F2141045399207801200DB588E", "header": "Certifications related to government contributions" }, { "text": "5. Rules governing KIDS Accounts relating to investment, accounting, and reporting \n(a) Default investment program \nThe KIDS Account Fund Board shall establish a default investment program under which, in a manner similar to a lifecycle investment program, sums in each KIDS Account are allocated to investment funds in the KIDS Account Fund based on the amount of time before the account holder attains the age of 18. Each account holder of a KIDS Account shall be enrolled in such program unless such account holder, in such form and manner as prescribed by the Executive Director, elects otherwise. (b) Other rules \nUnder regulations which shall be prescribed by the Executive Director, and subject to the provisions of this Act, the provisions of— (1) section 8438 of title 5, United States Code (relating to investment of the Thrift Savings Fund), (2) section 8439(b) of such title (relating to engagement of independent qualified public accountant), (3) section 8439(c) of such title (relating to periodic statements and summary descriptions of investment options), and (4) section 8439(d) of such title (relating to assumption of risk), shall apply with respect to the KIDS Account Fund and accounts maintained in such Fund in the same manner and to the same extent as such provisions relate to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. For purposes of this subsection, references in such sections 8438 and 8439 to an employee, Member, former employee, or former Member shall be deemed references to an account holder of a KIDS Account in the KIDS Account Fund.", "id": "H8A6E7CF24D384ECB9D8D89176CD2391C", "header": "Rules governing KIDS Accounts relating to investment, accounting, and reporting" }, { "text": "6. Distributions from KIDS Accounts \n(a) In general \nUnder regulations prescribed by the Executive Director, amounts in a KIDS Account shall, at the request of the account holder, be distributed to the account holder if the account holder demonstrates to the satisfaction of the Executive Director that such amount will be used for qualified expenses. (b) Age limitation \n(1) Early distributions \nNo distribution shall be made under subsection (a) with respect to any account holder of a KIDS Account before such account holder attains age 18. (2) Exception \nParagraph (1) shall not apply with respect to amounts distributed for qualified higher education expenses (as defined in section 529(e)(3) of the Internal Revenue Code of 1986). (c) Qualified expenses \nFor purposes of this Act, the term qualified expenses means, with respect to any account holder— (1) qualified distributions (within the meaning of section 408A(d)(2) of the Internal Revenue Code of 1986), (2) qualified higher education expenses (as defined in section 529(e)(3) of such Code), and (3) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 of the Internal Revenue Code of 1986 for the benefit of the account holder or a member of the family (within the meaning of section 529(e)(2) of such Code) of such account holder.", "id": "H5E0557A603A2488091FC12E00D28032", "header": "Distributions from KIDS Accounts" }, { "text": "7. Tax treatment of KIDS Accounts \n(a) In general \nExcept as otherwise provided in this Act, for purposes of the Internal Revenue Code of 1986— (1) each KIDS Account shall be treated in the same manner as a Roth IRA (within the meaning of section 408A of such Code), and (2) any distribution from such account shall be treated in the same manner as a distribution from a Roth IRA, except that distributions described in paragraphs (2) and (3) of section 6(c) shall be treated as qualified distributions under section 408A(d) of such Code. (b) Qualified rollovers contributions \n(1) In general \nExcept as provided in paragraph (2), no qualified rollover contribution (as defined in section 408A(e) of the Internal Revenue Code of 1986) shall be allowed with respect to a KIDS Account. (2) Qualified rollovers \nUnder regulations prescribed by the Secretary of the Treasury in consultation with the Executive Director, after an account holder of a KIDS Account attains the age of 18, such account holder may elect to make a rollover contribution from such account holder's account to— (A) a privately managed KIDS Account, or (B) a Roth IRA. (c) 100 percent tax on government contributions \n(1) KIDS Accounts \n(A) In general \nIn the case of any amount distributed from a KIDS Account which is attributable to contributions made under section 2(d) and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 of the Internal Revenue Code of 1986 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules \nFor purposes of this paragraph, distributions from KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) and from earnings before made from amounts attributable to contributions made under section 2(d). (2) Roth IRAs \nSection 408A(d) of the Internal Revenue Code of 1986 (relating to distribution rules) is amended by adding at the end the following new paragraph: (8) 100 percent tax on distributions related to certain government contributions \n(A) In general \nIn the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (i) such amount shall not be includible in gross income, and (ii) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (B) Ordering rules \nFor purposes of this paragraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004.. (3) Qualified tuition programs \nSection 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subparagraph: (E) 100 percent tax on distributions related to certain government contributions \n(i) In general \nIn the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this subparagraph)— (I) such amount shall not be includible in gross income, and (II) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. (ii) Ordering rules \nFor purposes of this subparagraph, distributions shall be treated as made from amounts attributable to other contributions and from earnings before made from amounts attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004..", "id": "HBF688CE8F96648CAB0645C00FEA4FDD", "header": "Tax treatment of KIDS Accounts" }, { "text": "8. Private management of KIDS Accounts \n(a) In general \nPart I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: 408B. Privately Managed KIDS Accounts \n(a) In general \nExcept as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account \nFor purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account.. (b) Conforming amendment \nThe table of sections for part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 408A the following new item: Sec. 408B. Privately managed KIDS Accounts.", "id": "H45C5B7079CF34F8AB3BA5127A75001E7", "header": "Private management of KIDS Accounts" }, { "text": "408B. Privately Managed KIDS Accounts \n(a) In general \nExcept as provided in this section, a privately managed KIDS Account shall be treated in the same manner as a Roth IRA, except that: (1) Qualified distributions shall include— (A) qualified higher education expenses (as defined in section 529(e)(3)) of the beneficiary of a privately managed KIDS Account, and (B) amounts which within 60 days of distribution are transferred to a qualified tuition program under section 529 for the benefit of the account holder of a privately managed KIDS Account or a member of the family (within the meaning of section 529(e)(2)) of such account holder. (2) Section 408A(d)(2)(B) shall not apply. (3) In lieu of the definition given the term qualified rollover contribution under section 408A(e), such term shall mean a rollover contribution to a privately managed KIDS Account from another such account or from a KIDS Account under section 7(b)(2)(A) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 , but only if such rollover contribution meets the requirements of section 408(d)(3). (4) In the case of any distribution which is attributable to contributions made under section 2(d) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and which would be includible in gross income (but for this paragraph)— (A) such amount shall not be includible in gross income, and (B) the tax imposed under chapter 1 on the distributee for the taxable year in which such amount is distributed shall be increased by 100 percent of such amount. For purposes of this paragraph, distributions from privately managed KIDS Accounts shall be treated as made from amounts attributable to contributions made under section 3(f) of the America Saving for Personal Investment, Retirement, and Education Act of 2004 and from earnings before made from amounts attributable to contributions made under section 2(d) of such Act. (b) Privately managed KIDS Account \nFor purposes of this title, the term privately managed KIDS Account means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) as a privately managed KIDS Account.", "id": "HFA3B08313B4E4069B3DD117FD404FA1C", "header": "Privately Managed KIDS Accounts" }, { "text": "9. KIDS Account Fund Board \n(a) In general \nThere is established in the Executive branch of the Government a KIDS Account Fund Board. (b) Composition, duties, and responsibilities \nSubject to the provisions of this Act, the provisions of— (1) section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board), (2) section 8474 of such title (relating to Executive Director), (3) section 8475 of such title (relating to investment policies), and (4) section 8476 of such title (relating to administrative provisions), shall apply with respect to the KIDS Account Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board.", "id": "HC71BA19D12574889B71540C3D54BB03B", "header": "KIDS Account Fund Board" }, { "text": "10. Fiduciary responsibilities \n(a) In general \nUnder regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the KIDS Account Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. (b) Investigative authority \nAny authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a). (c) Exculpatory provisions; insurance \n(1) In general \nAny provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this Act shall be void. (2) Insurance \nAmounts in the KIDS Account Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.", "id": "H224EE61A0195487195C3AEE6B9B93DB5", "header": "Fiduciary responsibilities" }, { "text": "11. Assignment, alienation, and treatment of deceased individuals \n(a) Assignment and alienation \nUnder regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in KIDS Accounts in the KIDS Account Fund. (b) Treatment of accounts of deceased individuals \nIn the case of a deceased account holder of a KIDS Account which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the KIDS Account of such account holder’s surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder.", "id": "H81C6FDAB0A2846520049283D6088EDA", "header": "Assignment, alienation, and treatment of deceased individuals" }, { "text": "12. Accounts disregarded in determining eligibility for Federal benefits \nAmounts in any KIDS Account shall not be taken into account in determining any individual’s eligibility for any federally funded benefit, including student financial aid.", "id": "H35A8E74EEB67415FB44E7D956700A1B5", "header": "Accounts disregarded in determining eligibility for Federal benefits" }, { "text": "13. Reports \n(a) Annual report \nThe Executive Director, in consultation with the Secretary of the Treasury, shall annually transmit a written report to the Congress. Such report shall include— (1) a detailed description of the status and operation of the KIDS Account Fund and the management of the KIDS Accounts, and (2) a detailed accounting of the administrative expenses in carrying out this Act, including the ratio of such administrative expenses to the balance of the KIDS Account Fund and the methodology adopted by the Executive Director for allocating such expenses among the KIDS Accounts. (b) Repayment of automatic contributions \nNot later than 2 years before the issuance of any final regulation under section 3(h), the Executive Director shall transmit a written report to the Congress. Such report shall include a draft of the proposed regulation to be issued under such section and a description of the conclusions and recommendations of the Executive Director regarding the implementation of the following repayment options: (1) Repayment through service or employment in high-need professions or areas. (2) Increasing the Federal income tax liability of each account holder of a KIDS Account by $100 per year for 5 years after the account holder attains age 30. (3) Repayment from the account or other sources before the account holder of a KIDS Account attains age 30. (4) Alternatives for individuals facing financial hardship, including deferred repayment and forgiveness.", "id": "HFA38F00BC81E480B9496E2ED06E6819", "header": "Reports" }, { "text": "14. Programs for promoting financial literacy \nThe Secretary of the Treasury, in coordination with the Financial Literacy and Education Commission, shall develop programs to promote the financial literacy of account holders of KIDS Accounts and the legal guardians of such account holders who have the rights with respect to such accounts under section 3(i).", "id": "HE4B0679C80AA4834A42272B34678A332", "header": "Programs for promoting financial literacy" } ]

[ { "text": "1. Safety improvements required \n(a) Short title \nThis section may be cited as the Save the Statue of Liberty Act. (b) Requirement for safety improvements \nNot later than September 1, 2004, the Secretary of the Interior, acting through the National Park Service and using funds available to the Secretary for this purpose, shall commence necessary safety and other related improvements to the Statue of Liberty so that it may be reopened to the public.", "id": "HEAC0F5F506494A4AA3737EA9E9F2C63", "header": "Safety improvements required" } ]

[ { "text": "1. Earl B. Gilliam Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 5505 Stevens Way in San Diego, California, shall be known and designated as the Earl B. Gilliam 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 Earl B. Gilliam Post Office Building.", "id": "HDE24B1129A734D8DBEBD1700B88D316F", "header": "Earl B. Gilliam Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Long Term Care Quality Improvement Act of 2004.", "id": "HE37834CF847B429791A44FA265A66349", "header": "Short title" }, { "text": "2. Improvement in quality of long term care in skilled nursing facilities under medicare \n(a) Detailed reporting of nursing expenditures \nSection 1888 of the Social Security Act ( 42 U.S.C. 1395yy ) is amended by adding at the end the following new subsection: (f) Detailed reporting of nursing expenditures \n(1) In general \nFor cost reports submitted for cost reporting periods beginning on or after four months after the date of the enactment of this subsection, skilled nursing facilities shall separately report expenditures for wages and benefits for nursing staff (by staff level, breaking out at a minimum registered nurses, licensed professional nurses, and certified nurse assistants). (2) Modification of form \nThe Secretary, in consultation with private sector accountants experienced with medicare and medicaid nursing facility home cost reports, shall redesign such reports to meet the requirement of paragraph (1).. (b) Development and reporting of new quality measures \nSuch section is further amended by adding at the end the following new subsection: (g) Reporting on quality \n(1) In general \nThe Secretary shall identify and develop in accordance with this subsection quality measures appropriate for use with a payment system under this subsection. Such measures shall be developed in consultation with measurement experts, the Medicare Payment Advisory Commission, the Institute of Medicine, and representatives of providers and consumers. (2) Contents \nThe quality measures under this subsection— (A) shall include process measures; (B) may include structural measures, such as spending on direct care staffing or implementation of new technologies; (C) may include outcome measures that are risk adjusted with sufficient precision to be used in a payment system; (D) shall be valid and reliable; (E) shall be structured so that data collection systems involving new technologies can be used in a manner that minimizes provider burden and increases accuracy, particularly with respect to process measures; (F) shall include at least one quality measure that addresses nursing home staffing level and mix; and (G) shall make special provision for small skilled nursing facilities by establishing criteria for determining whether a nursing facility is large enough to yield meaningful data on each measure. (3) Posting \nThe Secretary shall post on the Secretary’s website relating to the medicare program a description of the new quality performance measures that are developed under this subsection when they are implemented.. (c) Linking payments to quality performance \nSuch section is further amended by adding at the end the following new subsection: (h) Base payments; adjustment in payment for quality performance \n(1) Maintenance of fiscal year 2005 payment rates as a floor \nExcept as provided under this subsection, and notwithstanding any other provision of law, the payment rates established under subsection (e) shall in no case be less than the RUG rates that are effective as of October 1, 2004, as adjusted annually under subsection (e)(4)(E). (2) Development of payment adjustment methods \n(A) In general \nThe Secretary shall develop and test one or more methods for linking payment rates under this section to quality. Such methods shall be identified in consultation with the Institute of Medicine, the Medicare Payment Advisory Commission, measurement experts, and representatives of consumers and providers. (B) Link to quality \nSuch methods shall make a portion of a provider’s payment under this title dependent on performance on one or more appropriate indicators of quality, as measured under subsection (f). At least one of the methods tested shall involve special payments for facilities that enhance quality by providing more direct care staffing than others, controlling for case mix. The Secretary may test such methods through pilot studies, demonstration projects, and other appropriate methods. (C) Deadline \nDevelopment and testing of appropriate quality measures and new payment methods for skilled nursing facilities under this subsection shall be completed, to the extent feasible, in conformance with timelines that may be recommended by the Institute of Medicine in its report on linking payments under this section to performance, but in no case later than 54 months after the date of the enactment of this subsection.. (d) Analysis of the adequacy of public payments and future financing options \nThe Secretary of Health and Human Services shall conduct a study of current and future financing of quality nursing facility care. Such study shall include an examination of the following: (1) The adequacy of Medicaid financing to pay for the quality of care required by State and Federal law and regulations. (2) Medicare’s cross-subsidization of care for Medicaid patients. (3) Total industry margins for skilled nursing facilities. (4) The impact of current trends, including litigation and staffing shortages, on nursing facility costs. (5) The impact of demographic changes in relation to provision of long-term care services. (6) Options for redressing any current problems with payment for nursing facility services. (7) Options for financing quality long term care, including nursing home care, over the next five decades. (e) Reports on activities \n(1) Annual reports \nThe Secretary shall submit annually to Congress a report on the amendments made by subsections (a) through (c) until the submission of the final report under paragraph (2). (2) Final report \nThe Secretary shall submit to Congress a final report on such activities not later than 5 years after the date of the enactment of this Act. The final report shall include the following: (A) The results of the study performed under subsection (d) and the impact of such amendments on the quality of care in skilled nursing facilities. (B) Recommendations for changes to the medicare payment system for extended care services in order to enhance quality in skilled nursing facilities. (C) An analysis of the pros and cons of alternative approaches to addressing other issues identified in such study.", "id": "H3B5957B45AD04D1B97C8D6B187E05769", "header": "Improvement in quality of long term care in skilled nursing facilities under medicare" } ]

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

[ { "text": "1. Establishment of New Hampshire memorial, Antietam National Battlefield, Maryland \n(a) Memorial authorized \nThe Secretary of the Interior shall authorize the establishment, at a suitable location approved by the Secretary within the boundaries of Antietam National Battlefield, of a memorial to the officers and enlisted men of the Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry Regiments and the First New Hampshire Light Artillery Battery who fought in the Battle of Antietam on September 17, 1862. (b) Authorized entity \nThe Secretary shall select the persons who will be permitted to establish the memorial authorized by subsection (a). (c) Design approvals \nThe size, design, and inscriptions of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary. (d) Prohibition on use of federal funds for establishment \nNo Federal funds may be expended to design the memorial authorized by subsection (a), to acquire the memorial, to prepare the site selected for the memorial, or to install the memorial. (e) Suspension for misrepresentation in fundraising \nThe Secretary may suspend the authority of the persons selected under subsection (b) to establish the memorial authorized by subsection (a) if the Secretary determines that fundraising efforts relating to the memorial have misrepresented an affiliation with the memorial or the Federal Government. (f) Annual Report \nUntil the memorial authorized by subsection (a) is installed, the persons selected under subsection (b) to establish the memorial shall submit to the Secretary an annual report of operations related to fundraising efforts for the memorial and progress on the establishment of the memorial. (g) Maintenance \nUpon installation of the memorial authorized by subsection (a), the Secretary shall assume responsibility for the maintenance of the memorial. The Secretary may accept contributions for the maintenance of the memorial from the persons selected under subsection (b) to establish the memorial and from other persons. Amounts accepted under this subsection shall be merged with other funds available to the Secretary for the maintenance of the memorial and credited to a separate account with the National Park Foundation.", "id": "HBEF15BB4AF6E452C8F71B7E4577E9327", "header": "Establishment of New Hampshire memorial, Antietam National Battlefield, Maryland" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fort Peck Lake Protection Act.", "id": "HBD3A3705AEFA4196AA2C6410F5F1B0F6", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) 2004 is the 6th consecutive year of severe drought in the State of Montana. (2) The biological and ecological resources at Fort Peck Lake, Montana, are compromised by drought and a lack of water. (3) The Secretary of the Army should manage the Missouri River Basin in a way that imparts equal emphasis on each of its uses, including flood control, navigation, recreation, and conservation of fish and wildlife (including threatened and endangered species).", "id": "H00A1664C77324BCDA73C15BDBF4C816C", "header": "Findings" }, { "text": "3. Fort Peck Lake, Montana \nThe project for flood control and other purposes, Fort Peck Lake, Montana, authorized by section 9 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved December 22, 1944 (58 Stat. 891), is modified to prohibit the Secretary of the Army from releasing water from Fort Peck Dam if the water level of Fort Peck Lake is 20 feet or more below the reservoir's full pool. If the Secretary does release water from Fort Peck Dam, the outflow from the release may not exceed the volume of water flowing into the lake, as measured in average daily cubic feet per second.", "id": "H550AC04DE38444D6825B1F7BCD3B8C12", "header": "Fort Peck Lake, Montana" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Nurse Education, Expansion, and Development Act of 2004.", "id": "H5D758124B5B249E8801B775358F8671B", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) While the Nurse Reinvestment Act ( Public Law 107–205 ) helped to increase applications to schools of nursing by 60 percent, schools of nursing have been unable to accommodate the influx of interested students because they have an insufficient number of nurse educators. It is estimated that— (A) in the 2003–2004 school year— (i) 61.5 percent of schools of nursing had from 1 to 15 vacant faculty positions; and (ii) an additional 30.9 percent of schools of nursing needed additional faculty, but lacked the resources needed to add more positions; and (B) 18,105 eligible candidates were denied admission to schools of nursing in 2003, primarily due to an insufficient number of faculty members. (2) A growing number of nurses with doctoral degrees are choosing careers outside of education. Over the last few years, there has been a 12 percent increase in doctoral nursing graduates seeking employment outside the education profession. (3) The average age of nurse faculty at retirement is 62.5 years. With the average age of doctorally-prepared faculty currently 53.5 years, a wave of retirements is expected within the next 10 years. (4) Master's and doctoral programs in nursing are not producing a large enough pool of potential nurse educators to meet the projected demand for nurses over the next 10 years. In the 2003–2004 school year, graduations from master's programs in nursing were down 2.5 percent or 251 graduates, and graduations from doctoral programs decreased by 9.9 percent or 44 graduates. (5) According to the February 2004 Monthly Labor Review of the Bureau of Labor Statistics, more than 1,000,000 new and replacement nurses will be needed by 2012.", "id": "HA733D3B7B1AE4E0AB658A27441C31286", "header": "Findings" }, { "text": "3. Capitation grants to increase the number of nursing faculty and students \n(a) Grants \nPart D of title VIII of the Public Health Service Act ( 42 U.S.C. 296p ) is amended by adding at the end the following: 832. Capitation grants \n(a) In general \nFor the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section. (b) Purpose \nA funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students. (c) Grant computation \n(1) Amount per student \nSubject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following: (A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program of education in nursing that— (i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and (ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area. (B) $1,405 for each full-time or part-time student who— (i) is enrolled at the school in a program of education in nursing leading to the degree of bachelor of science, bachelor of nursing, or an equivalent degree; and (ii) has not more than 3 years of academic credits remaining in the program. (C) $966 for each full-time or part-time student who is enrolled at the school in a program of education in nursing leading to an associate degree in nursing or an equivalent degree. (2) Limitation \nIn calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student— (A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a master’s degree or an equivalent degree; (B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a doctoral degree or an equivalent degree; (C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or (D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C). (d) Eligibility \nFor purposes of this section, the term eligible school of nursing means a school of nursing that— (1) is accredited by a nursing accrediting agency recognized by the Secretary of Education; (2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 school years preceding submission of the grant application; and (3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 school years preceding submission of the grant application. (e) Requirements \nThe Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each school year for which the grant is awarded, the school will comply with the following: (1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent. (2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent. (3) (A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding school year by 5 percent or 5 students, whichever is greater. (B) Subparagraph (A) does not apply to the first school year for which a school receives a grant under this section. (C) With respect to any school year, the Secretary may waive application of subparagraph (A) if— (i) the physical facilities at the school involved limit the school from enrolling additional students; or (ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding school years. (4) Not later than 1 year after receipt of the grant, the school will formulate and implement a plan to accomplish at least 2 of the following: (A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months. (B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology. (C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services. (D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care. (E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged. (F) Increasing enrollment of minority and diverse student populations. (G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members. (H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe. (I) Increasing integration of geriatric content into the core curriculum. (J) Partnering with economically disadvantaged communities to provide nursing education. (K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students. (5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education. (6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section. (g) Reports to Congress \nThe Secretary shall evaluate the results of grants under this section and submit to the Congress— (1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and (2) not later than the end of fiscal year 2007, a final report on such results. (h) Application \nTo seek a grant under this section, a school nursing shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (i) Authorization of appropriations \n(1) In general \nFor the costs of carrying out this section (except the costs described in paragraph (2)), there are authorized to be appropriated $75,000,000 for fiscal year 2005, $85,000,000 for fiscal year 2006, and $95,000,000 for fiscal year 2007. (2) Administrative costs \nFor the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007.. (b) GAO Study \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on ways to increase participation in the nurse faculty profession. (2) Contents of report \nThe report required by paragraph (1) shall include the following: (A) A discussion of the master’s degree and doctoral degree programs that are successful in placing graduates as faculty in schools of nursing. (B) An examination of compensation disparities throughout the nursing profession and compensation disparities between higher education instructional faculty generally and higher education instructional nursing faculty.", "id": "H70F92BE052354115B4027876E9505021", "header": "Capitation grants to increase the number of nursing faculty and students" }, { "text": "832. Capitation grants \n(a) In general \nFor the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section. (b) Purpose \nA funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students. (c) Grant computation \n(1) Amount per student \nSubject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following: (A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program of education in nursing that— (i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and (ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area. (B) $1,405 for each full-time or part-time student who— (i) is enrolled at the school in a program of education in nursing leading to the degree of bachelor of science, bachelor of nursing, or an equivalent degree; and (ii) has not more than 3 years of academic credits remaining in the program. (C) $966 for each full-time or part-time student who is enrolled at the school in a program of education in nursing leading to an associate degree in nursing or an equivalent degree. (2) Limitation \nIn calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student— (A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a master’s degree or an equivalent degree; (B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a doctoral degree or an equivalent degree; (C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or (D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C). (d) Eligibility \nFor purposes of this section, the term eligible school of nursing means a school of nursing that— (1) is accredited by a nursing accrediting agency recognized by the Secretary of Education; (2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 school years preceding submission of the grant application; and (3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 school years preceding submission of the grant application. (e) Requirements \nThe Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each school year for which the grant is awarded, the school will comply with the following: (1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent. (2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent. (3) (A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding school year by 5 percent or 5 students, whichever is greater. (B) Subparagraph (A) does not apply to the first school year for which a school receives a grant under this section. (C) With respect to any school year, the Secretary may waive application of subparagraph (A) if— (i) the physical facilities at the school involved limit the school from enrolling additional students; or (ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding school years. (4) Not later than 1 year after receipt of the grant, the school will formulate and implement a plan to accomplish at least 2 of the following: (A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months. (B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology. (C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services. (D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care. (E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged. (F) Increasing enrollment of minority and diverse student populations. (G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members. (H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe. (I) Increasing integration of geriatric content into the core curriculum. (J) Partnering with economically disadvantaged communities to provide nursing education. (K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students. (5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education. (6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section. (g) Reports to Congress \nThe Secretary shall evaluate the results of grants under this section and submit to the Congress— (1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and (2) not later than the end of fiscal year 2007, a final report on such results. (h) Application \nTo seek a grant under this section, a school nursing shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (i) Authorization of appropriations \n(1) In general \nFor the costs of carrying out this section (except the costs described in paragraph (2)), there are authorized to be appropriated $75,000,000 for fiscal year 2005, $85,000,000 for fiscal year 2006, and $95,000,000 for fiscal year 2007. (2) Administrative costs \nFor the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007.", "id": "HC7824AD51C794EC4867020C33884807D", "header": "Capitation grants" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Identity Management Security Act of 2004.", "id": "HA11596E821C442BE86E4D6CB12926248", "header": "Short title" }, { "text": "101. Definitions \nIn this title, the following definitions apply: (1) Driver’s license \nThe term driver’s license means a motor vehicle operator’s license, as defined in section 30301 of title 49, United States Code. (2) Identification card \nThe term identification card means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State. (3) State \nThe term State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (4) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "H3EB4947AC2634E19967653C4977DD683", "header": "Definitions" }, { "text": "102. Minimum document requirements and issuance standards for Federal recognition \n(a) Minimum standards for Federal use \n(1) In general \nBeginning 3 years after the date of enactment of this Act, a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section. (2) State certifications \nThe Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, with the concurrence of the Secretary of Transportation, may prescribe by regulation. (b) Minimum document requirements \nTo meet the requirements of this section, a State shall include, at a minimum, the following data elements and features on each driver’s license and identification card issued to a person by the State: (1) The person’s full legal name. (2) The person’s date of birth. (3) The person’s gender. (4) The person’s driver license or identification card number. (5) A photograph of the person. (6) The person’s address of principal residence. (7) The person’s signature. (8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. (9) A common machine-readable technology, with defined minimum data elements, that will facilitate the capture of driver’s license and identification card information by law enforcement officers. (c) Minimum issuance standards \n(1) In general \nTo meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following data elements before issuing a driver’s license or identification card to a person: (A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth. (B) Documentation showing the person’s date of birth. (C) Proof of the person’s social security number or verification that the person is not eligible for a social security number. (D) Documentation showing the person’s name and address of principal residence. (2) Verification of documents \nTo meet the requirements of this section, a State shall implement the following procedures: (A) Before issuing a driver’s license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document used to provide information required to be presented by the person under paragraph (1). (B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1). (d) Other requirements \nTo meet the requirements of this section, a State shall adopt the following practices in the issuance of driver licenses and identification cards: (1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. (2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years. (3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture. (4) Establish an effective procedure to confirm or verify a renewing applicant’s information. (5) Confirm with the Social Security Administration a social security number presented by a person using the full social security number. In the event that a social security number is already registered to or associated with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action. (6) Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation from the other State that the person is terminating or has terminated the driver’s license. (7) Ensure the physical security of locations where driver licenses and identification cards are produced and the security of document materials and papers from which driver licenses and identification cards are produced. (8) Subject all persons authorized to manufacture or produce driver licenses and identification cards to appropriate security clearance requirements. (9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of driver licenses and identification cards.", "id": "H155C7EE56E53427A96A9551C59AA1804", "header": "Minimum document requirements and issuance standards for Federal recognition" }, { "text": "103. Linking of databases \n(a) In general \nTo be eligible to receive any grant or other financial assistance made available under this Act, a State shall participate in the interstate compact regarding sharing of driver license data, known as the Driver License Agreement , in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. (b) Requirements for information \nA State motor vehicle database shall contain, at a minimum, the following information: (1) All data fields printed on driver licenses and identification cards issued by the State. (2) Motor vehicle driver histories, including motor vehicle violations, suspensions, and points on licenses.", "id": "H3E23E33ABC87492EBCAB87A2000380A0", "header": "Linking of databases" }, { "text": "104. Trafficking in authentication features for use in false identification documents \nSection 1028(a)(8) of title 18, United States Code, is amended by striking false authentication features and inserting false or actual authentication features.", "id": "HDC4312C3F78945619961A94F34A9966C", "header": "Trafficking in authentication features for use in false identification documents" }, { "text": "105. Grants to States \n(a) In general \nThe Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.", "id": "H3EA47B55A73F4F0F8898CA35E6C29661", "header": "Grants to States" }, { "text": "106. Authority \n(a) Participation of Secretary of Transportation and States \nAll authority to issue regulations, certify standards, and issue grants under this title shall be carried out by the Secretary, with the concurrence of the Secretary of Transportation and in consultation with the States. (b) Extensions of deadlines \nThe Secretary may grant an extension to the deadline established by section 102(a)(1) with respect to the driver licenses and identification cards issued by a State if the State submits to the Secretary, in writing, an adequate justification, as determined by the Secretary, for the extension.", "id": "H9CE9971CEF7249008266CBFFAC2C9CF6", "header": "Authority" }, { "text": "201. Definitions \nIn this title, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of Homeland Security. (2) Birth certificate \nThe term birth certificate means a certificate of birth— (A) for an individual (regardless of where born)— (i) who is a citizen or national of the United States at birth; and (ii) whose birth is registered in the United States; and (B) that— (i) is issued by a Federal, State, or local government agency or authorized custodian of record and produced from birth records maintained by such agency or custodian of record; or (ii) is an authenticated copy, issued by a Federal, State, or local government agency or authorized custodian of record, of an original certificate of birth issued by such agency or custodian of record.", "id": "H5734F248A1224996B1E1721500EFE492", "header": "Definitions" }, { "text": "202. GAO study of the security of birth certificates \n(a) Study \nThe Comptroller General shall conduct a study of the security of birth certificates and other birth documentation used by States as proof of identity. Such study shall include— (1) an assessment of the parties involved in the issuance of birth certificates and other birth documentation within the United States; (2) an assessment of the physical security features of domestic birth certificates and other domestic birth documentation; (3) an evaluation of fraudulent activity, both domestic and foreign, of domestic birth certificates and other domestic birth documentation used to acquire driver’s licenses or State-issued identification cards; and (4) an evaluation of methods used by Federal agencies, States and other parties involved in the issuance of domestic birth certificates and other domestic birth documentation to reduce fraudulent activity, both domestic and foreign. (b) Report \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding measures needed to improve both the physical security of birth certificates and other birth documentation and the process used by parties issuing such documents, including the establishment of minimum standards if necessary, to reduce fraudulent activity.", "id": "HC756071F2C4B4A9C91EA816D6D1DC84", "header": "GAO study of the security of birth certificates" }, { "text": "203. Eliminating duplication of vital records \n(a) Assistance in matching birth and death records \n(1) Grants \nThe Secretary, in coordination with other appropriate Federal agencies, shall make grants to States to assist them in— (A) computerizing their birth and death records; (B) developing the capability to match birth and death records within each State and among the States; and (C) noting the fact of death on the birth certificates of deceased persons. (2) Allocation of grants \nThe Secretary shall make grants to States under this subsection based on the proportion that the estimated annual average number of birth and death records created by a State applying for a grant bears to the estimated annual average number of birth and death records originated by all States. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.", "id": "H1A9225E41DE6424DA6C27F628BCB002D", "header": "Eliminating duplication of vital records" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Driver’s License Improvement and Security Act of 2004.", "id": "H738A53E89E5546DE8BD39CE505FECCF", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The terrorist attacks of September 11, 2001, illuminated many flaws in the Nation’s domestic security, especially in its identification system. (2) Drivers’ licenses and identification cards issued by States have become the favored form of identity verification in the United States and are used by government agencies and private entities alike. (3) Inconsistent requirements between the States for initial identity verification and insufficient verification of identity documents have made the identification systems of States a prime target for fraud and identity theft. (4) Different designs on drivers’ licenses and identification cards issued by States have created a market, including sales on the Internet, for fake cards that look real to those who are unfamiliar with the official designs. (5) The use of new technologies will improve the security of State identification systems. (6) Identification card technologies that accommodate other government and private applications create a Federal benefit that justifies Federal assistance. (7) Improving the security of drivers’ licenses and identification cards issued by the States will eliminate multiple licensing of individuals who commit fraud, impede the purchase of alcohol and tobacco products by underage individuals, and severely reduce identity theft. (8) The report of the Markle Foundation Task Force on National Security in the Information Age, published in December 2003, recommended that the Federal Government develop standards for State drivers’ licenses and identification cards and examine the application of smart card and biometric information technologies to such drivers’ licenses and identification cards. (9) The Final Report of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission ) described the potential for biometric identifiers in reducing identity fraud and specifically recommended that the Federal Government set standards for the issuance of drivers’ licenses.", "id": "HC934A08F6AAB48858B85CB21D9D900D4", "header": "Findings" }, { "text": "3. State driver’s license and identification card pilot programs \n(a) Definitions \nIn this section, the following definitions apply: (1) Driver’s license \nThe term driver’s license means a license issued by the motor vehicle agency of a State to an individual that authorizes the individual to operate a motor vehicle on highways. (2) Identification card \nThe term identification card means an identification card issued by the motor vehicle agency of a State to an individual. (3) Participating state \nThe term participating State means a State that is participating in the pilot program established under this section. (4) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Establishment of voluntary pilot program \n(1) In general \nThe Secretary shall carry out a pilot program to assist States in developing and implementing a driver’s license and identification card program that meets the requirements of this section. (2) Applications \nIn order to be eligible to participate in the pilot program, a State shall submit to the Secretary an application in such form and containing such information as the Secretary may require. (3) Number of participating states \nThe Secretary may select not more than 6 States for participation in the pilot program. (c) State driver’s license and identification card programs \nIn order to be eligible to participate in the pilot program, a State shall provide assurances satisfactory to the Secretary that the State will develop and implement a driver’s license and identification card program under which the State meets the following requirements: (1) Computer chips in drivers’ licenses and id cards \n(A) In general \nA participating State shall embed a computer chip in each new or renewed driver’s license or identification card issued by the State. (B) Requirements for computer chips \nA computer chip embedded in a driver’s license or identification card under this paragraph shall— (i) contain, in electronic form, all text data written on the license or card; (ii) contain encoded biometric data matching the holder of the license or card; (iii) contain encryption and security software or hardware (or both) that prevents access to data stored on the chip without the express consent of the individual to whom the data applies, other than access by a Federal, State, or local agency (including a court or law enforcement agency) in carrying out its functions, or by a private entity acting on behalf of a Federal, State, or local agency in carrying out its functions; (iv) accept data or software written to the license or card by non-governmental devices if the data transfer is authorized by the holder of the license or card; and (v) conform to any other standards issued by Secretary. (2) Biometric data \n(A) In general \nA participating State shall obtain biometric data for the identification of each individual to whom the State issues a new or renewed driver’s license or identification card and shall maintain such data. (B) Requirement for biometric data \nBiometric data obtained by a State under this paragraph shall be of a type that can be matched to the license or card holder only with the express cooperation of the license or card holder. (3) Participation in linking of databases \n(A) In general \nA participating State shall participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of other States. Such program shall be established by the Secretary, subject to the consultation requirements contained in subsection (d)(3). (B) Requirements for information \nA motor vehicle database of a participating State shall contain, at a minimum, the following information: (i) All data fields printed on drivers’ licenses and identification cards issued by the State, other than the encoded biometric data stored on such licenses and cards under paragraph (1). (ii) Biometric data obtained under paragraph (2) from each individual to whom the State issues a new or renewed driver’s license or identification card. (iii) Motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses. (4) Tamper-resistant security features \nA participating State shall include on each new or renewed driver’s license or identification card issued by the State, multiple tamper-resistant security features or optical image layers, such as biometric scans, barcodes, 3D, flip, or motion imaging, to assist in visual verification that the license or card is valid. (5) Documentation \nA participating State shall adopt and implement procedures for accurately documenting the identity and residence of an individual before issuing a driver’s license or identification card to the individual. (d) Guidelines \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Secretary shall issue guidelines to assist participating States in complying with the requirements of subsection (c). (2) Contents \nThe guidelines issued under this subsection shall contain, at a minimum, the following: (A) Standards for the computer chip technology required for compliance with subsection (c)(1), including— (i) standards to ensure interoperability and the ability to store multiple applications created by government agencies and private entities and transmitted to the license or card with the express consent of the license or card holder; and (ii) standards for the encoded biometric data that must be contained on each computer chip and requirements to ensure that such biometric data will be used only for matching the license or card to the presenter. (B) Standards for biometric data to be obtained from applicants for new or renewed State drivers’ licenses and identification cards under subsection (c)(2) and standards for maintaining such data. (C) Standards for linking State motor vehicle databases under subsection (c)(3) and standards for the information to be contained in the databases. (D) Standards for security features or optical image layers to be placed on State drivers’ licenses and identification cards under subsection (c)(4). (E) Standards for documentation of the identity and residence of an individual under subsection (c)(5), including a list of acceptable documents for establishing the identity and residence of an individual and procedures for verifying the authenticity of the documents. (F) Standards for a numbering system for State drivers’ licenses and identification cards that prevents duplication between States and does not make use of the license or card holder’s social security number. (3) Consultation \nGuidelines issued by the Secretary under this subsection shall be developed in consultation with the American Association of Motor Vehicle Administrators, the General Services Administration, and the National Institute of Standards and Technology. (4) Administrative procedures \nThe Secretary may issue guidelines under this subsection without regard to subchapter II of chapter 5 of title 5, United States Code. (e) Grants \n(1) In general \nThe Secretary may make grants to each participating State to assist the State in developing and implementing a driver’s license and identification card program that meets the requirements of subsections (b) and (c). (2) Federal share \nThe Federal share of the cost of activities funded using amounts from a grant received by a State under this subsection shall be 100 percent or a lesser percentage determined by the Secretary. (3) Reports \n— (A) State reports \nThe Secretary shall require a State that receives a grant under this subsection to submit to the Secretary a report on the activities carried out by the State using amounts from the grant. (B) Report to congress \nNot later than one year after the date on which the Secretary first makes grants under the pilot program, the Secretary shall transmit to Congress a report on the results of the program, including an assessment of the technology, reliability, effectiveness, and cost of the driver’s license and identification card programs of participating States. (f) Authorization of appropriations \nThere is authorized to be appropriated $100,000,000 to carry out this section. Such sums shall remain available until expended.", "id": "H22E4A5C6D11047A297CC86451800F09", "header": "State driver’s license and identification card pilot programs" }, { "text": "4. National Institute of Standards and Technology \n(a) Study \nThe Director of the National Institute of Standards and Technology, in consultation with the States and the American Association of Motor Vehicle Administrators, shall conduct a study of on-card biometric technologies to determine which technology is most effective and usable for purposes of the pilot program established under section 3. (b) Determinations \nIn conducting the study, the Director shall shall determine— (1) what type of biometric identifier, or combination of biometric identifiers, when captured and stored on the card in the form of a numeric algorithm is least prone to error; and (2) what combination of technologies and information sharing arrangements will prevent individuals from possessing multiple concurrent State drivers’ licenses or identification cards. (c) Report \nNot later than 1 year after the date of enactment of this Act, the Director shall submit to the Secretary of Transportation a report on the results of the study. (d) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H8226E5DD75AA428AA5268FB34E02ED66", "header": "National Institute of Standards and Technology" } ]

[ { "text": "1. Short title \nThis Act may be cited as the International Space Station Independent Safety Commission Act of 2004.", "id": "HBECB2271F4FA4FDD8B142E1EA05E0092", "header": "Short title" }, { "text": "2. Definitions \nFor purposes of this Act— (1) the term Commission means the Commission established under this Act; (2) the term ISS means the International Space Station; (3) the term NASA means the National Aeronautics and Space Administration; (4) the term NASA Administrator means the Administrator of NASA; and (5) the term NTSB means the National Transportation Safety Board.", "id": "HF0BD2F41B76A446481EF06F416DCF016", "header": "Definitions" }, { "text": "3. Establishment of Commission \n(a) Establishment \nThe President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment. (b) Deadline for establishment \nThe President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act.", "id": "HAC14E877EAB541C1A0C569DA1C37AF2F", "header": "Establishment of Commission" }, { "text": "4. Composition of Commission \n(a) Number of commissioners \nThe Commission shall consist of 15 members. (b) Selection \nThe members of the Commission shall be chosen in the following manner: (1) The Chairman of the NTSB shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Five of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective-bargaining organization including the largest number of NASA engineers, shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission. (4) (A) With the exception of the Chairman of the NTSB, no officer or employee of the Federal Government shall serve as a member of the Commission. (B) No member of the Commission shall have, or have pending, a contractual relationship with NASA. (C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission. (5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the NASA Administrator that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to human-carrying spacecraft, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for appointment \nAll members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. (d) Initial meeting \nThe Commission shall meet and begin operations as soon as practicable. (e) Quorum; vacancies \nAfter its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.", "id": "H04CA053C8C1D431890E8F2001CF32137", "header": "Composition of Commission" }, { "text": "5. Tasks of the Commission \nThe Commission shall, to the extent possible, undertake the following tasks: (1) Catalog threats to and vulnerabilities of the ISS, including design flaws, natural phenomena, computer software or hardware flaws, sabotage or terrorist attack, number of crewmembers, and inability to adequately deliver replacement parts and supplies, and management or procedural deficiencies. (2) Make recommendations for corrective actions. (3) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety. (4) Prepare a report to Congress, the President, and the public.", "id": "H0CB0346FBD6143C7A7AF72047C42E06F", "header": "Tasks of the Commission" }, { "text": "6. Powers of Commission \n(a) In general \n(1) Hearings and evidence \nThe Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas \n(A) Issuance \n(i) In general \nA subpoena may be issued under this subsection only— (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature \nSubject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement \n(i) In general \nIn the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement \nIn the case of a failure of a witness to comply with a subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting \nThe Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information from federal agencies \n(1) In general \nThe Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination \nInformation shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance from federal agencies \n(1) General services administration \nThe Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s tasks. (2) Other departments and agencies \nIn addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (3) NASA engineering and safety center \nThe NASA Engineering and Safety Center shall provide data and technical support as requested by the Commission. (e) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.", "id": "H46307AFE7DE848E58100464DD43DA15E", "header": "Powers of Commission" }, { "text": "7. Public meetings, information, and hearings \n(a) Public meetings and release of public versions of reports \nThe Commission shall— (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public hearings \nAny public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.", "id": "H4F472123B2664FEEB99CD2C03FFC6407", "header": "Public meetings, information, and hearings" }, { "text": "8. Staff of Commission \n(a) In general \n(1) Appointment and compensation \nThe Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of NASA shall not be appointed to the staff of the Commission. (2) Personnel as federal employees \n(A) In general \nThe executive director and any personnel of the Commission shall be considered employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission \nSubparagraph (A) does not apply to members of the Commission. (b) Detailees \nAny Federal Government employee, except for an employee of NASA, may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant services \nThe Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Any consultant or expert whose services are procured under this subsection shall disclose any contract or association it has with NASA or any NASA contractor.", "id": "H3569FA02973F4FF298447BCC714BFA35", "header": "Staff of Commission" }, { "text": "9. Compensation and travel expenses \n(a) Compensation \nEach member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel expenses \nWhile away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.", "id": "HACDBB044AD1342578D76ADE87CAD3F81", "header": "Compensation and travel expenses" }, { "text": "10. Security clearances for commission members and staff \nThe appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances.", "id": "HFC1F896CA1F74D81879251C377C25129", "header": "Security clearances for commission members and staff" }, { "text": "11. Reporting requirements and termination \n(a) Interim reports \nThe Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final report \nThe Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination \n(1) In general \nThe Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (d) National Academy of Sciences review \nThe NASA Administrator shall enter into an arrangement with the National Academy of Sciences for a review of compliance with the recommendations of the Commission. The National Academy of Sciences may consult with former members of the Commission as appropriate. The NASA Administrator shall transmit a report to the Congress containing the results of the review not later than 18 months after the date the final report of the Commission is submitted under section 11(b).", "id": "H205482182D65426CB9D635C2C6F7861B", "header": "Reporting requirements and termination" }, { "text": "12. Funding \nSuch sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.", "id": "H8AC4047196DF418382546E2B1198A212", "header": "Funding" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Probation and Parole Officer Safety Task Force Act of 2004.", "id": "H8A122A022183422386E5F493CCCBA4EE", "header": "Short Title" }, { "text": "2. Establishment \nThere is established within the Department of Justice a task force to be known as the Probation and Parole Officer Safety Task Force (in this Act referred to as the Task Force ).", "id": "HF23AB385C8994491988EE9F04BC6B700", "header": "Establishment" }, { "text": "3. Duties \n(a) Study \nThe Task Force shall study Federal and State policies and practices as they affect the personal safety of probation and parole officers during the execution of their duties and recommend guidelines for the safety training of probation and parole officers, the use of force by probation and parole officers in the execution of their duties, and equipment standards for probation and parole officers, including whether to arm such officers. (b) Report \nNot later than one year after the date on which all members of the Task Force have been appointed pursuant to section 4, the Task Force shall submit to the Attorney General and to Congress a report containing the results of the study and the recommended guidelines under subsection (a), along with any other information and recommendations that the Task Force considers relevant to the personal safety of probation and parole officers.", "id": "H6C9F1DFF29804F138054EEEA7152AFBA", "header": "Duties" }, { "text": "4. Membership \n(a) In General \nThe membership of the Task Force shall be composed of 9 individuals appointed by the Attorney General, in consultation with the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. (b) Qualifications \nThe members of the Task Force shall have knowledge of Federal and State policies and practices relating to the personal safety of probation and parole officers and shall include— (1) individuals with experience as a probation officer or other related official; (2) individuals with experience as a parole officer or other related official; and (3) representation from both urban and rural areas. (c) Deadline for Appointment \nThe members of the Task Force shall be appointed not later than 90 days after the date of the enactment of this Act. (d) Chairperson \nThe Chairperson of the Task Force shall be appointed by the Attorney General not later than 30 days after the date on which all of the members of the Task Force have been appointed. (e) Compensation \nThe members of the Task Force shall receive no compensation for their service on the Task Force. (f) Travel Expenses \nEach member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Administrative Support \nUpon the request of the Task Force, the head of any Federal agency shall, to the maximum extent practicable, provide to the Task Force such advice and assistance, with or without reimbursement, as is appropriate to assist the Task Force in carrying out its duties.", "id": "H45ACFE55A59D4A2086036FD7854DE91", "header": "Membership" }, { "text": "5. Termination \nThe Task Force shall terminate on the date on which the Task Force submits its report under section 3(b).", "id": "H8E48F02ECC6B49F8A65B46E213C4E6B6", "header": "Termination" }, { "text": "6. Violence Against Probation and Parole Officer Statistics \nBeginning after the date on which the Task Force terminates under section 5, the Director of the Bureau of Justice Statistics of the Department of Justice shall carry out, for each calendar year, a comprehensive statistical review of the incidence and effects of violence perpetrated against Federal and State probation and parole officers and submit a report containing the results of the review to the Attorney General.", "id": "H08E550721B134879A62F10E7B1516834", "header": "Violence Against Probation and Parole Officer Statistics" } ]

[ { "text": "1. McInnis Canyons National Conservation Area \n(a) Purpose \nThe Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Act of 2000 ( 16 U.S.C. 460mmm et seq. ) is amended in section 2(b) by striking Colorado Canyons and inserting McInnis Canyons. (b) Definitions \nSection 3 of such Act is amended— (1) in paragraph (1), by striking Colorado and inserting McInnis ; and (2) in paragraph (2), by striking Colorado and inserting McInnis. (c) Colorado Canyons National Conservation Area \nSection 4 of such Act is amended— (1) in the heading, by striking Colorado and inserting McInnis ; and (2) in subsection (a), by striking Colorado Canyons and inserting McInnis Canyons. (d) Advisory Council \nSection 8(a) of such Act is amended by striking Colorado Canyons and inserting McInnis Canyons. (e) Short Title \nSection 1 of such Act is amended by striking Colorado and inserting McInnis. (f) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Colorado Canyons National Conservation Area shall be deemed to be a reference to the McInnis Canyons National Conservation Area. (g) Effective Date \nThis section and the amendments made by this section take effect on January 1, 2005.", "id": "H16FC44CB58AE4C2381D905C28E533082", "header": "McInnis Canyons National Conservation Area" } ]

[ { "text": "1. Short title \nThis Act may be referred to as the International Consumer Protection Act of 2004.", "id": "HE2B12C5A3F0042008EA8C0981448BA45", "header": "Short title" }, { "text": "2. Foreign law enforcement agency defined \nSection 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) is amended by adding at the end the following: Foreign law enforcement agency means— (A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and (B) any multinational or multiagency organization to the extent that it is acting on behalf of an entity described in subparagraph (A)..", "id": "HA886BE4398D14E4EA97EE102AE4100FC", "header": "Foreign law enforcement agency defined" }, { "text": "3. Availability of remedies \nSection 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) is amended by adding at the end the following: (4) (A) For purposes of this subsection, the term unfair or deceptive acts or practices shall include such acts or practices involving foreign commerce that— (i) cause or are likely to cause reasonably foreseeable injury within the United States; or (ii) involve material conduct occurring within the United States. (B) All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and practices described in this paragraph, including restitution to domestic or foreign victims..", "id": "H4D027C7D9FAB4843A3EB65B1D5A061A", "header": "Availability of remedies" }, { "text": "4. Powers of the Commission \n(a) Publication of information; reports \nSection 6(f) of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) is amended— (1) by inserting (1) after such information the first place it appears; and (2) by striking purposes. and inserting purposes, and (2) to any officer or employee of any foreign law enforcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section 21(b).. (b) Other Powers of the Commission \nSection 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) is further amended by inserting after subsection (i) and before the proviso the following: (j) Investigative assistance for foreign law enforcement agencies \n(1) In general \nUpon a written request from a foreign law enforcement agency to provide assistance in accordance with this subsection, if the requesting agency states that it is investigating, or engaging in enforcement proceedings against, possible violations of laws prohibiting fraudulent or deceptive commercial practices, or other practices substantially similar to practices prohibited by any provision of the laws administered by the Commission, other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211(5) )), the Commission may provide the assistance described in paragraph (2) without requiring that the conduct identified in the request constitute a violation of the laws of the United States. (2) Type of assistance \nIn providing assistance to a foreign law enforcement agency under this subsection, the Commission may— (A) conduct such investigation as the Commission deems necessary to collect information and evidence pertinent to the request for assistance, using all investigative powers authorized by this Act; and (B) when the request is from an agency acting to investigate or pursue the enforcement of civil laws, or when the Attorney General refers a request to the Commission from an agency acting to investigate or pursue the enforcement of criminal laws, seek and accept appointment by a United States district court of Commission attorneys to provide assistance to foreign and international tribunals and to litigants before such tribunals on behalf of a foreign law enforcement agency pursuant to section 1782 of title 28, United States Code. (3) Criteria for determination \nIn deciding whether to provide such assistance, the Commission shall consider all relevant factors, including— (A) whether the requesting agency has agreed to provide or will provide reciprocal assistance to the Commission; (B) whether compliance with the request would prejudice the public interest of the United States; and (C) whether the requesting agency’s investigation or enforcement proceeding concerns acts or practices that cause or are likely to cause injury to a significant number of persons. (4) International agreements \nIf a foreign law enforcement agency has set forth a legal basis for requiring execution of an international agreement as a condition for reciprocal assistance, or as a condition for provision of materials or information to the Commission, the Commission, with prior approval and ongoing oversight of the Secretary of State, and with final approval of the agreement by the Secretary of State, may negotiate and conclude an international agreement, in the name of either the United States or the Commission, for the purpose of obtaining such assistance, materials, or information. The Commission may undertake in such an international agreement to— (A) provide assistance using the powers set forth in this subsection; (B) disclose materials and information in accordance with subsection (f) and section 21(b); and (C) engage in further cooperation, and protect materials and information received from disclosure, as authorized by this Act. (5) Additional authority \nThe authority provided by this subsection is in addition to, and not in lieu of, any other authority vested in the Commission or any other officer of the United States. (6) Limitation \nThe authority granted by this subsection shall not authorize the Commission to take any action or exercise any power with respect to a bank, a savings and loan institution described in section 18(f)(3) ( 15 U.S.C. 57a(f)(3) ), a Federal credit union described in section 18(f)(4) ( 15 U.S.C. 57a(f)(4) ), or a common carrier subject to the Act to regulate commerce, except in accordance with the proviso following the last designated subsection of section 6 ( 15 U.S.C. 46 ). (7) Assistance to certain countries \nThe Commission may not provide investigative assistance under this subsection to a foreign law enforcement agency from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act ( 50 U.S.C. App. 2405(j)(4) ). (k) Referral of evidence for criminal proceedings \n(1) In general \nWhenever the Commission obtains evidence that any person, partnership, or corporation, either domestic or foreign, has engaged in conduct that may constitute a violation of Federal criminal law, the Commission may transmit such evidence to the Attorney General, who may institute criminal proceedings under appropriate statutes. Nothing in this paragraph affects any other authority of the Commission to disclose information. (2) International information \nThe Commission shall endeavor to ensure, with respect to memoranda of understanding and international agreements it may conclude, that material it has obtained from foreign law enforcement agencies acting to investigate or pursue the enforcement of foreign criminal laws may be used for the purpose of investigation, prosecution, or prevention of violations of United States criminal laws. (l) Expenditures for cooperative arrangements \nThe Commission may expend appropriated funds for— (1) operating expenses and other costs of bilateral and multilateral cooperative law enforcement groups conducting activities of interest to the Commission and in which the Commission participates; and (2) expenses for consultations and meetings hosted by the Commission with foreign government agency officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to the Commission’s mission, development and implementation of cooperation agreements, and provision of technical assistance for the development of foreign consumer protection or competition regimes, such expenses to include necessary administrative and logistic expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including— (A) such incidental expenses as meals taken in the course of such attendance; (B) any travel and transportation to or from such meetings; and (C) any other related lodging or subsistence.. (c) Authorization of Appropriations \nThe Federal Trade Commission is authorized to expend appropriated funds not to exceed $100,000 per fiscal year for purposes of section 6(l) of the Federal Trade Commission Act ( 15 U.S.C. 46(l) ) (as added by subsection (b) of this Act), including operating expenses and other costs of the following bilateral and multilateral cooperative law enforcement agencies and organizations: (1) The International Consumer Protection and Enforcement Network. (2) The International Competition Network. (3) The Mexico-U.S.-Canada Health Fraud Task Force. (4) Project Emptor. (5) The Toronto Strategic Partnership and other regional partnerships with a nexus in a Canadian province. (d) Conforming amendment \nSection 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) is amended by striking clauses (a) and (b) in the proviso following subsection (l) (as added by subsection (b) of this section) and inserting subsections (a), (b), and (j).", "id": "HA4F1D8AE4AD748C000456400E64BD4EC", "header": "Powers of the Commission" }, { "text": "5. Representation in Foreign Litigation \nSection 16 of the Federal Trade Commission Act ( 15 U.S.C. 56 ) is amended by adding at the end the following: (c) Foreign litigation \n(1) Commission attorneys \nWith the concurrence of the Attorney General, the Commission may designate Commission attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the Commission has an interest. (2) Reimbursement for Foreign Counsel \nThe Commission is authorized to expend appropriated funds, upon agreement with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts, and for expenses related to litigation in foreign courts in which the Commission has an interest. (3) Limitation on use of funds \nNothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by section 1304 of title 31, United States Code. (4) Other authority \nThe authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General..", "id": "HE25304E88BE44869BC044B687901F605", "header": "Representation in Foreign Litigation" }, { "text": "6. Sharing information with foreign law enforcement agencies \n(a) Material obtained pursuant to compulsory process \nSection 21(b)(6) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(b)(6) ) is amended by adding at the end the following: The custodian may make such material available to any foreign law enforcement agency upon the prior certification of an appropriate official of any such foreign law enforcement agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement purposes, if— (A) the foreign law enforcement agency has set forth a bona fide legal basis for its authority to maintain the material in confidence; (B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of— (i) foreign laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by any law administered by the Commission; (ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or (iii) with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency’s government; (C) the appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) )) or, in the case of a Federal credit union, the National Credit Union Administration, has given its prior approval if the materials to be provided under subparagraph (B) are requested by the foreign law enforcement agency for the purpose of investigating, or engaging in enforcement proceedings based on, possible violations of law by a bank, a savings and loan institution described in section 18(f)(3) of the Federal Trade Commission Act ( 15 U.S.C. 57a(f)(3) ), or a Federal credit union described in section 18(f)(4) of the Federal Trade Commission Act ( 15 U.S.C. 57a(f)(4) ); and (D) the foreign law enforcement agency is not from a country that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act ( 50 U.S.C. App. 2405(j)(4) ). Nothing in the preceding sentence authorizes the disclosure of material obtained in connection with the administration of the Federal antitrust laws or foreign antitrust laws (as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 )) to any officer or employee of a foreign law enforcement agency.. (b) Information supplied by and about foreign sources \nSection 21(f) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(f) ) is amended to read as follows— (f) Exemption from public disclosure \n(1) In general \nAny material which is received by the Commission in any investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, and which is provided pursuant to any compulsory process under this Act or which is provided voluntarily in place of such compulsory process shall not be required to be disclosed under section 552 of title 5, United States Code, or any other provision of law, except as provided in paragraph (2)(B) of this section. (2) Material obtained from a foreign source \n(A) Except as provided in subparagraph (B) of this paragraph, the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law— (i) any material obtained from a foreign law enforcement agency or other foreign government agency, if the foreign law enforcement agency or other foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material; (ii) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or (iii) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign law enforcement agencies or other foreign government agencies. (B) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission..", "id": "HDB3379FD4FA14A7A9311AC141C6335F7", "header": "Sharing information with foreign law enforcement agencies" }, { "text": "7. Confidentiality, delayed notice of process \n(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended by inserting after section 21 the following: 21A. Confidentiality and delayed notice of compulsory process for certain third parties \n(a) Application with other laws \nThe Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, shall apply with respect to the Commission, except as otherwise provided in this section. (b) Procedures for delay of notification or prohibition of disclosure \nThe procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein— (1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ( 12 U.S.C. 3409 ) (if notification would otherwise be required under that Act), or section 2705 of title 18, United States Code, (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result, as defined in subsection (g); and (2) if notification would otherwise be required under chapter 121 of title 18, United States Code, the Commission may delay notification (including extending such a delay) upon the execution of a written certification in accordance with the procedures of section 2705 of that title if the Commission finds that there is reason to believe that notification may cause an adverse result, as defined in subsection (g). (c) Ex Parte Application by Commission \n(1) In general \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the Commission may apply ex parte to a presiding judge or magistrate judge for an order prohibiting the recipient of compulsory process issued by the Commission from disclosing to any other person the existence of the process, notwithstanding any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia. The presiding judge or magistrate judge may enter such an order granting the requested prohibition of disclosure for a period not to exceed 60 days if there is reason to believe that disclosure may cause an adverse result, as defined in subsection (g). The presiding judge or magistrate judge may grant extensions of this order of up to 30 days each in accordance with this subsection, except that in no event shall the prohibition continue in force for more than a total of 9 months. (2) Application \nThis subsection shall apply only in connection with compulsory process issued by the Commission where the recipient of such process is not a subject of the investigation or proceeding at the time such process is issued. (3) Limitation \nNo order issued under this subsection shall prohibit any recipient from disclosing to a Federal agency that the recipient has received compulsory process from the Commission. (d) No Liability for failure to notify \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the recipient of compulsory process issued by the Commission under this Act shall not be liable under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, or under any contract or other legally enforceable agreement, for failure to provide notice to any person that such process has been issued or that the recipient has provided information in response to such process. The preceding sentence does not exempt any recipient from liability for— (1) the underlying conduct reported; (2) a failure to comply with the record retention requirements under section 1104(c) of the Right to Financial Privacy Act ( 12 U.S.C. 3404 ), where applicable; or (3) any failure to comply with any obligation the recipient may have to disclose to a Federal agency that the recipient has received compulsory process from the Commission or intends to provide or has provided information to the Commission in response to such process. (e) Venue and Procedure \n(1) In general \nAll judicial proceedings initiated by the Commission under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), chapter 121 of title 18, United States Code, or this section may be brought in the United States District Court for the District of Columbia or any other appropriate United States District Court. All ex parte applications by the Commission under this section related to a single investigation may be brought in a single proceeding. (2) In camera proceedings \nUpon application by the Commission, all judicial proceedings pursuant to this section shall be held in camera and the records thereof sealed until expiration of the period of delay or such other date as the presiding judge or magistrate judge may permit. (f) Section Not To Apply to Antitrust Investigations or Proceedings \nThis section shall not apply to an investigation or proceeding related to the administration of Federal antitrust laws or foreign antitrust laws as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 ). (g) Adverse Result Defined \nFor purposes of this section the term adverse result means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such practices; (B) impeding the ability of the Commission to identify persons involved in fraudulent or deceptive commercial practices, or to trace the source or disposition of funds related to such practices; or (C) the dissipation, fraudulent transfer, or concealment of assets subject to recovery by the Commission.. (b) Conforming amendment \nSection 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (C) by striking or after the semicolon; (2) in subparagraph (D) by inserting or after the semicolon; and (3) by inserting after subparagraph (D) the following: (E) under section 21A of this Act;.", "id": "H1916C889A0D14E168F00E1F40CB4DA2", "header": "Confidentiality, delayed notice of process" }, { "text": "21A. Confidentiality and delayed notice of compulsory process for certain third parties \n(a) Application with other laws \nThe Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, shall apply with respect to the Commission, except as otherwise provided in this section. (b) Procedures for delay of notification or prohibition of disclosure \nThe procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein— (1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ( 12 U.S.C. 3409 ) (if notification would otherwise be required under that Act), or section 2705 of title 18, United States Code, (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result, as defined in subsection (g); and (2) if notification would otherwise be required under chapter 121 of title 18, United States Code, the Commission may delay notification (including extending such a delay) upon the execution of a written certification in accordance with the procedures of section 2705 of that title if the Commission finds that there is reason to believe that notification may cause an adverse result, as defined in subsection (g). (c) Ex Parte Application by Commission \n(1) In general \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the Commission may apply ex parte to a presiding judge or magistrate judge for an order prohibiting the recipient of compulsory process issued by the Commission from disclosing to any other person the existence of the process, notwithstanding any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia. The presiding judge or magistrate judge may enter such an order granting the requested prohibition of disclosure for a period not to exceed 60 days if there is reason to believe that disclosure may cause an adverse result, as defined in subsection (g). The presiding judge or magistrate judge may grant extensions of this order of up to 30 days each in accordance with this subsection, except that in no event shall the prohibition continue in force for more than a total of 9 months. (2) Application \nThis subsection shall apply only in connection with compulsory process issued by the Commission where the recipient of such process is not a subject of the investigation or proceeding at the time such process is issued. (3) Limitation \nNo order issued under this subsection shall prohibit any recipient from disclosing to a Federal agency that the recipient has received compulsory process from the Commission. (d) No Liability for failure to notify \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the recipient of compulsory process issued by the Commission under this Act shall not be liable under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, or under any contract or other legally enforceable agreement, for failure to provide notice to any person that such process has been issued or that the recipient has provided information in response to such process. The preceding sentence does not exempt any recipient from liability for— (1) the underlying conduct reported; (2) a failure to comply with the record retention requirements under section 1104(c) of the Right to Financial Privacy Act ( 12 U.S.C. 3404 ), where applicable; or (3) any failure to comply with any obligation the recipient may have to disclose to a Federal agency that the recipient has received compulsory process from the Commission or intends to provide or has provided information to the Commission in response to such process. (e) Venue and Procedure \n(1) In general \nAll judicial proceedings initiated by the Commission under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), chapter 121 of title 18, United States Code, or this section may be brought in the United States District Court for the District of Columbia or any other appropriate United States District Court. All ex parte applications by the Commission under this section related to a single investigation may be brought in a single proceeding. (2) In camera proceedings \nUpon application by the Commission, all judicial proceedings pursuant to this section shall be held in camera and the records thereof sealed until expiration of the period of delay or such other date as the presiding judge or magistrate judge may permit. (f) Section Not To Apply to Antitrust Investigations or Proceedings \nThis section shall not apply to an investigation or proceeding related to the administration of Federal antitrust laws or foreign antitrust laws as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 ). (g) Adverse Result Defined \nFor purposes of this section the term adverse result means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such practices; (B) impeding the ability of the Commission to identify persons involved in fraudulent or deceptive commercial practices, or to trace the source or disposition of funds related to such practices; or (C) the dissipation, fraudulent transfer, or concealment of assets subject to recovery by the Commission.", "id": "H5488C6BB1AE745E2A569199DD834D9C1", "header": "Confidentiality and delayed notice of compulsory process for certain third parties" }, { "text": "8. Protection for Voluntary Provision of information \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is further amended by adding after section 21A (as added by section 7 of this Act) the following: 21B. Protection for voluntary provision of information \n(a) In General \n(1) No liability for providing certain material \nAn entity described in paragraphs (2) or (3) of subsection (d) that voluntarily provides material to the Commission that such entity reasonably believes is relevant to— (A) a possible unfair or deceptive act or practice, as defined in section 5(a) of this Act; or (B) assets subject to recovery by the Commission, including assets located in foreign jurisdictions; shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to provide material. (2) Limitations \nNothing in this subsection shall be construed to exempt any such entity from liability— (A) for the underlying conduct reported; or (B) to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission. (b) Certain financial institutions \nAn entity described in paragraph (1) of subsection (d) shall, in accordance with section 5318(g)(3) of title 31, United States Code, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including— (1) a disclosure regarding assets, including assets located in foreign jurisdictions— (A) related to possibly fraudulent or deceptive commercial practices; (B) related to persons involved in such practices; or (C) otherwise subject to recovery by the Commission; or (2) a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices. (c) Consumer Complaints \nAny entity described in subsection (d) that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct. (d) Application \nThis section applies to the following entities, whether foreign or domestic: (1) A financial institution as defined in section 5312 of title 31, United States Code. (2) To the extent not included in paragraph (1) a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers’ checks, money orders, or similar instruments. (3) A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services. (4) An Internet service provider or provider of telephone services..", "id": "H8A20BC85B11E46E2B308214CB9032B00", "header": "Protection for Voluntary Provision of information" }, { "text": "21B. Protection for voluntary provision of information \n(a) In General \n(1) No liability for providing certain material \nAn entity described in paragraphs (2) or (3) of subsection (d) that voluntarily provides material to the Commission that such entity reasonably believes is relevant to— (A) a possible unfair or deceptive act or practice, as defined in section 5(a) of this Act; or (B) assets subject to recovery by the Commission, including assets located in foreign jurisdictions; shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to provide material. (2) Limitations \nNothing in this subsection shall be construed to exempt any such entity from liability— (A) for the underlying conduct reported; or (B) to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission. (b) Certain financial institutions \nAn entity described in paragraph (1) of subsection (d) shall, in accordance with section 5318(g)(3) of title 31, United States Code, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including— (1) a disclosure regarding assets, including assets located in foreign jurisdictions— (A) related to possibly fraudulent or deceptive commercial practices; (B) related to persons involved in such practices; or (C) otherwise subject to recovery by the Commission; or (2) a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices. (c) Consumer Complaints \nAny entity described in subsection (d) that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct. (d) Application \nThis section applies to the following entities, whether foreign or domestic: (1) A financial institution as defined in section 5312 of title 31, United States Code. (2) To the extent not included in paragraph (1) a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers’ checks, money orders, or similar instruments. (3) A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services. (4) An Internet service provider or provider of telephone services.", "id": "H8C7AB310655C443894FC5693EEBA675E", "header": "Protection for voluntary provision of information" }, { "text": "9. Staff Exchanges \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended by adding after section 25 the following new section: 25A. Staff Exchanges \n(a) In General \nThe Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 2 of this Act, or section 3101 or section 3109 of title 5, United States Code; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies. (b) Reciprocity and reimbursement \nThe staff arrangements described in subsections (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements. (c) Standards of Conduct \nA person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment..", "id": "HAE43F632B3C145F19C95BC9D14A469D9", "header": "Staff Exchanges" }, { "text": "25A. Staff Exchanges \n(a) In General \nThe Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 2 of this Act, or section 3101 or section 3109 of title 5, United States Code; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies. (b) Reciprocity and reimbursement \nThe staff arrangements described in subsections (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements. (c) Standards of Conduct \nA person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment.", "id": "HE3B7BB8D0CE94824BE763D1D44B930F6", "header": "Staff Exchanges" }, { "text": "10. Information sharing with financial regulators \nSection 1112(e) of the Right to Financial Privacy Act ( 12 U.S.C. 3412(e) ) is amended by inserting the Federal Trade Commission, after the Securities and Exchange Commission,.", "id": "H2BCBD71F05C8496B807D4DF7B8ACEB9B", "header": "Information sharing with financial regulators" }, { "text": "11. Preservation of existing authority \nThe authority provided by this Act, and by the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) and the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), as such Acts are amended by this Act, is in addition to, and not in lieu of, any other authority vested in the Federal Trade Commission or any other officer of the United States.", "id": "HBA660EAF368E4841B99E67934EDB4CCD", "header": "Preservation of existing authority" }, { "text": "12. Report \nNot later than 3 years after the date of enactment of this Act, the Federal Trade Commission shall transmit to Congress a report describing its use of and experience with the authority granted by this Act, along with any recommendations for additional legislation. The report shall include— (1) the number of cross-border complaints received by the Commission; (2) identification of the foreign agencies to which the Commission has provided nonpublic investigative information under this Act; (3) the number of times the Commission has used compulsory process on behalf of foreign law enforcement agencies pursuant to section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ), as amended by section 4 of this Act; (4) a list of international agreements and memoranda of understanding executed by the Commission that relate to this Act; (5) the number of times the Commission has sought delay of notice pursuant to section 21A of the Federal Trade Commission Act, as added by section 7 of this Act, and the number of times a court has granted a delay; (6) a description of the types of information private entities have provided voluntarily pursuant to section 21B of the Federal Trade Commission Act, as added by section 8 of this Act; (7) a description of the results of cooperation with foreign law enforcement agencies under section 21 of the Federal Trade Commission Act ( 15 U.S.C. 57–2 ) as amended by section 6 of this Act; (8) an analysis of whether the lack of an exemption from the disclosure requirements of section 552 of title 5, United States Code, with regard to information or material voluntarily provided relevant to possible unfair or deceptive acts or practices, has hindered the Commission in investigating or engaging in enforcement proceedings against such practices; and (9) a description of Commission litigation brought in foreign courts.", "id": "H3115B81E35CB4251BCBAF1B63D09878", "header": "Report" } ]

[ { "text": "1. Excise tax on arrows \n(a) Repeal \nSubsection (b) of section 332 of the American Jobs Creation Act of 2004, and the amendments made by such subsection, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsection and amendments had never been enacted. (b) Tax on arrow shafts \nParagraph (2) of section 4161(b) of the Internal Revenue Code of 1986 (relating to arrows) is amended to read as follows: (2) Arrows \n(A) In general \nThere is hereby imposed on the first sale by the manufacturer, producer, or importer of any shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly— (i) measures 18 inches overall or more in length, or (ii) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A), a tax equal to 39 cents per shaft. (B) Adjustment for inflation \n(i) In general \nIn the case of any calendar year beginning after 2005, the 39-cent amount specified in subparagraph (A) shall be increased by an amount equal to the product of— (I) such amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 2004 for 1992 in subparagraph (B) thereof. (ii) Rounding \nIf any increase determined under clause (i) is not a multiple of 1 cent, such increase shall be rounded to the nearest multiple of 1 cent.. (c) Arrow points \nClause (ii) of section 4161(b)(1)(B) (relating to archery equipment) of such Code is amended by striking quiver or broadhead and inserting quiver, broadhead, or point. (d) Effective date \nThe amendments made by subsections (b) and (c) shall apply to articles sold by the manufacturer, producer, or importer after March 31, 2005.", "id": "HE18E7091544948718701CF85158CA4D0", "header": "Excise tax on arrows" } ]

[ { "text": "1. Negligently allowing gender-motivated violence \nAn employer— (1) whose business is in or affects interstate or foreign commerce; and (2) whose negligent conduct results in a person’s (including a person who acts under color of statute, ordinance, regulation, custom, or usage of any State) committing a crime of violence motivated by gender against another person on premises under the control of the employer; shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.", "id": "HECB5B659B03B45D3B0CD6E2C79BEF504", "header": "Negligently allowing gender-motivated violence" }, { "text": "2. Definitions \nAs used in this Act— (1) the term crime of violence motivated by gender means a crime of violence committed because of gender or on the basis of gender; and (2) the term crime of violence — (A) means an act or series of acts that would constitute a crime, for which imprisonment of more than one year may be imposed, against the person of another if that crime is a crime of violence as defined in section 16 of title 18, United States Code; and (B) includes any conduct that would constitute a crime described in subparagraph (A) but for the relationship between the person engaging in that conduct and the individual against whom such conduct is directed.", "id": "H7B6EC5207CFB4C01B863C5D32B4C2672", "header": "Definitions" }, { "text": "3. Limitation and procedure \n(a) Limitation \nNothing in this Act entitles a person to a cause of action under section 1 for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender. (b) No prior criminal action \nNothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under section 1. (c) Concurrent jurisdiction \nThe Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this Act.", "id": "H17F7B2250288495384CB63670A273EB", "header": "Limitation and procedure" }, { "text": "4. Materials to assist employers \nThe Equal Employment Opportunity Commission shall create and provide materials to employers regarding personnel policies and safety standards to assist employers in avoiding liability under this Act.", "id": "H2A176910C41340A993C14265005F4274", "header": "Materials to assist employers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rail Tunnel Safety Act.", "id": "H7C1401F7659144AFB21F207614F7B11", "header": "Short title" }, { "text": "2. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $898,000,000, to remain available until expended, for the use of Amtrak to complete New York tunnel life safety projects and to rehabilitate tunnels in Washington, D.C. and Baltimore, Maryland.", "id": "H917C4C36ACD14E4BB1716FD9C5073387", "header": "Authorization of appropriations" }, { "text": "3. Availability of funds \nThe Secretary shall not make funds appropriated under section 2 available to Amtrak for a project unless the Secretary has received from Amtrak and has approved an engineering and financial plan for that project.", "id": "HF96DAD8D97C24DF391B1580053B745C", "header": "Availability of funds" }, { "text": "4. Inspector General review \nThe Inspector General of the Department of Transportation shall conduct and transmit to the Congress an annual review to determine whether the expenditure and obligation of funds made available under this Act are consistent with the purposes for which those funds are made available.", "id": "H476DC53A1EBE4EF498F972CD13BB956D", "header": "Inspector General review" } ]

[ { "text": "1. North maui coastal study \n(a) Short Title \nThis section may be cited as the North Maui Coastal Preservation Act of 2004. (b) Study \n(1) In general \nThe Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating certain lands located on the northern coast of Maui, Hawaii, as a National Seashore, National Historical Park, National Recreation Area, National Monument, National Preserve, or other unit of the National Park System. (2) Study area \nThe study area shall include the following parcels: (A) Property 1, approximately 43 acres (TMK II 3–8-01, parcel 72) stretching from Kelaakai Place in Sprecklesville to the western boundary of H.P. Baldwin Beach Park Road in Paia, and includes natural sand dunes, coastal beaches, and wetlands. (B) Property 2, approximately 17 acres known as H.P. Baldwin Park comprises TMK II 2–5-05, parcel 47 (4.6 acres) and parcel 46 (12.5 acres). (C) Property 3, approximately 4.5 acres of coastal lands stretching from the eastern border of H. P. Baldwin Park to the Maui Youth and Cultural Center known as TMK II 2–6-01, parcel 1 (3.517 acres) and parcel 4 (1.08 acres). (D) Property 4, approximately 32 acres known as TMK II 2–5-05; parcel 17. (E) Property 5, approximately 5.7 acres known as Lime Kiln Beach (TMK II 2–5-05, parcel 14). (F) Property 6, approximately 26 acres known as Stable Road Beach (TMK II 3–8-01, parcel 3). (3) Applicability of Other Law \nParagraphs (2) and (3) of section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c)(2) and (3)); commonly known as the National Park System General Authorities Act) shall apply to the study. (c) Report \nNot later than 18 months after funds are made available for this section, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b).", "id": "H3578D16DB4E14FCBB1273103B0530500", "header": "North maui coastal study" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Ronald Reagan Alzheimer’s Breakthrough 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. Findings Title I—Increasing the Federal commitment to alzheimer’s research Sec. 101. Doubling NIH funding for Alzheimer’s disease research Sec. 102. Priority to Alzheimer’s disease research Sec. 103. Alzheimer’s disease prevention initiative Sec. 104. Alzheimer’s disease clinical research Sec. 105. Research on Alzheimer’s disease caregiving Sec. 106. National summit on Alzheimer’s disease Title II—Public education about alzheimer’s disease Sec. 201. Public education campaign Title III—Assistance for caregivers Sec. 301. Increased funding for National Family Caregiver Support Program Sec. 302. Alzheimer’s disease demonstration grants Sec. 303. Safe return program Sec. 304. Lifespan respite care Sec. 305. Credit for taxpayers with long-term care needs Sec. 306. Treatment of premiums on qualified long-term care insurance contracts Sec. 307. Additional consumer protections for long-term care insurance", "id": "HED80075DA411435BB8A6302EF2F86753", "header": "Short title; table of contents" }, { "text": "2. Findings \nCongress makes the following findings: (1) Alzheimer’s disease is a disorder that destroys cells in the brain. The disease is the leading cause of dementia, a condition that involves gradual memory loss, decline in the ability to perform routine tasks, disorientation, difficulty in learning, loss of language skills, impairment of judgment, and personality changes. As the disease progresses, people with Alzheimer’s disease become unable to care for themselves. The loss of brain cells eventually leads to the failure of other systems in the body. (2) An estimated 4,500,000 Americans have Alzheimer’s disease and 1 in 10 people have a family member with the disease. By 2050, the number of individuals with the disease could range from 13,000,000 to 16,000,000 unless science finds a way to prevent or cure the disease. (3) One in 10 people over the age of 65, and nearly half of those over the age of 85 have Alzheimer’s disease. Younger people also get the disease. (4) The Alzheimer’s disease process may begin in the brain as many as 20 years before the symptoms of Alzheimer’s disease appear. A person will live an average of 8 years and as many as 20 once the symptoms of Alzheimer’s disease appear. (5) The average lifetime cost of care for an individual with Alzheimer’s disease is $170,000. (6) In 2000, medicare alone spent $31,900,000,000 for the care of individuals with Alzheimer’s disease and this amount is projected to increase to $49,300,000,000 in 2010. (7) Forty-nine percent of medicare beneficiaries who have Alzheimer’s disease also receive medicaid. Of the total population dually eligible for medicare and medicaid, 22 percent have Alzheimer’s disease. (8) Seven in 10 people with Alzheimer’s disease live at home. While almost 75 percent of home care is provided by family and friends, the average annual cost of paid care for people with Alzheimer’s disease at home is $12,500 per year. Almost all families pay this cost out of pocket. (9) Half of all nursing home residents have Alzheimer’s disease or a related disorder. The average annual cost of Alzheimer’s disease nursing home care is nearly $64,000. Medicaid pays nearly half of the total nursing home bill and helps 2 out of 3 residents pay for their care. Medicaid expenditures for nursing home care for people with Alzheimer’s disease are estimated to increase from $18,200,000,000 in 2000 to $33,000,000,000 in 2010. (10) In fiscal year 2004, the Federal Government will spend an estimated $680,000,000 on Alzheimer’s disease research. If our Nation achieves its research goals (preventing the onset of Alzheimer’s disease in those at risk and treating and delaying progression of the disease in those who have symptoms), the projected number of cases of Alzheimer’s disease can be reduced by more than one-third by the middle of the century. The number of baby boomers with moderate to severe Alzheimer’s disease can be reduced by 60 percent. (11) A study commissioned by the United Hospital Fund estimated that the annual value of this informal care system is $257,000,000,000. Family caregiving comes at enormous physical, emotional, and financial sacrifice, putting the whole system at risk. (12) One in 8 Alzheimer’s disease caregivers becomes ill or injured as a direct result of caregiving. One in 3 uses medication for problems related to caregiving. Older caregivers are 3 times more likely to become clinically depressed than others in their age group. (13) Elderly spouses strained by caregiving are 63 percent more likely to die during a given 4-year period than other spouses their age. (14) Almost 3 of 4 caregivers are women. One in 3 has children or grandchildren under the age of 18 living at home. Caregiving leaves them less time for other family members and they are much more likely to report family conflicts because of their caregiving role. (15) Most Alzheimer’s disease caregivers work outside the home before beginning their caregiving careers, but caregiving forces them to miss work, cut back to part-time, take less demanding jobs, choose early retirement, or give up work altogether. As a result, in 2002, Alzheimer’s disease cost American business an estimated $36,500,000,000 in lost productivity, as well as an additional $24,600,000,000 in business contributions to the total cost of care.", "id": "H1055C09120D44943AA4C8C70E3BC3625", "header": "Findings" }, { "text": "101. Doubling NIH funding for alzheimer’s disease research \n(a) In General \nFor the purpose of conducting and supporting research on Alzheimer’s disease (including related activities under subpart 5 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285e et seq. ) there is authorized to be appropriated $1,400,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 through 2009. (b) Aging process regarding women \nSection 445H(b) of the Public Health Service Act ( 42 U.S.C. 285e–10(b) ) is amended by striking 2003 and inserting 2009. (c) Clinical research and training awards \nSection 445I(d) of the Public Health Service Act (42 U.S.C. 285e–10a(d)) is amended by striking 2005 and inserting 2009.", "id": "HDEB4FD44039A49E48D51873218F446F6", "header": "Doubling NIH funding for alzheimer’s disease research" }, { "text": "102. Priority to alzheimer’s disease research \nSection 443 of the Public Health Service Act ( 42 U.S.C. 285e ) is amended— (1) by striking The general and inserting (a) In General.—The general ; and (2) by adding at the end the following: (b) Priorities \nThe Director of the Institute shall, in expending amounts appropriated under this subpart, give priority to conducting and supporting Alzheimer’s disease research..", "id": "H084B7B6F4563408DB949BF009EA03900", "header": "Priority to alzheimer’s disease research" }, { "text": "103. Alzheimer’s disease prevention initiative \nSection 444 of the Public Health Service Act ( 42 U.S.C. 285e–1 ) is amended— (1) in subsection (d), by inserting and training after conduct research ; and (2) by adding at the end the following: (e) The Director of the National Institutes of Health shall, in collaboration with the Director of the Institute, the directors of other relevant institutes, and with volunteer organizations and other stakeholders, undertake an Alzheimer’s Disease Prevention Initiative to— (1) accelerate the discovery of new risk and protective factors for Alzheimer’s disease; (2) rapidly identify candidate diagnostics, therapies, or preventive interventions or agents for clinical investigation and trials relating to Alzheimer’s disease; (3) support or undertake such investigations and trials; and (4) implement effective prevention and treatment strategies, including strategies to improve patient care and alleviate caregiver burdens relating to Alzheimer’s disease..", "id": "H121FDBFA601C4D1292FBCD6D4B6D093", "header": "Alzheimer’s disease prevention initiative" }, { "text": "104. Alzheimer’s disease clinical research \n(a) Clinical research \nSection 445F of the Public Health Service Act ( 42 U.S.C. 285e–8 ) is amended to read as follows: 445F. Alzheimer’s disease clinical research \n(a) In General \nThe Director of the Institute, pursuant to subsections (d) and (e) of section 444, shall conduct and support cooperative clinical research regarding Alzheimer’s disease. Such research shall include— (1) investigating therapies, interventions, and agents to detect, treat, slow the progression of, or prevent Alzheimer’s disease; (2) enhancing the national infrastructure for the conduct of clinical trials; (3) developing and testing novel approaches to the design and analysis of such trials; (4) facilitating the enrollment of patients for such trials, including patients from diverse populations; (5) developing improved diagnostics and means of patient assessment for Alzheimer’s disease; and (6) as determined appropriate by the Director of the Institute, the Alzheimer’s Disease Centers and Alzheimer’s Disease Research Centers established under section 445. (b) Early diagnosis and detection research \n(1) In General \nThe Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health, shall conduct, or make grants for the conduct of, research related to the early detection and diagnosis of Alzheimer’s disease and of mild cognitive impairment or other potential precursors to Alzheimer’s disease. (2) Evaluation \nThe research described in paragraph (1) may include the evaluation of diagnostic tests and imaging techniques. (c) Vascular disease \nThe Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health, shall conduct, or make grants for the conduct of, research related to the relationship of vascular disease and Alzheimer’s disease, including clinical trials to determine whether drugs developed to prevent cerebrovascular disease can prevent the onset or progression of Alzheimer’s disease. (d) National alzheimer’s coordinating center \nThe Director of the Institute may establish a National Alzheimer’s Coordinating Center to facilitate collaborative research among the Alzheimer’s Disease Centers and Alzheimer’s Disease Research Centers established under section 445.. (b) Alzheimer’s disease Centers \nSection 445(a)(1) of the Public Health Service Act ( 42 U.S.C. 285e–2(a)(1) ) is amended by inserting , and outcome measures and disease management after treatment methods.", "id": "HC1E3488B6B934290B246B81D6EAEAEB9", "header": "Alzheimer’s disease clinical research" }, { "text": "445F. Alzheimer’s disease clinical research \n(a) In General \nThe Director of the Institute, pursuant to subsections (d) and (e) of section 444, shall conduct and support cooperative clinical research regarding Alzheimer’s disease. Such research shall include— (1) investigating therapies, interventions, and agents to detect, treat, slow the progression of, or prevent Alzheimer’s disease; (2) enhancing the national infrastructure for the conduct of clinical trials; (3) developing and testing novel approaches to the design and analysis of such trials; (4) facilitating the enrollment of patients for such trials, including patients from diverse populations; (5) developing improved diagnostics and means of patient assessment for Alzheimer’s disease; and (6) as determined appropriate by the Director of the Institute, the Alzheimer’s Disease Centers and Alzheimer’s Disease Research Centers established under section 445. (b) Early diagnosis and detection research \n(1) In General \nThe Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health, shall conduct, or make grants for the conduct of, research related to the early detection and diagnosis of Alzheimer’s disease and of mild cognitive impairment or other potential precursors to Alzheimer’s disease. (2) Evaluation \nThe research described in paragraph (1) may include the evaluation of diagnostic tests and imaging techniques. (c) Vascular disease \nThe Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health, shall conduct, or make grants for the conduct of, research related to the relationship of vascular disease and Alzheimer’s disease, including clinical trials to determine whether drugs developed to prevent cerebrovascular disease can prevent the onset or progression of Alzheimer’s disease. (d) National alzheimer’s coordinating center \nThe Director of the Institute may establish a National Alzheimer’s Coordinating Center to facilitate collaborative research among the Alzheimer’s Disease Centers and Alzheimer’s Disease Research Centers established under section 445.", "id": "HE11AF04B07E84D55AF2033EF3064436E", "header": "Alzheimer’s disease clinical research" }, { "text": "105. Research on alzheimer’s disease caregiving \nSection 445C of the Public Health Service Act ( 42 U.S.C. 285e–5 ) is amended— (1) by striking Sec. 445C. (a) and inserting the following: 445C. Research on alzheimer’s disease services and caregiving \n(a) Services research \n; (2) by striking subsections (b), (c), and (e); (3) by inserting after subsection (a) the following: (b) Interventions research \nThe Director shall, in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, conduct, or make grants for the conduct of, clinical, social, and behavioral research related to interventions designed to help caregivers of patients with Alzheimer’s disease and related disorders and improve patient outcomes. ; and (4) in subsection (d) by striking (d) the Director and inserting (c) Model Curricula and Techniques. —The Director.", "id": "H715EF534D7EC4639882CDB166371376", "header": "Research on alzheimer’s disease caregiving" }, { "text": "445C. Research on alzheimer’s disease services and caregiving \n(a) Services research", "id": "H2D18EFFD197447EF99D00D38C7446AD", "header": "Research on alzheimer’s disease services and caregiving" }, { "text": "106. National summit on alzheimer’s disease \n(a) In General \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall convene a summit of researchers, representatives of academic institutions, Federal and State policymakers, public health professionals, and representatives of voluntary health agencies to provide a detailed overview of current research activities at the National Institutes of Health, as well as to discuss and solicit input related to potential areas of collaboration between the National Institutes of Health and other Federal health agencies, including the Centers for Disease Control and Prevention, the Administration on Aging, the Agency for Healthcare Research and Quality, and the Health Resources and Services Administration, related to research, prevention, and treatment of Alzheimer’s disease. (b) Focus areas \nThe summit convened under subsection (a) shall focus on— (1) a broad range of Alzheimer’s disease research activities relating to biomedical research, prevention research, and caregiving issues; (2) clinical research for the development and evaluation of new treatments for the disease; (3) translational research on evidence-based and cost-effective best practices in the treatment and prevention of the disease; (4) information and education programs for health care professionals and the public relating to the disease; (5) priorities among the programs and activities of the various Federal agencies regarding such diseases; and (6) challenges and opportunities for scientists, clinicians, patients, and voluntary organizations relating to the disease. (c) Report \nNot later than 180 days after the date on which the National Summit on Alzheimer’s Disease is convened under subsection (a), the Director of National Institutes of Health shall prepare and submit to the appropriate committees of Congress a report that includes a summary of the proceedings of the summit and a description of Alzheimer’s research, education, and other activities that are conducted or supported through the national research institutes. (d) Public information \nThe Secretary shall make readily available to the public information about the research, education, and other activities relating to Alzheimer’s disease and other related dementias, conducted or supported by the National Institutes of Health. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2005 through 2009.", "id": "H58FC98D81CF8400ABE025FD891CBE736", "header": "National summit on alzheimer’s disease" }, { "text": "201. Public education campaign \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399O. Alzheimer’s disease public education campaign \n(a) In General \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to educate the public and public health community regarding— (1) diagnosis and early warning signs of Alzheimer’s disease; and (2) how healthy lifestyles could maintain cognitive function and brain health. (b) Education of health professionals and partnerships \nThe program carried out under subsection (a) shall include activities to educate health professionals about the diagnosis, care, and management of Alzheimer’s disease and dementia, and the development of partnerships between State health departments, area agencies on aging, and local organizations serving people with Alzheimer’s disease. (c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 through 2009..", "id": "H3A79A029BB8F47F9A900FC704DE3D8C6", "header": "Public education campaign" }, { "text": "399O. Alzheimer’s disease public education campaign \n(a) In General \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to educate the public and public health community regarding— (1) diagnosis and early warning signs of Alzheimer’s disease; and (2) how healthy lifestyles could maintain cognitive function and brain health. (b) Education of health professionals and partnerships \nThe program carried out under subsection (a) shall include activities to educate health professionals about the diagnosis, care, and management of Alzheimer’s disease and dementia, and the development of partnerships between State health departments, area agencies on aging, and local organizations serving people with Alzheimer’s disease. (c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 through 2009.", "id": "HF8515A4EFA4E4A7EBC48DDB62082FA4", "header": "Alzheimer’s disease public education campaign" }, { "text": "301. Increased funding for National Family Caregiver Support Program \n(a) In General \nSection 303(e)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3023(e)(1) ) is amended by striking $125,000,000 for fiscal year 2001 and inserting $250,000,000 for fiscal year 2005. (b) Native Americans \nSection 643(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3057n(2) ) is amended by striking $5,000,000 for fiscal year 2001 and inserting $10,000,000 for fiscal year 2005.", "id": "HE4F9F98C0C9C45A38ED6424ABEC00BA", "header": "Increased funding for National Family Caregiver Support Program" }, { "text": "302. Alzheimer’s disease demonstration grants \nSection 398B(e) of the Public Health Service Act ( 42 U.S.C. 280c–5(e) ) is amended— (1) by striking and such and inserting such ; and (2) by inserting before the period , $25,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "H53344F881D87487984182393AA591343", "header": "Alzheimer’s disease demonstration grants" }, { "text": "303. Safe return program \nSection 240001(d) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181(d) ) is amended to read as follows: (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section, $1,000,000 for fiscal year 2005..", "id": "H1893EEE5E6C248EA88C8E35067ADF769", "header": "Safe return program" }, { "text": "304. Lifespan respite care \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXIX Lifespan respite care \n2901. Findings and purposes \n(a) Findings \nCongress finds that— (1) an estimated 26,000,000 individuals in the United States care each year for 1 or more adult family members or friends who are chronically ill, disabled, or terminally ill; (2) an estimated 18,000,000 children in the United States have chronic physical, developmental, behavioral, or emotional conditions that demand caregiver monitoring, management, supervision, or treatment beyond that required of children generally; (3) nearly 4,000,000 individuals in the United States of all ages who have mental retardation or another developmental disability live with their families; (4) almost 25 percent of the Nation’s elders experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs; (5) every year, approximately 600,000 Americans die at home and many of these individuals rely on extensive family caregiving before their death; (6) of all individuals in the United States needing assistance in daily living, 42 percent are under age 65; (7) there are insufficient resources to replace family caregivers with paid workers; (8) if services provided by family caregivers had to be replaced with paid services, it would cost approximately $200,000,000,000 annually; (9) the family caregiver role is personally rewarding but can result in substantial emotional, physical, and financial hardship; (10) approximately 75 percent of family caregivers are women; (11) family caregivers often do not know where to find information about available respite care or how to access it; (12) available respite care programs are insufficient to meet the need and are directed at primarily lower income populations and family caregivers of the elderly, leaving large numbers of family caregivers without adequate support; and (13) the limited number of available respite care programs find it difficult to recruit appropriately trained respite workers. (b) Purposes \nThe purposes of this title are— (1) to encourage States to establish State and local lifespan respite care programs; (2) to improve and coordinate the dissemination of respite care information and resources to family caregivers; (3) to provide, supplement, or improve respite care services to family caregivers; (4) to promote innovative, flexible, and comprehensive approaches to— (A) the delivery of respite care; (B) respite care worker and volunteer recruitment and training programs; and (C) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services; (5) to support evaluative research to identify effective respite care services that alleviate, reduce, or minimize any negative consequences of caregiving; and (6) to promote the dissemination of results, findings, and information from programs and research projects relating to respite care delivery, family caregiver strain, respite care worker and volunteer recruitment and training, and training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services. 2902. Definitions \nIn this title: (1) Eligible recipient \nThe term eligible recipient means— (A) a State agency; (B) any other public entity that is capable of operating on a statewide basis; (C) a private, nonprofit organization that is capable of operating on a statewide basis; (D) a political subdivision of a State that has a population of not less than 3,000,000 individuals; or (E) any recognized State respite coordinating agency that has— (i) a demonstrated ability to work with other State and community-based agencies; (ii) an understanding of respite care and family caregiver issues; and (iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients. (2) Adult with a special need \nThe term adult with a special need means a person 18 years of age or older who requires care or supervision to— (A) meet the person’s basic needs; or (B) prevent physical self-injury or injury to others. (3) Child with a special need \nThe term child with a special need means a person less than 18 years of age who requires care or supervision beyond that required of children generally to— (A) meet the child’s basic needs; or (B) prevent physical self-injury or injury to others. (4) Family caregiver \nThe term family caregiver means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. (5) Respite care \nThe term respite care means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult. (6) Lifespan respite care \nThe term lifespan respite care means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs. 2903. Lifespan respite care grants and cooperative agreements \n(a) Purposes \nThe purposes of this section are— (1) to expand and enhance respite care services to family caregivers; (2) to improve the statewide dissemination and coordination of respite care; and (3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. (b) Authorization \nSubject to subsection (f), the Secretary is authorized to award grants or cooperative agreements to eligible recipients who submit an application pursuant to subsection (d). (c) Federal lifespan approach \nIn carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program Officer of the Administration on Aging, and respite care program officers in the Administration for Children and Families, the Administration on Developmental Disabilities, the Maternal and Child Health Bureau of the Health Resources and Services Administration, and the Substance Abuse and Mental Health Services Administration, to ensure coordination of respite care services for family caregivers of children and adults with special needs. (d) Application \n(1) Submission \nEach eligible recipient desiring to receive a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Contents \nEach application submitted under this section shall include— (A) a description of the applicant’s— (i) understanding of respite care and family caregiver issues; (ii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; and (iii) collaboration with other State and community-based public, nonprofit, or private agencies; (B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of— (i) the population of family caregivers; (ii) the extent and nature of the respite care needs of that population; (iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need; (iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need; (v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds; (vi) a plan for collaboration and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging; (vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities; (viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities; (ix) respite care services available to family caregivers in the applicant’s State or locality, including unmet needs and how the applicant’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs; (x) the criteria used to identify family caregivers eligible for respite care services; (xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and (xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results; and (C) assurances that, where appropriate, the applicant shall have a system for maintaining the confidentiality of care recipient and family caregiver records. (e) Review of applications \n(1) Establishment of review panel \nThe Secretary shall establish a panel to review applications submitted under this section. (2) Meetings \nThe panel shall meet as often as may be necessary to facilitate the expeditious review of applications. (3) Function of panel \nThe panel shall— (A) review and evaluate each application submitted under this section; and (B) make recommendations to the Secretary concerning whether the application should be approved. (f) Awarding of grants or cooperative agreements \n(1) In General \nThe Secretary shall award grants or cooperative agreements from among the applications approved by the panel under subsection (e)(3). (2) Priority \nWhen awarding grants or cooperative agreements under this subsection, the Secretary shall give priority to applicants that show the greatest likelihood of implementing or enhancing lifespan respite care statewide. (g) Use of grant or cooperative agreement funds \n(1) In General \n(A) Mandatory uses of funds \nEach eligible recipient that is awarded a grant or cooperative agreement under this section shall use the funds for, unless such a program is in existence— (i) the development of lifespan respite care at the State and local levels; and (ii) an evaluation of the effectiveness of such care. (B) Discretionary uses of funds \nEach eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds for— (i) respite care services for family caregivers of children and adults with special needs; (ii) respite care worker and volunteer training programs; or (iii) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services. (C) Evaluation \nIf an eligible recipient uses funds awarded under this section for an activity described in subparagraph (B), the eligible recipient shall use funds for an evaluation of the effectiveness of the activity. (2) Subcontracts \nEach eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds to subcontract with a public or nonprofit agency to carry out the activities described in paragraph (1). (h) Term of grants or cooperative agreements \n(1) In General \nThe Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years. (2) Renewal \nThe Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1). (i) Supplement, not supplant \nFunds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services. (j) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $90,500,000 for fiscal year 2005; and (2) such sums as are necessary for fiscal years 2006 through 2009. 2904. National lifespan respite resource center \n(a) Establishment \nFrom funds appropriated under subsection (c), the Secretary shall award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the center ). (b) Purposes of the center \nThe center shall— (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to State, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2005 through 2009..", "id": "H9C52AD87902D4069BBD90908AB5215AC", "header": "Lifespan respite care" }, { "text": "2901. Findings and purposes \n(a) Findings \nCongress finds that— (1) an estimated 26,000,000 individuals in the United States care each year for 1 or more adult family members or friends who are chronically ill, disabled, or terminally ill; (2) an estimated 18,000,000 children in the United States have chronic physical, developmental, behavioral, or emotional conditions that demand caregiver monitoring, management, supervision, or treatment beyond that required of children generally; (3) nearly 4,000,000 individuals in the United States of all ages who have mental retardation or another developmental disability live with their families; (4) almost 25 percent of the Nation’s elders experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs; (5) every year, approximately 600,000 Americans die at home and many of these individuals rely on extensive family caregiving before their death; (6) of all individuals in the United States needing assistance in daily living, 42 percent are under age 65; (7) there are insufficient resources to replace family caregivers with paid workers; (8) if services provided by family caregivers had to be replaced with paid services, it would cost approximately $200,000,000,000 annually; (9) the family caregiver role is personally rewarding but can result in substantial emotional, physical, and financial hardship; (10) approximately 75 percent of family caregivers are women; (11) family caregivers often do not know where to find information about available respite care or how to access it; (12) available respite care programs are insufficient to meet the need and are directed at primarily lower income populations and family caregivers of the elderly, leaving large numbers of family caregivers without adequate support; and (13) the limited number of available respite care programs find it difficult to recruit appropriately trained respite workers. (b) Purposes \nThe purposes of this title are— (1) to encourage States to establish State and local lifespan respite care programs; (2) to improve and coordinate the dissemination of respite care information and resources to family caregivers; (3) to provide, supplement, or improve respite care services to family caregivers; (4) to promote innovative, flexible, and comprehensive approaches to— (A) the delivery of respite care; (B) respite care worker and volunteer recruitment and training programs; and (C) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services; (5) to support evaluative research to identify effective respite care services that alleviate, reduce, or minimize any negative consequences of caregiving; and (6) to promote the dissemination of results, findings, and information from programs and research projects relating to respite care delivery, family caregiver strain, respite care worker and volunteer recruitment and training, and training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services.", "id": "H85AF6B2068F142E8AD4DEC52E16200D0", "header": "Findings and purposes" }, { "text": "2902. Definitions \nIn this title: (1) Eligible recipient \nThe term eligible recipient means— (A) a State agency; (B) any other public entity that is capable of operating on a statewide basis; (C) a private, nonprofit organization that is capable of operating on a statewide basis; (D) a political subdivision of a State that has a population of not less than 3,000,000 individuals; or (E) any recognized State respite coordinating agency that has— (i) a demonstrated ability to work with other State and community-based agencies; (ii) an understanding of respite care and family caregiver issues; and (iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients. (2) Adult with a special need \nThe term adult with a special need means a person 18 years of age or older who requires care or supervision to— (A) meet the person’s basic needs; or (B) prevent physical self-injury or injury to others. (3) Child with a special need \nThe term child with a special need means a person less than 18 years of age who requires care or supervision beyond that required of children generally to— (A) meet the child’s basic needs; or (B) prevent physical self-injury or injury to others. (4) Family caregiver \nThe term family caregiver means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. (5) Respite care \nThe term respite care means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult. (6) Lifespan respite care \nThe term lifespan respite care means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs.", "id": "HDA8312F367CE4B588D95A59CA6CD9004", "header": "Definitions" }, { "text": "2903. Lifespan respite care grants and cooperative agreements \n(a) Purposes \nThe purposes of this section are— (1) to expand and enhance respite care services to family caregivers; (2) to improve the statewide dissemination and coordination of respite care; and (3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. (b) Authorization \nSubject to subsection (f), the Secretary is authorized to award grants or cooperative agreements to eligible recipients who submit an application pursuant to subsection (d). (c) Federal lifespan approach \nIn carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program Officer of the Administration on Aging, and respite care program officers in the Administration for Children and Families, the Administration on Developmental Disabilities, the Maternal and Child Health Bureau of the Health Resources and Services Administration, and the Substance Abuse and Mental Health Services Administration, to ensure coordination of respite care services for family caregivers of children and adults with special needs. (d) Application \n(1) Submission \nEach eligible recipient desiring to receive a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Contents \nEach application submitted under this section shall include— (A) a description of the applicant’s— (i) understanding of respite care and family caregiver issues; (ii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; and (iii) collaboration with other State and community-based public, nonprofit, or private agencies; (B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of— (i) the population of family caregivers; (ii) the extent and nature of the respite care needs of that population; (iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need; (iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need; (v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds; (vi) a plan for collaboration and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging; (vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities; (viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities; (ix) respite care services available to family caregivers in the applicant’s State or locality, including unmet needs and how the applicant’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs; (x) the criteria used to identify family caregivers eligible for respite care services; (xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and (xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results; and (C) assurances that, where appropriate, the applicant shall have a system for maintaining the confidentiality of care recipient and family caregiver records. (e) Review of applications \n(1) Establishment of review panel \nThe Secretary shall establish a panel to review applications submitted under this section. (2) Meetings \nThe panel shall meet as often as may be necessary to facilitate the expeditious review of applications. (3) Function of panel \nThe panel shall— (A) review and evaluate each application submitted under this section; and (B) make recommendations to the Secretary concerning whether the application should be approved. (f) Awarding of grants or cooperative agreements \n(1) In General \nThe Secretary shall award grants or cooperative agreements from among the applications approved by the panel under subsection (e)(3). (2) Priority \nWhen awarding grants or cooperative agreements under this subsection, the Secretary shall give priority to applicants that show the greatest likelihood of implementing or enhancing lifespan respite care statewide. (g) Use of grant or cooperative agreement funds \n(1) In General \n(A) Mandatory uses of funds \nEach eligible recipient that is awarded a grant or cooperative agreement under this section shall use the funds for, unless such a program is in existence— (i) the development of lifespan respite care at the State and local levels; and (ii) an evaluation of the effectiveness of such care. (B) Discretionary uses of funds \nEach eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds for— (i) respite care services for family caregivers of children and adults with special needs; (ii) respite care worker and volunteer training programs; or (iii) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services. (C) Evaluation \nIf an eligible recipient uses funds awarded under this section for an activity described in subparagraph (B), the eligible recipient shall use funds for an evaluation of the effectiveness of the activity. (2) Subcontracts \nEach eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds to subcontract with a public or nonprofit agency to carry out the activities described in paragraph (1). (h) Term of grants or cooperative agreements \n(1) In General \nThe Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years. (2) Renewal \nThe Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1). (i) Supplement, not supplant \nFunds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services. (j) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $90,500,000 for fiscal year 2005; and (2) such sums as are necessary for fiscal years 2006 through 2009.", "id": "H3278F7BC26CF456183C800E2026B20A9", "header": "Lifespan respite care grants and cooperative agreements" }, { "text": "2904. National lifespan respite resource center \n(a) Establishment \nFrom funds appropriated under subsection (c), the Secretary shall award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the center ). (b) Purposes of the center \nThe center shall— (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to State, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2005 through 2009.", "id": "H0C4FABD9D22D4915BE11AE7B77CC09E5", "header": "National lifespan respite resource center" }, { "text": "305. 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 \n(1) In General \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable credit amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. (2) Applicable credit amount \nFor purposes of paragraph (1), the applicable credit amount shall be determined in accordance with the following table: “For taxable years beginning in calendar year— The applicable credit amount is— 2004 $1,000 2005 1,500 2006 2,000 2007 2,500 2008 or thereafter 3,000. (b) Limitation based on adjusted gross income \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 2003 for 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. (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 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 meets any of the following requirements: (i) The individual is at least 18 years of age and— (I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or (II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. (ii) The individual is at least 6 but not 18 years of age and— (I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, (II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, (III) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or (IV) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. (iii) The individual is at least 2 but not 6 years of age and— (I) is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility, (II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or (III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. (iv) The individual is under 2 years of age and— (I) requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent, (II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or (III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. (v) The individual has 5 or more chronic conditions (as defined in subparagraph (C)) and is unable to perform (without substantial assistance from another individual) at least 1 activity of daily living (as so defined) due to a loss of functional capacity. (C) Chronic condition \nFor purposes of this paragraph, the term chronic condition means a condition that lasts for at least 6 consecutive months and requires ongoing medical care. (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(c) 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.. (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) 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 December 31, 2003.", "id": "H5990BF4BA445439496952B00BE56403C", "header": "Credit for taxpayers with long-term care needs" }, { "text": "25C. Credit for taxpayers with long-term care needs \n(a) Allowance of credit \n(1) In General \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable credit amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. (2) Applicable credit amount \nFor purposes of paragraph (1), the applicable credit amount shall be determined in accordance with the following table: “For taxable years beginning in calendar year— The applicable credit amount is— 2004 $1,000 2005 1,500 2006 2,000 2007 2,500 2008 or thereafter 3,000. (b) Limitation based on adjusted gross income \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 2003 for 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. (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 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 meets any of the following requirements: (i) The individual is at least 18 years of age and— (I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or (II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. (ii) The individual is at least 6 but not 18 years of age and— (I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, (II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, (III) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or (IV) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. (iii) The individual is at least 2 but not 6 years of age and— (I) is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility, (II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or (III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. (iv) The individual is under 2 years of age and— (I) requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent, (II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or (III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. (v) The individual has 5 or more chronic conditions (as defined in subparagraph (C)) and is unable to perform (without substantial assistance from another individual) at least 1 activity of daily living (as so defined) due to a loss of functional capacity. (C) Chronic condition \nFor purposes of this paragraph, the term chronic condition means a condition that lasts for at least 6 consecutive months and requires ongoing medical care. (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(c) 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.", "id": "H595897BCAFCE49C489F97E36E5E12301", "header": "Credit for taxpayers with long-term care needs" }, { "text": "306. 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 taxpayer’s spouse and dependents under a qualified long-term care insurance contract (as defined in section 7702B(b)). (b) Applicable percentage \nFor purposes of subsection (a)— (1) In General \nExcept as otherwise provided in this subsection, the applicable percentage shall be determined in accordance with the following table based on the number of years of continuous coverage (as of the close of the taxable year) of the individual under any qualified long-term care insurance contracts (as defined in section 7702B(b)): “ If the number of years of The applicable continuous coverage is— percentage is— Less than 1 60 At least 1 but less than 2 70 At least 2 but less than 3 80 At least 3 but less than 4 90 At least 4 100. (2) Special rules for individuals who have attained age 55 \nIn the case of an individual who has attained age 55 as of the close of the taxable year, the following table shall be substituted for the table in paragraph (1): “ If the number of years of The applicable continuous coverage is— percentage is— Less than 1 70 At least 1 but less than 2 85 At least 2 100. (3) Only coverage after 2003 taken into account \nOnly coverage for periods after December 31, 2003, shall be taken into account under this subsection. (4) Continuous coverage \nAn individual shall not fail to be treated as having continuous coverage if the aggregate breaks in coverage during any 1-year period are less than 60 days. (c) Coordination with other deductions \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).. (b) Conforming amendments \n(1) Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new paragraph: (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. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H427A50ACDA2B4254848F51C95C043C96", "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 taxpayer’s spouse and dependents under a qualified long-term care insurance contract (as defined in section 7702B(b)). (b) Applicable percentage \nFor purposes of subsection (a)— (1) In General \nExcept as otherwise provided in this subsection, the applicable percentage shall be determined in accordance with the following table based on the number of years of continuous coverage (as of the close of the taxable year) of the individual under any qualified long-term care insurance contracts (as defined in section 7702B(b)): “ If the number of years of The applicable continuous coverage is— percentage is— Less than 1 60 At least 1 but less than 2 70 At least 2 but less than 3 80 At least 3 but less than 4 90 At least 4 100. (2) Special rules for individuals who have attained age 55 \nIn the case of an individual who has attained age 55 as of the close of the taxable year, the following table shall be substituted for the table in paragraph (1): “ If the number of years of The applicable continuous coverage is— percentage is— Less than 1 70 At least 1 but less than 2 85 At least 2 100. (3) Only coverage after 2003 taken into account \nOnly coverage for periods after December 31, 2003, shall be taken into account under this subsection. (4) Continuous coverage \nAn individual shall not fail to be treated as having continuous coverage if the aggregate breaks in coverage during any 1-year period are less than 60 days. (c) Coordination with other deductions \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).", "id": "H8422B00B14A94262BFC9A347447DC0FB", "header": "Premiums on qualified long-term care insurance contracts" }, { "text": "307. 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 13 (relating to requirement to offer inflation protection), except that any requirement for a signature on a rejection of inflation protection shall permit the signature to be on an application or on a separate form. (XI) Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates). (XII) 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 September 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 the Internal Revenue Code of 1986 (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 marketing). (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 6I (relating to policy summary). (v) Section 6J (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) 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": "HEC1E5927CD044BA0ADD42FF65DC29FFD", "header": "Additional consumer protections for long-term care insurance" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Long Island Sound Protection Act.", "id": "HD869BB38088D48A485089D32C406A87E", "header": "Short title" }, { "text": "2. Prohibition on dumping of dredged material \nSection 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1416 ) is amended by striking subsection (f) and inserting the following: (f) Prohibition on dumping of dredged material \n(1) Definitions \nIn this subsection: (A) Covered body of water \nThe term covered body of water means— (i) Long Island Sound; (ii) Fisher's Island Sound; (iii) Block Island Sound; (iv) Peconic Bay; and (v) any harbor or tributary of a body of water described in any of clauses (i) through (iv). (B) Covered project \nThe term covered project means— (i) any Federal dredging project (or any project conducted for a Federal agency pursuant to Federal authorization); (ii) a dredging project carried out by a non-Federal entity that results in the production of more than 25,000 cubic yards of dredged material; and (iii) any of 2 or more dredging projects carried out by 1 or more non-Federal entities in a covered body of water, simultaneously or sequentially within a 180-day period, that result, in the aggregate, in the production of more than 25,000 cubic yards of dredged material. (C) Plan \nThe term plan means the dredged material management plan required under paragraph (5). (2) Prohibition \nNo dredged material from any covered project shall be dumped, or transported for the purpose of dumping, into any covered body of water unless and until the dredged material is determined by the Administrator— (A) to have, or to cause (including through bioaccumulation), concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (B) to meet all requirements under this title (including the trace contaminant provision under section 227.6 of title 40, Code of Federal Regulations (or a successor regulation), and requirements under other regulations promulgated under section 108). (3) Designation of sites \nNo dredged material shall be dumped, or transported for the purpose of dumping, into any covered body of water except— (A) at a site designated by the Administrator in accordance with section 102(c); and (B) upon a determination by the Administrator, following approval of the plan required under paragraph (5)(F), that no feasible alternative to ocean disposal, including sediment remediation, beneficial reuse, and land-based alternatives, is available prior to the time of designation. (4) Relationship to other law \n(A) In general \nExcept as provided in subparagraph (B), this title applies to each covered body of water. (B) Exception \nNo waiver under section 103(d) shall be available for the dumping of dredged material in any covered body of water. (5) Dredged material management plan \n(A) In general \nBefore designation of any dredged material disposal site in a covered body of water, the Secretary and the Administrator, in consultation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Coast Guard, and the States of Connecticut and New York, shall— (i) develop a dredged material management plan for the management of all dredged sediment in the covered bodies of water; and (ii) submit the plan to Congress and the Governors of the States of Connecticut and New York. (B) Objectives \nThe objectives of the plan shall be— (i) to identify sources, quantities, and the extent of contamination of dredged material that requires disposal; (ii) to determine management actions that are to be taken to reduce sediment and contaminant loading of dredged areas; (iii) to thoroughly assess alternative locations, treatment technologies, and beneficial uses for dredged material; (iv) to ensure that dumping is the disposal option of last resort for dredged material and is used only after all other options have been exhausted; (v) to secure— (I) alternative methods of disposal of dredged materials, including decontamination technologies; and (II) alternative uses of materials, including upland disposal, containment, beach nourishment, marsh restoration, habitat construction, and other beneficial reuses; and (vi) to confirm the specific roles of Federal, State, and local agencies with respect to various aspects of dredged material management. (C) Requirements \nThe plan shall include environmental, economic, and other analysis required to meet the objectives listed in subparagraph (B), including— (i) an analysis of strategies to reduce sediment loading of harbors and navigation areas; (ii) an analysis of sources of sediment contamination, including recommendations for management measures to limit or reduce those contamination sources; (iii) an analysis of options for reducing dredging needs through modification of navigation strategies; (iv) an analysis of decontamination technologies, including subsequent alternative uses of decontaminated materials (such as upland disposal, containment, beach nourishment, marsh restoration, and habitat construction); and (v) a program for use of alternative methods of disposal and use of dredged material, including alternatives to dumping or dispersal in a covered body of water. (D) Public input \nThe Secretary and the Administrator shall— (i) during the development of the plan, hold in the States of Connecticut and New York a series of public hearings on the plan; and (ii) append to the plan a summary of the public comments received. (E) Support \nEach of the Federal agencies referred to in subparagraph (A) shall provide such staff support and other resources as are necessary to carry out this paragraph. (F) Approval by connecticut and new york \n(i) In general \nNot later than 60 days after the date of receipt of the plan, the Governors of the States of Connecticut and New York shall notify the Secretary and the Administrator of whether the States approve or disapprove the plan. (ii) Dumping of dredged material \nNo dredged material from a covered project may be dumped, or transported for the purpose of dumping, in any covered body of water unless the dredged material— (I) conforms to a plan that has been approved by the Governors of the States of Connecticut and New York; and (II) is to be dumped in a dredged material disposal site designated by the Administrator under this title. (iii) Finality \nNo dredged material disposal plan shall become final until the plan has been approved by the States of Connecticut and New York under clause (i). (iv) Previously designated sites \nNo dredged material disposal site in any covered body of water that was designated before the date of enactment of this clause shall be used for dumping of dredged material from a covered project until the plan has been approved by the States of Connecticut and New York under clause (i). (G) Authorization of appropriations \nThere is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2005 and 2006..", "id": "HC6D8FBFA6DD9462DBFD95900EAED9DE7", "header": "Prohibition on dumping of dredged material" } ]

[ { "text": "1. Guard or Reserve duty assignment required as condition of promotion of Army and Air Force officers to brigadier general \n(a) In general \nChapter 36 of title 10, is amended by inserting after section 619a the following new section: 619b. Eligibility for consideration for promotion: Army and Air Force officers; Guard or Reserve duty required before promotion to brigadier general; exceptions \n(a) General rule \nAfter the end of the one-year period beginning on the date of the enactment of this section, an officer on the active-duty list of the Army or Air Force may not be appointed to the grade of brigadier general unless the officer has completed a tour of duty of at least one year in a Guard or Reserve duty assignment. (b) Exceptions \nSubject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the service. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which Guard or Reserve requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a judge advocate. (4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a Guard or Reserve duty assignment if at least 180 days of that assignment have been completed on the date of the convening of that selection board. (c) Regulations \nThe Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general is based primarily upon scientific and technical qualifications for which Guard or Reserve requirements do not exist. (d) Guard or Reserve duty assignment defined \nIn this section, the term Guard or Reserve duty assignment means an assignment involving the organizing, administering, recruiting, instructing, or training the reserve components, other than an assignment to a Reserve Officers Training Corps unit.. (b) Clerical amendment \nThe table of sections at the beginning of subchapter II of such chapter is amended by inserting after the item relating to section 619a the following new item: 619b. Eligibility for consideration for promotion: Army and Air Force officers; Guard or Reserve duty required before promotion to brigadier general; exceptions.", "id": "HE65058B9C6954EE00037F4304975762", "header": "Guard or Reserve duty assignment required as condition of promotion of Army and Air Force officers to brigadier general" }, { "text": "619b. Eligibility for consideration for promotion: Army and Air Force officers; Guard or Reserve duty required before promotion to brigadier general; exceptions \n(a) General rule \nAfter the end of the one-year period beginning on the date of the enactment of this section, an officer on the active-duty list of the Army or Air Force may not be appointed to the grade of brigadier general unless the officer has completed a tour of duty of at least one year in a Guard or Reserve duty assignment. (b) Exceptions \nSubject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the service. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which Guard or Reserve requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a judge advocate. (4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a Guard or Reserve duty assignment if at least 180 days of that assignment have been completed on the date of the convening of that selection board. (c) Regulations \nThe Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general is based primarily upon scientific and technical qualifications for which Guard or Reserve requirements do not exist. (d) Guard or Reserve duty assignment defined \nIn this section, the term Guard or Reserve duty assignment means an assignment involving the organizing, administering, recruiting, instructing, or training the reserve components, other than an assignment to a Reserve Officers Training Corps unit.", "id": "H73F89FB7A2A24B8382B92C461470FC5", "header": "Eligibility for consideration for promotion: Army and Air Force officers; Guard or Reserve duty required before promotion to brigadier general; exceptions" } ]

[ { "text": "1. Small business tax incentives \n(a) Increase in section 179 expensing \n(1) Increase in dollar limitation made permanent \nParagraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking $25,000 ($100,000 in the case of taxable years beginning after 2002 and before 2006) and inserting $100,000. (2) Increase in threshold for reduction of dollar limitation \nParagraph (2) of section 179(b) of such Code (relating to reduction in limitation) is amended by striking $200,000 ($400,000 in the case of taxable years beginning after 2002 and before 2006) and inserting $500,000. (3) Inflation adjustment \nParagraph (5) of section 179(b) of such Code (relating to inflations adjustments) is amended to read as follows: (5) Inflation adjustments \n(A) Dollar limitation \nIn the case of any taxable year beginning in a calendar year after 2004, the $100,000 amount in paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting calendar year 2002 for calendar year 1992 in subparagraph (B) thereof. (B) Phaseout amount \nIn the case of any taxable year beginning in a calendar year after 2005, the $500,000 amount in paragraph (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment 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. (C) Rounding \n(i) Dollar limitation \nIf the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. (ii) Phaseout amount \nIf the amount in paragraph (2) as increased under subparagraph (B) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.. (4) Effective date \nThe amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (b) Work opportunity credit, welfare-to-work credit, and research credit allowed against alternative minimum tax \n(1) In general \nSubsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (7) and by inserting after paragraph (3) the following new paragraphs: (4) Special rules for work opportunity credit \n(A) In general \nIn the case of the work opportunity credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the work opportunity credit, the welfare-to-work credit, or the research credit). (B) Work opportunity credit \nFor purposes of this subsection, the term work opportunity credit means the credit allowable under subsection (a) by reason of section 51(a). (5) Special rules for welfare-to-work credit \n(A) In general \nIn the case of the welfare-to-work credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the welfare-to-work credit or the research credit). (B) Welfare-to-work credit \nFor purposes of this subsection, the term welfare-to-work credit means the credit allowable under subsection (a) by reason of section 51A(d)(2). (6) Special rules for research credit \n(A) In general \nIn the case of the research credit— (i) this section and section 39 shall be applied separately with respect to such credit, and (ii) in applying paragraph (1) to such credit— (I) subparagraph (A) shall not apply, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the research credit). (B) Research credit \nFor purposes of this subsection, the term research credit means the credit allowable under subsection (a) by reason of section 41.. (2) Conforming amendments \n(A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended— (i) by striking or after employment credit and inserting a comma, and (ii) by inserting , the work opportunity credit, the welfare-to-work credit, or the research credit after employee credit. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting , the work opportunity credit, the welfare-to-work, or the research credit after employee credit. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years beginning after December 31, 2004.", "id": "H54E74EDBC34145668BE400DA00CA8F72", "header": "Small business tax incentives" }, { "text": "2. Standard home office deduction \n(a) In general \nSubsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: (7) Standard home office deduction \nIn the case of a use described in paragraph (1), (2), or (4), and in the case of a use described in paragraph (3) where the dwelling unit is used by the taxpayer during the taxable year as a residence, the deductions allowed under this chapter for the taxable year by reason of being attributed to such use shall not be less than $2,500.. (b) Standard home office deduction not subject to limitation \nParagraph (5) of section 280A(c) of such Code (relating to limitation on deductions) is amended by striking In the case of and inserting Except as provided in paragraph (7), in the case of. (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": "H32BEBDCCD8D3488CB0C00000E02655D7", "header": "Standard home office deduction" }, { "text": "3. Minimum wage provisions \n(a) Increase in tip income \nSection 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) ) is amended by adding before the semicolon the following: , except that, for purposes of this paragraph, the cash wage paid such employee shall be not less than $3.25 an hour beginning October 1, 2005. (b) Minimum wage \n(1) Exemption for small employers \nSection 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended— (A) in subsection (a), by inserting after Every employer the following: who employs ten or more employees ; and (B) in subsection (b), by inserting after Every employer the following: who employs ten or more employees. (2) Phased increase \nSection 6(a) of such Act ( 29 U.S.C. 206(a) ) is amended by striking paragraph (1) and inserting the following new paragraph: (1) except as otherwise provided in this section, not less than $5.15 an hour through the period ending September 30, 2005, not less than $5.50 an hour during the year beginning October 1, 2005, not less than $6.00 an hour during the year beginning October 1, 2006, and not less than $6.50 an hour during the year beginning October 1, 2007.. (c) Effective date \nThe amendment made by subsection (b)(1) shall apply beginning October 1, 2005.", "id": "H924091AFCBBC4121A423D1DB7689F095", "header": "Minimum wage provisions" }, { "text": "4. Increased exemption for annual gross volume of sales made or business done by an enterprise \nSection 3(s)(1)(A)(ii) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(s)(1)(A)(ii) ) is amended to read as follows: (ii) is an enterprise whose annual gross volume of sales made or business done, exclusive of excise taxes at the retail level that are separately stated, is not less than $500,000 through the period ending September 30, 2005, not less than $650,000 during the year beginning October 1, 2005, not less than $800,000 during the year beginning October 1, 2006, and not less than $1,000,000 during the year beginning October 1, 2007..", "id": "H77806DC8C0F041D097DFC77E6F79D269", "header": "Increased exemption for annual gross volume of sales made or business done by an enterprise" }, { "text": "5. Earned income exclusion under the SSI program \n(a) In general \nSection 1612(b) of the Social Security Act ( 42 U.S.C. 1382a(b) ) is amended— (1) by striking and at the end of paragraph (22); (2) by striking the period at the end of paragraph (23) and inserting ; and ; and (3) by adding at the end the following: (24) (A) if such individual does not have an eligible spouse, the amount (if any) by which the minimum wage rate in effect for the month under section 6 of the Fair Labor Standards Act of 1938 multiplied by the number of hours for which such individual is gainfully employed during the month exceeds the total amount of earned income of such individual excluded by the preceding provisions of this subsection for the month; or (B) if such individual has an eligible spouse, the amount (if any) by which the minimum wage rate in effect for the month under section 6 of the Fair Labor Standards Act of 1938 multiplied by the total number of hours for which such individual and such spouse are gainfully employed during the month exceeds the total amount of earned income of such individual and such spouse excluded by the preceding provisions of this subsection for the month.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2005, and shall apply to benefits for months beginning on or after such date.", "id": "H7395400007534A66A12E3D904CF39516", "header": "Earned income exclusion under the SSI program" } ]

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

[ { "text": "1. Short title; findings; table of contents \n(a) Short title \nThis Act may be cited as the American Health Benefits Program Act of 2004. (b) Findings \nCongress finds the following: (1) Uninsured americans and lack of access to choices \n(A) In 2002, 43.6 million Americans were uninsured, 80 percent of whom were employed (or dependents of individuals who were employed). (B) Health care providers provided to uninsured Americans $35 billion in care for which they were not compensated by the individuals or through insurance. (C) Only 8 percent of employers providing health benefits are able to offer their employees a choice between two or more health plans. (2) Double-digit growth in employer costs \nIn 2003 the average per capita cost for employers to provide health benefits coverage increased by almost 14 percent. This was the third consecutive year of double-digit increases in such cost. (3) Administrative efficiency of using FEHBP model for providing health insurance coverage \n(A) The private insurance market presents increasing administrative challenges for employers in seeking out, contracting with, and administering health benefits. (B) The Federal Employee Health Benefits Program (FEHBP) currently manages negotiations with health insurers over premiums and benefits on behalf of 8.6 million Federal employees and retirees and their dependents. (C) Overhead costs for employers providing health benefits coverage can be over 30 percent for employers with fewer than 10 employees and about 12 percent for employers with more than 500 employees. (D) In comparison, the overhead cost of coverage provided under FEHBP is about 3 percent. (4) Expansion of FEHBP model to cover uninsured and other americans \nRequiring participation in an FEHBP-style program would expand consumer choice, ensure portability and continuity of coverage, improve incentives for cost containment, and stabilize the burden on businesses (5) Personal responsibility \nA recent survey indicates that a clear majority of Americans see securing health insurance coverage as a personal responsibility for themselves and others. (c) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents Sec. 2. Establishment of American Health Benefits Program Title XXII—American Health Benefits Program Sec. 2201. Establishment of program Sec. 2202. Eligibility; requirement of coverage Sec. 2203. Qualified health plans; benefits; premiums Sec. 2204. Government contribution; American Health Benefits Program Trust Fund Sec. 2205. Premium and cost-sharing subsidies for lower income individuals Sec. 2206. Administration Sec. 2207. Definitions Sec. 3. Collection of premiums, subsidies, and employer funding Sec. 4. Amendments to the medicaid and SCHIP program Sec. 5. Studies", "id": "H3992FC45238D41B2A3CC1539024B1EA4", "header": "Short title; findings; table of contents" }, { "text": "2. Establishment of American Health Benefits Program \n(a) In general \nThe Social Security Act is amended by adding at the end the following new title: XXII American Health Benefits Program \n2201. Establishment of program \nThere is established under this title a program (to be known as the American Health Benefits Program ) to provide comprehensive health insurance coverage to all Americans who are not covered under certain Federal health insurance programs. The coverage is provided in a manner similar to the manner in which coverage has been provided to Members of Congress and Federal government employees and retirees and their dependents under the Federal Employees Health Benefits Program (FEHBP). 2202. Eligibility; requirement of coverage \n(a) Eligibility \n(1) In general \nEach AHBP-eligible individual is eligible to enroll in a qualified health plan offered under this title. (2) AHBP-eligible individual defined \n(A) In general \nFor purposes of this title, the term AHBP-eligible individual means an individual residing in the United States who is— (i) a citizen or national of the United States; (ii) an alien lawfully admitted to the United States for permanent residence; (iii) an alien admitted into the United States under section 207 of the Immigration and Nationality Act (relating to refugees); (iv) an alien otherwise permanently residing in the United States under color of law (as specified by the Commissioner); and (v) an alien with the status of a nonimmigrant who is within a class of long-term nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act that the Commissioner determines, in consultation with the Secretary of Homeland Security, to be appropriate. (B) Exception \nSuch term does not include an individual who is incarcerated (as specified by the Commissioner). (b) Requirement of coverage \n(1) In general \nExcept as provided in this subsection, each AHBP-eligible individual shall be enrolled in a qualified health plan under this title. (2) Exception for individuals demonstrating public health insurance coverage \nThe requirement of paragraph (1) shall not apply to an individual who demonstrates coverage under any of the following: (A) Medicare \nCoverage under parts A and B (or under part C) of title XVIII. (B) Medicaid \nCoverage under a State plan under under title XIX. (C) TRICARE/CHAMPUS \nCoverage under the TRICARE program under chapter 55, of title 10, United States Code. (D) Indian health services \nCoverage under a medical care program of the Indian Health Service or of a tribal organization. (E) Veterans health \nCoverage under the veterans health care program under chapter 17 of title 38, United States Code, if the coverage for the individual involved is determined to be not less than the coverage provided under a qualified health plan, based on the individual’s priority for services as provided under section 1705(a) of such title. (3) Exception for nonimmigrants \nThe requirement of paragraph (1) shall not apply to an individual described in subsection (a)(2)(A)(v). (c) Enrollment; default enrollment \n(1) In general \nThe Commissioner shall establish a process for AHBP-eligible individuals to enroll in qualified health plans. Such process shall be based on the enrollment process used under FEHBP and shall provide for the dissemination information to AHBP-eligible individuals on qualified health plans being offered. (2) Default enrollment \n(A) In general \nThe Commissioner shall establish a procedure under which an AHBP-eligible individual who is required under subsection (b) to enroll, but is not enrolled, in a qualified health plan will be assigned to, and enrolled in, such a plan. (B) Rules \nIn carrying out subparagraph (A), the Commissioner shall assign AHBP-eligible individuals and families to plans the premium of which is below the average premium for the AHBP region or other area in which the individuals or families reside. (3) Changes in enrollment \nThe Commissioner shall establish enrollment procedures that include an annual open season and permitting changes in enrollment with qualified health plans at other times (such as by reason of changes in marital or dependent status). Such procedures shall be based on the enrollment procedures established under FEHBP. (d) Treatment of family members \nThe enrollment under this title shall include both individual and family enrollment, in a manner similar to that provided under FEHBP. To the extent consistent with eligibility under subsection (a), the Commissioner shall provide rules similar to the rules under FEHBP for the enrollment of family members who are AHBP-eligible individuals in the same plan, except that such rules shall permit a family consisting only of a married couple to elect to enroll each spouse in a different qualified health plan. (e) Changes in plan enrollment \nThe Commissioner shall provide for and permit changes in the qualified health plan in which an individual or family is enrolled under this section in a manner similar to the manner in which such changes are provided or permitted under FEHBP. The Commissioner shall provide for termination of such enrollment for an individual at the time the individual is no longer an AHBP-eligible individual. (f) Enrollment guides \nThe Commissioner shall provide for the broad dissemination of information on qualified health plans offered under this title. Such information shall be provided in a comparative manner, similar to that used under FEHBP, and shall include information, collected through surveys of enrollees, on measures of enrollee satisfaction with the different plans. 2203. Qualified health plans; benefits; premiums \n(a) Offering of plans \n(1) Contracts \nThe Commissioner shall enter into contracts with entities for the offering of qualified health plans in accordance with this title. Such contracts shall be entered into in a manner similar to the process by which the Director of the Office of Personnel Management is authorized to enter into contracts with health benefits plans under FEHBP. (2) Requirements for entities offering plans \nNo such contract shall be entered into with an entity for the offering of a qualified health plan in a region unless the entity— (A) is licensed as a health maintenance organization in that State or is licensed or to sell group health insurance in that State; (B) meets such requirements, similar to requirements under FEHBP, as the Commissioner may establish relating to solvency, organization, structure, governance, access, and quality; and (C) agrees to participate in the high-risk reinsurance pool described in subsection (d). (3) Contracting with limited number of plans in a region within types of plans \n(A) In general \nThe Commissioner shall contract with only a limited number of qualified health plans of each type (as specified under subparagraph (B)) in each AHBP region. (B) Types of plans \nFor purposes of subparagraph (A), the Commissioner shall classify the different types of qualified health plans, such as fee-for-service plans, health maintenance plans, preferred provider plans, and other types of plans. (b) FEHBP scope of benefits \n(1) Comprehensive benefits \nQualified health plans shall provide for the same scope and type of comprehensive benefits that have been provided under FEHBP, including the types of benefits described in section 8904 of title 5, United States Code and including benefits previously required by regulation or direction (such as preventive benefits, including childhood immunization and cancer screening, and mental health parity) under FEHBP. (2) No exclusion for pre-existing conditions \nQualified health plans shall not impose pre-existing condition exclusions or otherwise discriminate against any enrollee based on the health status of such enrollee (including genetic information relating to such enrollee). (3) Other consumer protections \nQualified health plans also shall meet consumer and patient protection requirements that the Commissioner establishes, based on similar requirements previously imposed under FEHBP, including protections of patients’ rights previously effected pursuant to Executive Memorandum. (c) Community-rated premiums \n(1) In general \nThe premiums established for a qualified health plan under this title for individual or family coverage shall be community-rated and shall not vary based on age, gender, health status (including genetic information), or other factors. (2) Collection process \nThe Commissioner shall establish a process for the timely and accurate collection of premiums owed by enrollees, taking into account any Government contribution under section 2204(a) and any premium subsidy referred to in section 2205(a). Such process shall include methods for payment through payroll withholding, as well as payment through automatic debiting of accounts with financial institutions, and shall be coordinated with the application of section 59B of the Internal Revenue Code of 1986. Such premiums shall be deposited into the American Health Benefits Program Trust Fund established under section 2204(c). (d) High-risk reinsurance pool \nThe Commissioner shall establish an arrangement among the entities offering qualified health plans under which such entitles contribute in an equitable manner (as determined by the Commissioner) into a fund that provides payment to plans for a percentage (specified by the Commissioner and not to exceed 90 percent) of the costs that they incur for enrollees beyond a predetermined threshold specified from time to time by the Commissioner. (e) Marketing practices and costs \nThe Commissioner shall monitor marketing practices with respect to qualified health plans in order to assure— (1) the accuracy of the information disseminated regarding such plans; and (2) that costs of marketing are reasonable and do not exceed a percentage of total costs that is specified by the Commissioner and that takes into account costs of market entry for new qualified health plans. 2204. Government contribution; American Health Benefits Program Trust Fund \n(a) Government contribution \n(1) In general \nThe Commissioner shall provide each year for a contribution under this subsection towards the coverage provided under this title for those AHBP-eligible individuals who are required to be enrolled in a qualified health plan under section 2202(b). Except as provided in this subsection, the amount of such contribution shall be determined using the same methodology that is applied for purposes of determining the Government contribution under section 8906 of title 5, United States Code and shall not exceed 75 percent of the premium for the plan selected. (2) Use of regional weighted average \nInstead of computing the Government contribution using methodology under section 8906(b)(1) of title 5, United States Code, based on 72 percent of the weighted average premium for qualified health plans nationally, the Commissioner shall compute such contribution based on 72 percent of the weighted average premium for qualified health plans in each region involved (as identified by the Commissioner). (b) Plan payment \n(1) In general \nThe Commissioner shall provide for payment of qualified health plans of the premiums for such plans, as adjusted under this subsection. (2) Risk adjusted payment \nThe payment to a qualified health plan under this subsection shall be adjusted in a budget-neutral manner specified the Commissioner to reflect the actuarial risk of the enrollees in the plan compared to an average actuarial risk. (3) Reduction for administrative expenses and contingency reserve \nThe Commissioner shall provide for a uniform percentage reduction in payment otherwise made to a qualified health plan under this subsection. Such percentage shall consist of the following: (A) Contingency reserve \nA percentage (not to exceed 3 percent) to provide for a contingency reserve described in section 2206(h)(1). (B) Federal administrative costs \nA percentage (not to exceed 5 percent) to cover Federal administrative costs in implementing this title. (c) Trust fund \n(1) Establishment \nThere is hereby established a trust fund, to be known as the American Health Benefits Program Trust Fund (in this subsection referred to as the Trust Fund ). (2) Deposits \nThe Trust Fund shall consist of such gifts and bequests as may be provided in section 201(i)(1) and such amounts as may be deposited in, or appropriated to, such fund as provided in this title. There are hereby appropriated to the Fund, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of— (A) the taxes imposed by section 3451 of the Internal Revenue Code of 1986 with respect to wages reported to the Secretary of the Treasury or the Secretary ’s delegate pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of records of wages established and maintained by such Commissioner in accordance with such reports; (B) the taxes imposed by section 1401(c) of the Internal Revenue Code of 1986 with respect to self-employment income reported to the Secretary of the Treasury or the Secretary ’s delegate pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of records of self-employment established and maintained by such Commissioner in accordance with such returns; and (C) the excess of the amounts imposed under section 59B of the Internal Revenue Code of 1986 over the amounts of credits allowed under section 36. The amounts appropriated by the preceding sentence shall be transferred from time to time from the general fund in the Treasury to the Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in the preceding sentence, paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such sentence. (3) Application of trust fund provisions \nThe provisions of subsections (b) through (f) of section 1817 shall apply to the Trust Fund in the same manner as they apply to the Federal Hospital Insurance Trust Fund, except that, for purposes of this paragraph, any reference in such subsections to a provision of the Internal Revenue Code of 1986 is deemed a reference to the corresponding provision of such Code referred to in paragraph (2) of this subsection. 2205. Premium and cost-sharing subsidies for lower income individuals \n(a) Premium subsidies \nThe Commissioner, in consultation with the Secretary of the Treasury, shall assist individuals in estimating the amount of the premium subsidy which will be allowed to such individual under section 36 of the Internal Revenue Code of 1986 with respect to any month, and shall take the estimated amount of such premium subsidy into account for purposes of collecting any premium under section 2203(b)(2). (b) Cost-sharing subsidies \n(1) No cost-sharing for individuals with family income below lowest income threshold \nIn the case of a cost-sharing subsidy-eligible individual whose family income is less than the lowest income threshold, there shall be a cost-sharing subsidy so the cost-sharing is reduced to zero. (2) No cost-sharing for pregnant women and children \nIn the case of a cost-sharing subsidy-eligible individual who is under 18 years of age or who is a pregnant woman, there shall be a cost-sharing subsidy so the cost-sharing is reduced to zero. (3) Sliding scale for other individuals \nIn the case of cost-sharing subsidy-eligible individuals not described in paragraph (1) or (2), the Commissioner of Health Benefits, in consultation with the Secretary of the Treasury, shall establish a schedule of cost-sharing subsidies consistent with this paragraph. Under such schedule the amount of cost-sharing subsidy for such individuals shall— (A) be such that the cost-sharing is nominal (as defined for purposes of section 1916(a)(3)) for individuals whose family income is at the lowest income threshold; and (B) be such that, as the family income increases from such lowest income threshold to twice such threshold, the cost-sharing subsidy is reduced in a ratable matter to zero. (4) Application of a previous year’s family income \nIn applying this subsection for cost-sharing subsidies for expenses incurred for services furnished in a year, family income shall be determined based on the modified AGI for taxable years ending in or with the previous year (or, if information on such modified AGI for such taxable years is not available on a timely basis, for the most recent taxable years for which such information is so available). (5) Application for subsidies \nA cost-sharing subsidy shall not be available to a cost-sharing subsidy-eligible individual under this subsection unless the there has been an application, in a form and manner and containing such information and in such frequency as the Commissioner shall specify, has been made for such subsidy. (6) Payment of subsidies to plans \nThe Commissioner shall establish the form of additional payments to qualified health plans to compensate such plans for cost-sharing subsidies provided to enrollees under this subsection. Such payments may be in such form as the Commissioner specifies and may include— (A) a capitation payment, in an amount that reflects the per capita actuarial value of such subsidies; (B) reimbursement for the reductions in cost-sharing made to carry out this subsection; or (C) a combination of the methodologies under paragraphs (1) and (2). (7) Definitions \nFor purposes of this subsection: (A) Cost-sharing subsidy-eligible individual defined \nThe term cost-sharing subsidy-eligible individual means an AHBP-eligible individual— (i) who is enrolled, and required under section 2202(b) to be enrolled, in a qualified health plan under this title; (ii) whose family income does not exceed twice the lowest income threshold (as defined in subparagraph (B)); and (iii) who does not have in effect (and any of whose family members does not have in effect), in a form and manner specified by the Commissioner in consultation with the Secretary of the Treasury, for any portion of the year involved an objection to the release of information under section 6103(l)(21) of the Internal Revenue Code of 1986. (B) Lowest income threshold \nThe term lowest income threshold means, with respect to coverage consisting of— (i) only an individual, 125 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) for a single individual; or (ii) a family of two or more individuals, 150 percent of the poverty line (as so defined) for a family of the size involved. (C) Family income \nThe term family income means, with respect to an AHBP-eligible individual who is enrolled in a qualified health plan— (i) for individual-only coverage, the modified AGI of the individual; or (ii) for coverage that includes other family members, the sum of the modified AGI of the individual and of each other individual covered under the plan as a family member of the individual. The Commissioner, in consultation with the Secretary of the Treasury, may provide for exclusion from family income under subparagraph (B) of family members (such as children) who have de minimis income (as specified by such Commissioner). (D) Modified AGI defined \nThe term modified AGI means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986)— (i) determined without regard to sections 135, 911, 931, and 933 of such Code; and (ii) increased by the amount of interest received or accrued during the taxable year which is exempt from tax under such Code. In the case of an individual filing a joint return, any reference in this subsection to the modified adjusted gross income of such individual shall be to ½ such return’s modified adjusted gross income. 2206. Administration \n(a) Application of FEHBP rules \n(1) In general \nExcept as otherwise provided in this title, the program under this title shall be administered in the same manner as FEHBP. (2) Specific provisions \nIn carrying out this title, the Commissioner pursuant to paragraph (1) shall provide for the following: (A) Approval and disapproval of plans as qualified health plans. (B) Negotiation of plan benefits (including cost-sharing) and plan premiums. (b) Establishment of Health Benefits Administration \nThere is hereby established, as an independent agency in the executive branch of Government, a Health Benefits Administration (in this title referred to as the Administration ). (c) Duties \n(1) In general \nIt shall be the duty of the Administration to administer the program under this title and, with respect to application of any provisions of FEHBP under this title, any reference in FEHBP to the Director of the Office of Management and Budget is deemed a reference to the Commissioner of Health Benefits appointed under subsection (d)(1). (2) Establishment of AHBP regions \nFor purposes of carrying out this title, the Commissioner shall divide the United States into, and establish, AHBP regions. (d) Officers \n(1) Commissioner of Health Benefits \n(A) In general \nThere shall be in the Administration a Commissioner of Health Benefits who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Compensation \nThe Commissioner shall be compensated at the rate provided for level I of the Executive Schedule. (C) Term \nThe provisions of section 702(b)(2) shall apply to the Commissioner in the same manner as they apply to the Commissioner of Social Security, except that any reference to January 19, 2001, shall be treated as a reference to the date that is January 19 of the fifth year that begins after the date of the enactment of this title. (2) Deputy commissioner \n(A) In general \nThere shall be in the Administration a Deputy Commissioner for Health Benefits, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Application of SSA provisions \nThe provisions of paragraphs (2) through (4) of section 701(c) shall apply to the Deputy Commissioner in the same manner as they apply to the Deputy Commissioner of Social Security, except that any reference to January 19, 2001, shall be treated as a reference to the date specified under paragraph (3). (3) Other officers \nThere shall be in the Administration a Chief Actuary, Chief Financial Officer, and Inspector General. The provisions of subsections (c) through (e) of section 701 shall apply with respect to such officers in the same manner as they apply with respect to comparable officers in the Social Security Administration. (4) Personnel; budgetary matters; seal of office \nThe provisions of subsections (a)(1), (a)(2), (b), and (d) of section 704 shall apply to the Commissioner and Administration in the same manner as they apply to the Commissioner of Social Security and the Social Security Administration, respectively. (e) Authority and rulemaking \nThe provisions of paragraphs (4) through (7) of section 701(b) and section 704 shall apply to the Administration and Commissioner in the same manner as they apply to the Social Security Administration and the Commissioner of Social Security. (f) Use of regional and field offices \nThe Commissioner shall establish such regional and field offices as may be appropriate for the convenient and efficient administration of this title. (g) Coverage of administration costs \nThe Commissioner shall provide for the collection of administrative costs of offering coverage under this title from entities offering qualified health plans in the same manner as FEHBP provides for coverage of its administrative costs. (h) Contingency reserves \n(1) AHBP contingency reserve \nThe Commissioner is authorized to establish and maintain a contingency reserve for purposes of carrying out this title and is authorized to impose a premium surcharge of up to 3 percent in order to provide financing for such reserve. (2) Plan reserves \nA qualified health plan may establish contingency reserves, that are in addition to the reserve described in paragraph (1), in a manner similar to that permitted under FEHBP. 2207. Definitions \nFor purposes of this title: (1) The term Administration means the Health Benefits Administration established under section 2206(a). (2) The term AHBP-eligible individual means an individual described in section 2202(a). (3) The term AHBP region means a region as specified by the Commissioner under section 2206(c)(2). (4) The term Commissioner means the Commissioner of Health Benefits appointed under section 2206(c). (5) The term FEHBP means the program under chapter 89 of title 5, United States Code, as in effect before the date of the enactment of this title. (6) The term qualified health plan means such a plan offered under this title.. (b) Effective date; collective bargaining agreements \n(1) Benefits \nTitle XXII of the Social Security Act shall first apply to benefits for items and services furnished on or after January 1, 2007. (2) Effect on collective bargaining agreements \nNothing in this Act shall be construed as preventing a collectively bargained agreement from providing coverage that is additional to, or supplementary of, benefits provided under the American Health Benefits Program.", "id": "H3DBD65B83B3246A986F2BE559CF029B4", "header": "Establishment of American Health Benefits Program" }, { "text": "2201. Establishment of program \nThere is established under this title a program (to be known as the American Health Benefits Program ) to provide comprehensive health insurance coverage to all Americans who are not covered under certain Federal health insurance programs. The coverage is provided in a manner similar to the manner in which coverage has been provided to Members of Congress and Federal government employees and retirees and their dependents under the Federal Employees Health Benefits Program (FEHBP).", "id": "HCE056EAD34FC4D8CB659DC52CD94A5C3", "header": "Establishment of program" }, { "text": "2202. Eligibility; requirement of coverage \n(a) Eligibility \n(1) In general \nEach AHBP-eligible individual is eligible to enroll in a qualified health plan offered under this title. (2) AHBP-eligible individual defined \n(A) In general \nFor purposes of this title, the term AHBP-eligible individual means an individual residing in the United States who is— (i) a citizen or national of the United States; (ii) an alien lawfully admitted to the United States for permanent residence; (iii) an alien admitted into the United States under section 207 of the Immigration and Nationality Act (relating to refugees); (iv) an alien otherwise permanently residing in the United States under color of law (as specified by the Commissioner); and (v) an alien with the status of a nonimmigrant who is within a class of long-term nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act that the Commissioner determines, in consultation with the Secretary of Homeland Security, to be appropriate. (B) Exception \nSuch term does not include an individual who is incarcerated (as specified by the Commissioner). (b) Requirement of coverage \n(1) In general \nExcept as provided in this subsection, each AHBP-eligible individual shall be enrolled in a qualified health plan under this title. (2) Exception for individuals demonstrating public health insurance coverage \nThe requirement of paragraph (1) shall not apply to an individual who demonstrates coverage under any of the following: (A) Medicare \nCoverage under parts A and B (or under part C) of title XVIII. (B) Medicaid \nCoverage under a State plan under under title XIX. (C) TRICARE/CHAMPUS \nCoverage under the TRICARE program under chapter 55, of title 10, United States Code. (D) Indian health services \nCoverage under a medical care program of the Indian Health Service or of a tribal organization. (E) Veterans health \nCoverage under the veterans health care program under chapter 17 of title 38, United States Code, if the coverage for the individual involved is determined to be not less than the coverage provided under a qualified health plan, based on the individual’s priority for services as provided under section 1705(a) of such title. (3) Exception for nonimmigrants \nThe requirement of paragraph (1) shall not apply to an individual described in subsection (a)(2)(A)(v). (c) Enrollment; default enrollment \n(1) In general \nThe Commissioner shall establish a process for AHBP-eligible individuals to enroll in qualified health plans. Such process shall be based on the enrollment process used under FEHBP and shall provide for the dissemination information to AHBP-eligible individuals on qualified health plans being offered. (2) Default enrollment \n(A) In general \nThe Commissioner shall establish a procedure under which an AHBP-eligible individual who is required under subsection (b) to enroll, but is not enrolled, in a qualified health plan will be assigned to, and enrolled in, such a plan. (B) Rules \nIn carrying out subparagraph (A), the Commissioner shall assign AHBP-eligible individuals and families to plans the premium of which is below the average premium for the AHBP region or other area in which the individuals or families reside. (3) Changes in enrollment \nThe Commissioner shall establish enrollment procedures that include an annual open season and permitting changes in enrollment with qualified health plans at other times (such as by reason of changes in marital or dependent status). Such procedures shall be based on the enrollment procedures established under FEHBP. (d) Treatment of family members \nThe enrollment under this title shall include both individual and family enrollment, in a manner similar to that provided under FEHBP. To the extent consistent with eligibility under subsection (a), the Commissioner shall provide rules similar to the rules under FEHBP for the enrollment of family members who are AHBP-eligible individuals in the same plan, except that such rules shall permit a family consisting only of a married couple to elect to enroll each spouse in a different qualified health plan. (e) Changes in plan enrollment \nThe Commissioner shall provide for and permit changes in the qualified health plan in which an individual or family is enrolled under this section in a manner similar to the manner in which such changes are provided or permitted under FEHBP. The Commissioner shall provide for termination of such enrollment for an individual at the time the individual is no longer an AHBP-eligible individual. (f) Enrollment guides \nThe Commissioner shall provide for the broad dissemination of information on qualified health plans offered under this title. Such information shall be provided in a comparative manner, similar to that used under FEHBP, and shall include information, collected through surveys of enrollees, on measures of enrollee satisfaction with the different plans.", "id": "H7A9172AE44984DABAF074C15B0E553FD", "header": "Eligibility; requirement of coverage" }, { "text": "2203. Qualified health plans; benefits; premiums \n(a) Offering of plans \n(1) Contracts \nThe Commissioner shall enter into contracts with entities for the offering of qualified health plans in accordance with this title. Such contracts shall be entered into in a manner similar to the process by which the Director of the Office of Personnel Management is authorized to enter into contracts with health benefits plans under FEHBP. (2) Requirements for entities offering plans \nNo such contract shall be entered into with an entity for the offering of a qualified health plan in a region unless the entity— (A) is licensed as a health maintenance organization in that State or is licensed or to sell group health insurance in that State; (B) meets such requirements, similar to requirements under FEHBP, as the Commissioner may establish relating to solvency, organization, structure, governance, access, and quality; and (C) agrees to participate in the high-risk reinsurance pool described in subsection (d). (3) Contracting with limited number of plans in a region within types of plans \n(A) In general \nThe Commissioner shall contract with only a limited number of qualified health plans of each type (as specified under subparagraph (B)) in each AHBP region. (B) Types of plans \nFor purposes of subparagraph (A), the Commissioner shall classify the different types of qualified health plans, such as fee-for-service plans, health maintenance plans, preferred provider plans, and other types of plans. (b) FEHBP scope of benefits \n(1) Comprehensive benefits \nQualified health plans shall provide for the same scope and type of comprehensive benefits that have been provided under FEHBP, including the types of benefits described in section 8904 of title 5, United States Code and including benefits previously required by regulation or direction (such as preventive benefits, including childhood immunization and cancer screening, and mental health parity) under FEHBP. (2) No exclusion for pre-existing conditions \nQualified health plans shall not impose pre-existing condition exclusions or otherwise discriminate against any enrollee based on the health status of such enrollee (including genetic information relating to such enrollee). (3) Other consumer protections \nQualified health plans also shall meet consumer and patient protection requirements that the Commissioner establishes, based on similar requirements previously imposed under FEHBP, including protections of patients’ rights previously effected pursuant to Executive Memorandum. (c) Community-rated premiums \n(1) In general \nThe premiums established for a qualified health plan under this title for individual or family coverage shall be community-rated and shall not vary based on age, gender, health status (including genetic information), or other factors. (2) Collection process \nThe Commissioner shall establish a process for the timely and accurate collection of premiums owed by enrollees, taking into account any Government contribution under section 2204(a) and any premium subsidy referred to in section 2205(a). Such process shall include methods for payment through payroll withholding, as well as payment through automatic debiting of accounts with financial institutions, and shall be coordinated with the application of section 59B of the Internal Revenue Code of 1986. Such premiums shall be deposited into the American Health Benefits Program Trust Fund established under section 2204(c). (d) High-risk reinsurance pool \nThe Commissioner shall establish an arrangement among the entities offering qualified health plans under which such entitles contribute in an equitable manner (as determined by the Commissioner) into a fund that provides payment to plans for a percentage (specified by the Commissioner and not to exceed 90 percent) of the costs that they incur for enrollees beyond a predetermined threshold specified from time to time by the Commissioner. (e) Marketing practices and costs \nThe Commissioner shall monitor marketing practices with respect to qualified health plans in order to assure— (1) the accuracy of the information disseminated regarding such plans; and (2) that costs of marketing are reasonable and do not exceed a percentage of total costs that is specified by the Commissioner and that takes into account costs of market entry for new qualified health plans.", "id": "H9B15B8C7C1FF4D16877CF7001B4BF394", "header": "Qualified health plans; benefits; premiums" }, { "text": "2204. Government contribution; American Health Benefits Program Trust Fund \n(a) Government contribution \n(1) In general \nThe Commissioner shall provide each year for a contribution under this subsection towards the coverage provided under this title for those AHBP-eligible individuals who are required to be enrolled in a qualified health plan under section 2202(b). Except as provided in this subsection, the amount of such contribution shall be determined using the same methodology that is applied for purposes of determining the Government contribution under section 8906 of title 5, United States Code and shall not exceed 75 percent of the premium for the plan selected. (2) Use of regional weighted average \nInstead of computing the Government contribution using methodology under section 8906(b)(1) of title 5, United States Code, based on 72 percent of the weighted average premium for qualified health plans nationally, the Commissioner shall compute such contribution based on 72 percent of the weighted average premium for qualified health plans in each region involved (as identified by the Commissioner). (b) Plan payment \n(1) In general \nThe Commissioner shall provide for payment of qualified health plans of the premiums for such plans, as adjusted under this subsection. (2) Risk adjusted payment \nThe payment to a qualified health plan under this subsection shall be adjusted in a budget-neutral manner specified the Commissioner to reflect the actuarial risk of the enrollees in the plan compared to an average actuarial risk. (3) Reduction for administrative expenses and contingency reserve \nThe Commissioner shall provide for a uniform percentage reduction in payment otherwise made to a qualified health plan under this subsection. Such percentage shall consist of the following: (A) Contingency reserve \nA percentage (not to exceed 3 percent) to provide for a contingency reserve described in section 2206(h)(1). (B) Federal administrative costs \nA percentage (not to exceed 5 percent) to cover Federal administrative costs in implementing this title. (c) Trust fund \n(1) Establishment \nThere is hereby established a trust fund, to be known as the American Health Benefits Program Trust Fund (in this subsection referred to as the Trust Fund ). (2) Deposits \nThe Trust Fund shall consist of such gifts and bequests as may be provided in section 201(i)(1) and such amounts as may be deposited in, or appropriated to, such fund as provided in this title. There are hereby appropriated to the Fund, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of— (A) the taxes imposed by section 3451 of the Internal Revenue Code of 1986 with respect to wages reported to the Secretary of the Treasury or the Secretary ’s delegate pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of records of wages established and maintained by such Commissioner in accordance with such reports; (B) the taxes imposed by section 1401(c) of the Internal Revenue Code of 1986 with respect to self-employment income reported to the Secretary of the Treasury or the Secretary ’s delegate pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of records of self-employment established and maintained by such Commissioner in accordance with such returns; and (C) the excess of the amounts imposed under section 59B of the Internal Revenue Code of 1986 over the amounts of credits allowed under section 36. The amounts appropriated by the preceding sentence shall be transferred from time to time from the general fund in the Treasury to the Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in the preceding sentence, paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such sentence. (3) Application of trust fund provisions \nThe provisions of subsections (b) through (f) of section 1817 shall apply to the Trust Fund in the same manner as they apply to the Federal Hospital Insurance Trust Fund, except that, for purposes of this paragraph, any reference in such subsections to a provision of the Internal Revenue Code of 1986 is deemed a reference to the corresponding provision of such Code referred to in paragraph (2) of this subsection.", "id": "H45B404E97D4C4BF2A2B6B77BB5E36B37", "header": "Government contribution; American Health Benefits Program Trust Fund" }, { "text": "2205. Premium and cost-sharing subsidies for lower income individuals \n(a) Premium subsidies \nThe Commissioner, in consultation with the Secretary of the Treasury, shall assist individuals in estimating the amount of the premium subsidy which will be allowed to such individual under section 36 of the Internal Revenue Code of 1986 with respect to any month, and shall take the estimated amount of such premium subsidy into account for purposes of collecting any premium under section 2203(b)(2). (b) Cost-sharing subsidies \n(1) No cost-sharing for individuals with family income below lowest income threshold \nIn the case of a cost-sharing subsidy-eligible individual whose family income is less than the lowest income threshold, there shall be a cost-sharing subsidy so the cost-sharing is reduced to zero. (2) No cost-sharing for pregnant women and children \nIn the case of a cost-sharing subsidy-eligible individual who is under 18 years of age or who is a pregnant woman, there shall be a cost-sharing subsidy so the cost-sharing is reduced to zero. (3) Sliding scale for other individuals \nIn the case of cost-sharing subsidy-eligible individuals not described in paragraph (1) or (2), the Commissioner of Health Benefits, in consultation with the Secretary of the Treasury, shall establish a schedule of cost-sharing subsidies consistent with this paragraph. Under such schedule the amount of cost-sharing subsidy for such individuals shall— (A) be such that the cost-sharing is nominal (as defined for purposes of section 1916(a)(3)) for individuals whose family income is at the lowest income threshold; and (B) be such that, as the family income increases from such lowest income threshold to twice such threshold, the cost-sharing subsidy is reduced in a ratable matter to zero. (4) Application of a previous year’s family income \nIn applying this subsection for cost-sharing subsidies for expenses incurred for services furnished in a year, family income shall be determined based on the modified AGI for taxable years ending in or with the previous year (or, if information on such modified AGI for such taxable years is not available on a timely basis, for the most recent taxable years for which such information is so available). (5) Application for subsidies \nA cost-sharing subsidy shall not be available to a cost-sharing subsidy-eligible individual under this subsection unless the there has been an application, in a form and manner and containing such information and in such frequency as the Commissioner shall specify, has been made for such subsidy. (6) Payment of subsidies to plans \nThe Commissioner shall establish the form of additional payments to qualified health plans to compensate such plans for cost-sharing subsidies provided to enrollees under this subsection. Such payments may be in such form as the Commissioner specifies and may include— (A) a capitation payment, in an amount that reflects the per capita actuarial value of such subsidies; (B) reimbursement for the reductions in cost-sharing made to carry out this subsection; or (C) a combination of the methodologies under paragraphs (1) and (2). (7) Definitions \nFor purposes of this subsection: (A) Cost-sharing subsidy-eligible individual defined \nThe term cost-sharing subsidy-eligible individual means an AHBP-eligible individual— (i) who is enrolled, and required under section 2202(b) to be enrolled, in a qualified health plan under this title; (ii) whose family income does not exceed twice the lowest income threshold (as defined in subparagraph (B)); and (iii) who does not have in effect (and any of whose family members does not have in effect), in a form and manner specified by the Commissioner in consultation with the Secretary of the Treasury, for any portion of the year involved an objection to the release of information under section 6103(l)(21) of the Internal Revenue Code of 1986. (B) Lowest income threshold \nThe term lowest income threshold means, with respect to coverage consisting of— (i) only an individual, 125 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) for a single individual; or (ii) a family of two or more individuals, 150 percent of the poverty line (as so defined) for a family of the size involved. (C) Family income \nThe term family income means, with respect to an AHBP-eligible individual who is enrolled in a qualified health plan— (i) for individual-only coverage, the modified AGI of the individual; or (ii) for coverage that includes other family members, the sum of the modified AGI of the individual and of each other individual covered under the plan as a family member of the individual. The Commissioner, in consultation with the Secretary of the Treasury, may provide for exclusion from family income under subparagraph (B) of family members (such as children) who have de minimis income (as specified by such Commissioner). (D) Modified AGI defined \nThe term modified AGI means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986)— (i) determined without regard to sections 135, 911, 931, and 933 of such Code; and (ii) increased by the amount of interest received or accrued during the taxable year which is exempt from tax under such Code. In the case of an individual filing a joint return, any reference in this subsection to the modified adjusted gross income of such individual shall be to ½ such return’s modified adjusted gross income.", "id": "HCC1E012CD39F426EB539FA85B67EC6CD", "header": "Premium and cost-sharing subsidies for lower income individuals" }, { "text": "2206. Administration \n(a) Application of FEHBP rules \n(1) In general \nExcept as otherwise provided in this title, the program under this title shall be administered in the same manner as FEHBP. (2) Specific provisions \nIn carrying out this title, the Commissioner pursuant to paragraph (1) shall provide for the following: (A) Approval and disapproval of plans as qualified health plans. (B) Negotiation of plan benefits (including cost-sharing) and plan premiums. (b) Establishment of Health Benefits Administration \nThere is hereby established, as an independent agency in the executive branch of Government, a Health Benefits Administration (in this title referred to as the Administration ). (c) Duties \n(1) In general \nIt shall be the duty of the Administration to administer the program under this title and, with respect to application of any provisions of FEHBP under this title, any reference in FEHBP to the Director of the Office of Management and Budget is deemed a reference to the Commissioner of Health Benefits appointed under subsection (d)(1). (2) Establishment of AHBP regions \nFor purposes of carrying out this title, the Commissioner shall divide the United States into, and establish, AHBP regions. (d) Officers \n(1) Commissioner of Health Benefits \n(A) In general \nThere shall be in the Administration a Commissioner of Health Benefits who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Compensation \nThe Commissioner shall be compensated at the rate provided for level I of the Executive Schedule. (C) Term \nThe provisions of section 702(b)(2) shall apply to the Commissioner in the same manner as they apply to the Commissioner of Social Security, except that any reference to January 19, 2001, shall be treated as a reference to the date that is January 19 of the fifth year that begins after the date of the enactment of this title. (2) Deputy commissioner \n(A) In general \nThere shall be in the Administration a Deputy Commissioner for Health Benefits, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Application of SSA provisions \nThe provisions of paragraphs (2) through (4) of section 701(c) shall apply to the Deputy Commissioner in the same manner as they apply to the Deputy Commissioner of Social Security, except that any reference to January 19, 2001, shall be treated as a reference to the date specified under paragraph (3). (3) Other officers \nThere shall be in the Administration a Chief Actuary, Chief Financial Officer, and Inspector General. The provisions of subsections (c) through (e) of section 701 shall apply with respect to such officers in the same manner as they apply with respect to comparable officers in the Social Security Administration. (4) Personnel; budgetary matters; seal of office \nThe provisions of subsections (a)(1), (a)(2), (b), and (d) of section 704 shall apply to the Commissioner and Administration in the same manner as they apply to the Commissioner of Social Security and the Social Security Administration, respectively. (e) Authority and rulemaking \nThe provisions of paragraphs (4) through (7) of section 701(b) and section 704 shall apply to the Administration and Commissioner in the same manner as they apply to the Social Security Administration and the Commissioner of Social Security. (f) Use of regional and field offices \nThe Commissioner shall establish such regional and field offices as may be appropriate for the convenient and efficient administration of this title. (g) Coverage of administration costs \nThe Commissioner shall provide for the collection of administrative costs of offering coverage under this title from entities offering qualified health plans in the same manner as FEHBP provides for coverage of its administrative costs. (h) Contingency reserves \n(1) AHBP contingency reserve \nThe Commissioner is authorized to establish and maintain a contingency reserve for purposes of carrying out this title and is authorized to impose a premium surcharge of up to 3 percent in order to provide financing for such reserve. (2) Plan reserves \nA qualified health plan may establish contingency reserves, that are in addition to the reserve described in paragraph (1), in a manner similar to that permitted under FEHBP.", "id": "HE898D4CA8D1542C7A81B447996F98194", "header": "Administration" }, { "text": "2207. Definitions \nFor purposes of this title: (1) The term Administration means the Health Benefits Administration established under section 2206(a). (2) The term AHBP-eligible individual means an individual described in section 2202(a). (3) The term AHBP region means a region as specified by the Commissioner under section 2206(c)(2). (4) The term Commissioner means the Commissioner of Health Benefits appointed under section 2206(c). (5) The term FEHBP means the program under chapter 89 of title 5, United States Code, as in effect before the date of the enactment of this title. (6) The term qualified health plan means such a plan offered under this title.", "id": "H9B5834AC750543B0A895007456C2A428", "header": "Definitions" }, { "text": "3. Collection of premiums, subsidies, and employer funding \n(a) Premium collection \n(1) In general \nSubchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: VIII American Health Benefits Program premiums \nSec. 59B. American Health Benefits Program premiums 59B. American Health Benefits Program premiums \n(a) In general \nIn the case of a specified individual who is enrolled in a qualified health plan under title XXII of the Social Security Act (including by reason of a default enrollment under section 2202(c)(2)), there is hereby imposed (in addition to any other amount imposed by this subtitle) for the taxable year an amount equal to the aggregate premiums established under such title with respect to the coverage under such title which covers such individual for months beginning in such taxable year. The amount imposed under this subsection shall be reduced by the amount of any government contribution under section 2204(a) of such Act which relates to such coverage. (b) Specified individual \nFor purposes of this section, the term specified individual means, with respect to coverage under title XXII of the Social Security Act for any month beginning in a taxable year— (1) in the case of self-only coverage, the individual covered under such coverage, and (2) in the case of family coverage, each individual covered under such coverage unless such individual is covered under such coverage by reason of being a member of the family (other than a spouse). (c) Joint and several liability \nIn the case of an individual and such individual’s spouse covered under family coverage— (1) each such individual shall be jointly and severally liable for the amount imposed under subsection (a), and (2) the aggregate amount imposed under subsection (a) with respect to such coverage may not exceed the amount imposed with respect to either such individual. (d) Coordination with other provisions \n(1) Not treated as medical expense \nFor purposes of section 213, the amount imposed by this section for any taxable year shall not be treated as an expense paid for medical care. (2) Not treated as tax for certain purposes \nThe amount imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining— (A) the amount of any credit allowable under this chapter, or (B) the amount of the minimum tax imposed by section 55. (3) Treatment under subtitle f \nFor purposes of subtitle F, the amount imposed by this section shall be treated as if it were a tax imposed by section 1. (4) Section 15 not to apply \nSection 15 shall not apply to the amount imposed by this section. (5) Section not to affect liability of possessions, etc \nThis section shall not apply for purposes of determining liability to any possession of the United States. For purposes of section 932 and 7654, the amount imposed under this section shall not be treated as a tax imposed by this chapter. (e) Regulations \nThe Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this section.. (2) Adjustments to withholding \nSubsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by adding at the end the following new paragraph: (3) Special rule for amounts imposed by section 59b \n(A) In general \nIn determining the amount required to be deducted and withheld from wages paid to an individual during any month by such individual’s employer, the amount imposed by section 59B shall be taken into account. (B) Wages not reduced by exemptions \nIn determining the amount to be deducted and withheld by reason of subparagraph (A), the amount of wages shall not be reduced as provided in paragraph (2).. (3) Clerical amendment \nThe table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Part VIII. American Health Benefits Program premiums.. (b) Credit for subsidy and prepayments of American Health Benefits premiums \n(1) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Subsidy and prepayment of American Health Benefits premiums \n(a) In General \nIn the case of a specified individual (as defined in section 59B(b)), there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the aggregate amount of premiums paid (other than any government contribution under section 2204(a) of the Social Security Act) with respect to the coverage of such individual under title XXII of the Social Security Act, and (2) in the case of any premium subsidy-eligible individual, the applicable premium subsidy. (b) Applicable premium subsidy \n(1) In general \nFor purposes of this section, the term applicable premium subsidy means, with respect to any premium subsidy-eligible individual, the weighted average premium in effect for the calendar year in which the taxable year begins (for the type of coverage involved) for plans in the AHBP region involved, as determined by the Commissioner of Health Benefits. (2) Reduction based on family income \nThe amount otherwise determined under paragraph (1) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so determined as— (A) the amount (if any) by which the taxpayer's family income for the taxable year exceeds the lowest income threshold, bears to (B) the lowest income threshold. (c) Premium subsidy-eligible individual \nFor purposes of this section, the term premium subsidy-eligible individual means an individual— (1) who is enrolled, and required to be enrolled, in a qualified health plan under title XXII of the Social Security Act, (2) whose family income does not exceed twice the lowest income threshold, and (3) who does not have in effect (and, in the case of family coverage, each other individual covered under such coverage does not have in effect), in a form and manner specified by the Secretary of the Treasury in consultation with the Commissioner of Health Benefits, for any portion of the taxable year of such individual an objection to the release of information under section 6103(k)(10)). (d) Lowest income threshold \nFor purposes of this section, the term lowest income threshold means, with respect to coverage consisting of— (1) only an individual, 125 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) for a single individual for the calendar year which includes the close of the taxable year, or (2) a family of two or more individuals, 150 percent of the poverty line (as so defined) for a family of the size involved for the calendar year which includes the close of the taxable year. (e) Family income \nFor purposes of this section— (1) In general \nThe term family income means, with respect to a specified individual (as defined in section 59B(b)) covered under coverage consisting of— (A) only such individual, the modified adjusted gross income of such individual, or (B) two or more individuals, the sum of the modified adjusted gross income of the specified individual and the modified adjusted gross income of each other individual covered under the plan for the taxable year that ends in or with the taxable year of the specified individual. (2) Modified adjusted gross income \nThe term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 135, 911, 931, and 933, and (B) increased by the amount of interest received or accrued during the taxable year which is exempt from tax under this title. (f) Regulations \nThe Secretary may prescribe such regulations as are necessary or appropriate to carry out this section, including regulations which provide for not taking into account individuals with de minimis income for purposes of determining family income for purposes of this section.. (2) Conforming amendments \n(A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting or 36 after section 35. (B) The table of section for subpart C 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 36 and inserting the following new items: Sec. 36. Subsidy and prepayment of American Health Benefits premiums Sec. 37. Overpayments of tax. (c) Employer funding \n(1) In general \nSubtitle C of the Internal Revenue Code of 1986 (relating to employment taxes) is amended by redesignating chapter 25 as chapter 26 and by inserting after chapter 24 the following new chapter: 25 American Health Benefits Program \nSec. 3451. Tax on employers Sec. 3452. Instrumentalities of the United States 3451. Tax on employers \n(a) Imposition of tax \nIn addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 6 percent of the wages paid by him with respect to employment. (b) No Cover Over To Possessions \nNotwithstanding any other provision of law, no amount collected under this chapter shall be covered over to any possession of the United States. (c) Other definitions \nFor purposes of this chapter, the terms wages , employer , and employment have the same respective meanings as when used in chapter 21: except that, for purposes of this chapter, section 3121(a)(1) shall not apply. 3452. Instrumentalities of the United States \nNotwithstanding any other provision of law (whether enacted before or after the enactment of this section) which grants to any instrumentality of the United States an exemption from taxation, such instrumentality shall not be exempt from the tax imposed by section 3451 unless such other provision of law grants a specific exemption, by reference to section 3451, from the tax imposed by such section.. (2) Self-employment \nSection 1401 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) American Health Benefits Program \nIn addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 6 percent of the amount of the self-employment income for such taxable year.. (3) Clerical amendment \nThe table of chapters for subtitle C of such Code is amended by striking the item relating to chapter 25 and inserting the following: Chapter 25. American Health Benefits Program Chapter 26. General provisions relating to employment taxes (d) Disclosure of taxpayer return information to carry out cost-sharing subsidies \n(1) In general \nSection 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (21) Disclosure of return information to carry out American Health Benefits Program \n(A) In general \nThe Secretary shall, upon written request from the Commissioner of Health Benefits, disclose to officers, employees, and contractors of the Health Benefits Administration return information of a taxpayer who is, according to the records of the Secretary, a cost-sharing subsidy-eligible individual (as defined in section 2205(b)(7)(A) of the Social Security Act ) or a family member of such an individual. Such return information shall be limited to— (i) taxpayer identity information with respect to such taxpayer, (ii) the filing status of such taxpayer, (iii) the adjusted gross income of such taxpayer, (iv) the amounts excluded from such taxpayer’s gross income under sections 135 and 911 to the extent such information is available, (v) the interest received or accrued during the taxable year which is exempt from the tax imposed by chapter 1 to the extent such information is available, (vi) the amounts excluded from such taxpayer’s gross income by sections 931 and 933 to the extent such information is available, and (vii) the taxable year with respect to which the preceding information relates. (B) Restriction on use of disclosed information \nReturn information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Health Benefits Administration only for the purposes of, and to the extent necessary in, establishing the appropriate amount of any cost-sharing subsidies under section 2205 of the Social Security Act.. (2) Conforming amendments \n(A) Paragraph (3) of section 6103(a) of such Code is amended by striking or (20) and inserting (20), or (21). (B) Paragraph (4) of section 6103(p) of such Code is amended by striking (l)(16), (17), (19), or (20) each place it appears and inserting (l)(16), (17), (19), (20), or (21). (C) Paragraph (2) of section 7213(a) of such Code is amended by striking or (20) and inserting (20), or (21). (e) Disclosure of taxpayer return information to carry out premium subsidies \nSection 6103(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (10) Disclosure of information to administer premium subsidy under section 36 \nTo the extent that Secretary determines that disclosure is necessary to permit the effective administration of section 36, the Secretary may disclose the modified adjusted gross income (as defined in section 36) of any individual whose modified adjusted gross income is taken into account in determining the amount of any credit under such section.. (f) Effective Date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2007. (2) Subsections (a) and (b) \nThe amendments made by subsections (a) and (b) shall apply to months beginning after December 31, 2006, in taxable years ending after such date.", "id": "H3B134974EFED4B15B9FAD9EECF631256", "header": "Collection of premiums, subsidies, and employer funding" }, { "text": "59B. American Health Benefits Program premiums \n(a) In general \nIn the case of a specified individual who is enrolled in a qualified health plan under title XXII of the Social Security Act (including by reason of a default enrollment under section 2202(c)(2)), there is hereby imposed (in addition to any other amount imposed by this subtitle) for the taxable year an amount equal to the aggregate premiums established under such title with respect to the coverage under such title which covers such individual for months beginning in such taxable year. The amount imposed under this subsection shall be reduced by the amount of any government contribution under section 2204(a) of such Act which relates to such coverage. (b) Specified individual \nFor purposes of this section, the term specified individual means, with respect to coverage under title XXII of the Social Security Act for any month beginning in a taxable year— (1) in the case of self-only coverage, the individual covered under such coverage, and (2) in the case of family coverage, each individual covered under such coverage unless such individual is covered under such coverage by reason of being a member of the family (other than a spouse). (c) Joint and several liability \nIn the case of an individual and such individual’s spouse covered under family coverage— (1) each such individual shall be jointly and severally liable for the amount imposed under subsection (a), and (2) the aggregate amount imposed under subsection (a) with respect to such coverage may not exceed the amount imposed with respect to either such individual. (d) Coordination with other provisions \n(1) Not treated as medical expense \nFor purposes of section 213, the amount imposed by this section for any taxable year shall not be treated as an expense paid for medical care. (2) Not treated as tax for certain purposes \nThe amount imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining— (A) the amount of any credit allowable under this chapter, or (B) the amount of the minimum tax imposed by section 55. (3) Treatment under subtitle f \nFor purposes of subtitle F, the amount imposed by this section shall be treated as if it were a tax imposed by section 1. (4) Section 15 not to apply \nSection 15 shall not apply to the amount imposed by this section. (5) Section not to affect liability of possessions, etc \nThis section shall not apply for purposes of determining liability to any possession of the United States. For purposes of section 932 and 7654, the amount imposed under this section shall not be treated as a tax imposed by this chapter. (e) Regulations \nThe Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this section.", "id": "H344CCEBABBE840799DF3DFC39E1602E8", "header": "American Health Benefits Program premiums" }, { "text": "36. Subsidy and prepayment of American Health Benefits premiums \n(a) In General \nIn the case of a specified individual (as defined in section 59B(b)), there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the aggregate amount of premiums paid (other than any government contribution under section 2204(a) of the Social Security Act) with respect to the coverage of such individual under title XXII of the Social Security Act, and (2) in the case of any premium subsidy-eligible individual, the applicable premium subsidy. (b) Applicable premium subsidy \n(1) In general \nFor purposes of this section, the term applicable premium subsidy means, with respect to any premium subsidy-eligible individual, the weighted average premium in effect for the calendar year in which the taxable year begins (for the type of coverage involved) for plans in the AHBP region involved, as determined by the Commissioner of Health Benefits. (2) Reduction based on family income \nThe amount otherwise determined under paragraph (1) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so determined as— (A) the amount (if any) by which the taxpayer's family income for the taxable year exceeds the lowest income threshold, bears to (B) the lowest income threshold. (c) Premium subsidy-eligible individual \nFor purposes of this section, the term premium subsidy-eligible individual means an individual— (1) who is enrolled, and required to be enrolled, in a qualified health plan under title XXII of the Social Security Act, (2) whose family income does not exceed twice the lowest income threshold, and (3) who does not have in effect (and, in the case of family coverage, each other individual covered under such coverage does not have in effect), in a form and manner specified by the Secretary of the Treasury in consultation with the Commissioner of Health Benefits, for any portion of the taxable year of such individual an objection to the release of information under section 6103(k)(10)). (d) Lowest income threshold \nFor purposes of this section, the term lowest income threshold means, with respect to coverage consisting of— (1) only an individual, 125 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) for a single individual for the calendar year which includes the close of the taxable year, or (2) a family of two or more individuals, 150 percent of the poverty line (as so defined) for a family of the size involved for the calendar year which includes the close of the taxable year. (e) Family income \nFor purposes of this section— (1) In general \nThe term family income means, with respect to a specified individual (as defined in section 59B(b)) covered under coverage consisting of— (A) only such individual, the modified adjusted gross income of such individual, or (B) two or more individuals, the sum of the modified adjusted gross income of the specified individual and the modified adjusted gross income of each other individual covered under the plan for the taxable year that ends in or with the taxable year of the specified individual. (2) Modified adjusted gross income \nThe term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 135, 911, 931, and 933, and (B) increased by the amount of interest received or accrued during the taxable year which is exempt from tax under this title. (f) Regulations \nThe Secretary may prescribe such regulations as are necessary or appropriate to carry out this section, including regulations which provide for not taking into account individuals with de minimis income for purposes of determining family income for purposes of this section.", "id": "HACD654CCB5BF4048BAECE923A01C07F7", "header": "Subsidy and prepayment of American Health Benefits premiums" }, { "text": "3451. Tax on employers \n(a) Imposition of tax \nIn addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 6 percent of the wages paid by him with respect to employment. (b) No Cover Over To Possessions \nNotwithstanding any other provision of law, no amount collected under this chapter shall be covered over to any possession of the United States. (c) Other definitions \nFor purposes of this chapter, the terms wages , employer , and employment have the same respective meanings as when used in chapter 21: except that, for purposes of this chapter, section 3121(a)(1) shall not apply.", "id": "H30952AF5F9954BA7A928798D37BCC54", "header": "Tax on employers" }, { "text": "3452. Instrumentalities of the United States \nNotwithstanding any other provision of law (whether enacted before or after the enactment of this section) which grants to any instrumentality of the United States an exemption from taxation, such instrumentality shall not be exempt from the tax imposed by section 3451 unless such other provision of law grants a specific exemption, by reference to section 3451, from the tax imposed by such section.", "id": "HE4D8EAD21098447CB3EB740008008EEB", "header": "Instrumentalities of the United States" }, { "text": "4. Amendments to the medicaid and SCHIP program \n(a) Increase in FMAP under medicaid for AHBP-covered services \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (b), by inserting subsection (x) and after Subject to ; and (2) by adding at the end the following new subsection:: (x) (1) Subject to the succeeding provisions of this subsection, the Federal medical assistance percentage under this title for calendar quarters in a fiscal year (beginning with the calendar quarter that begins on the effective date of the American Health Benefits Program under title XXII) shall be increased by a number of percentage points (rounded to the nearest 1/100th of a percentage point) equal to 40 percent of the number of percentage points by which 100 percent exceeds the Federal medical assistance percentage otherwise determined for the State without regard to this subsection. (2) Paragraph (1) shall only apply with respect to medical assistance for AHBP-eligible individuals (as defined in section 2207(2)) and only for items and services for which benefits are generally provided under qualified health plans under title XXII, as determined by the Secretary in consultation with the Commission of Health Benefits. (3) The Secretary shall provide for such special rules concerning the application of this subsection to the territories as the Secretary finds appropriate and equitable.. (b) Sunset of SCHIP funding \nSection 2105 of such Act ( 42 U.S.C. 1397ee ) is amended by adding at the end the following new subsection: (h) Sunset of program upon initiation of American Health Benefits Program \nNo payment shall be made under this title to a State for items and services furnished after the effective date of the American Health Benefits Program under title XXII..", "id": "H8CA46A30CA4C40018C84AC45D74FD67F", "header": "Amendments to the medicaid and SCHIP program" }, { "text": "5. Studies \n(a) Studies \nThe Comptroller General of the United States shall provide for the following studies: (1) Integration with other public health insurance coverage \nA study of the cost effectiveness and quality of care under the American Health Benefits Program under title XXII of the Social Security Act compared to the public health insurance programs described in section 2202(b)(2) of such Act and the feasibility and desirability of integrating such programs with the Program under such title. Such study shall be conducted in consultation with the Federal officials overseeing such programs. (2) Growth of prescription drug costs \nA study of the rate of growth of prescription drug costs under such Program compared to such rate of growth under such public health insurance programs. (b) Reports \nNot later than January 1, 2009, the Comptroller General shall submit to Congress a report on the studies conducted under subsection (a).", "id": "H541E7D9AF36445D700003CCF94AD705F", "header": "Studies" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) Internationally accepted principles of human rights condemn the use of food as a political weapon. (2) In the years 1932–1933, Ukraine was ravaged and its people brought to the verge of physical extinction by a famine caused not by natural causes such as pestilence, drought, floods, or poor harvest, but as a consequence of a premeditated policy on the part of the Soviet Government led by Joseph Stalin to crush the nationally conscious Ukrainian people and destroy their national, political, cultural, and religious rights. (3) Attempts at intercessions were made by the United States Government during the height of the famine, in the fall/winter of 1932–1933, indicating that it has always been the traditional policy of the United States to recognize events such as the famine-genocide in Ukraine. (4) The United States Commission on the Ukraine Famine found in its report filed in 1988 pursuant to Public Law 98–473 that the Ukrainian famine was a deliberate policy of the Soviet Government. (5) The Ukrainian famine is considered an unprecedented heinous crime of genocide as defined by the United Nations Genocide Convention. (6) Ukrainian communities worldwide plan to commemorate the 75th anniversary of the Ukrainian famine-genocide with appropriate observances to pay tribute to the victims of this tragedy.", "id": "H12A6BC90038A45E1B7A99408E21E8271", "header": "Findings" }, { "text": "2. Authority to establish memorial \n(a) In general \nThe Government of Ukraine is authorized to establish a memorial on Federal land in the District of Columbia to honor the victims of the Ukrainian famine-genocide of 1932–1933. (b) Compliance with standards for commemorative works \nThe establishment of the memorial shall be in accordance with the Commemorative Works Act ( 40 U.S.C. 1001 et seq. ), except that sections 2(c), 6(b), 8(b), and 10(c) of that Act shall not apply with respect to the memorial.", "id": "H4860868AFEEA431EBB8E724F4B75A5ED", "header": "Authority to establish memorial" }, { "text": "3. Limitation on payment of expenses \nThe United States Government shall not pay any expense for the establishment of the memorial or its maintenance.", "id": "HF6AD56E0A2004CCCAC43DFE74D225B68", "header": "Limitation on payment of expenses" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Parental Responsibility Obligations Met through Immigration System Enforcement Act or PROMISE Act.", "id": "HF2D8B6E11F5D480A947E06B7897C023C", "header": "Short title" }, { "text": "2. Aliens ineligible to receive visas and excluded from admission for nonpayment of child support \nSection 212(a)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10) ) is amended by adding at the end the following: (F) Nonpayment of child support \n(i) In general \nExcept as provided in clause (ii), an alien who is legally obligated under a judgment, decree, or order to pay child support and whose failure to pay such child support has resulted in an arrearage is inadmissible. (ii) Exception \nAn alien described in clause (i) may be admissible when child support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement..", "id": "H21CDAF98ED2B466997FAB1290C6FC17", "header": "Aliens ineligible to receive visas and excluded from admission for nonpayment of child support" }, { "text": "3. Effect of nonpayment of child support on establishment of good moral character \nSection 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— (1) in paragraph (8), by striking the period at the end and inserting ; or ; and (2) by inserting after paragraph (8) the following: (9) one who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 212(a)(10)), and whose failure to pay such child support has resulted in any arrearage, unless support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement..", "id": "H60CD2AC4EC994FFEA0935D3EFEFEB423", "header": "Effect of nonpayment of child support on establishment of good moral character" }, { "text": "4. Authorization to serve legal process in child support cases on certain arriving aliens \nSection 235(d) of the Immigration and Nationality Act ( 8 U.S.C. 1225(d) ) is amended by adding at the end the following: (5) Authority to serve process in child support cases \n(A) In general \nTo the extent consistent with State law, immigration officers are authorized to serve on any alien who is an applicant for admission to the United States, legal process with respect to any action to enforce a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act ). (B) Definition \nFor purposes of subparagraph (A), the term legal process means any writ, order, summons, or other similar process that is issued by— (i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or (ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law..", "id": "HE958C2E226B9447697272D80A01CA7F8", "header": "Authorization to serve legal process in child support cases on certain arriving aliens" }, { "text": "5. Authorization to obtain information on child support payments by aliens \nSection 453(h) of the Social Security Act ( 42 U.S.C. 653(h) ) is amended by adding at the end the following: (4) Provision to attorney general and Secretary of State of information on persons delinquent in child support payments \nOn request by the Attorney General, Secretary of Homeland Security, or the Secretary of State, the Secretary of Health and Human Services shall provide the requestor with such information as the Secretary of Health and Human Services determines may aid them in determining whether an alien is delinquent in the payment of child support..", "id": "H3195E2C598C944EFA937BBE3DD04FFBF", "header": "Authorization to obtain information on child support payments by aliens" }, { "text": "6. Effective date \nThis Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of enactment of this Act and shall apply to aliens who apply for benefits under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) on or after such effective date.", "id": "H99BDADCFE30344BCB3332E3635EE0331", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Education for All Act of 2004.", "id": "H21A4CCC29B9E426E9582FCCCB7F792BC", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Throughout the world, an alarming number of children are not receiving primary education. At least 104,000,000 children ages 6 through 11 are not in school, and 57 percent of such children are girls. Another 150,000,000 children are at risk of dropping out before completing primary school, and at least 66 percent of such children are girls. At least 86 countries are unlikely to achieve the goal of 100 percent of children completing primary school by 2015. (2) The final report of the National Commission on Terrorist Attacks Upon the United States (hereafter in this section referred to as the Report ) concluded that education that teaches tolerance, the dignity and value of each individual, and respect for different beliefs must be a key element in any global strategy to eliminate terrorism. (3) Extending the vision of educational opportunity described in the Report to all developing countries is critical to achieve the United Nations Millennium Development Goals and prevent the rise of violent extremism worldwide. (4) The Report concluded that the United States Government must offer an example of moral leadership in the world and offer parents and their children a vision of the future that emphasizes individual educational and economic opportunity. (5) At the World Education Forum held in Dakar, Senegal in 2000, the United States joined more than 180 other nations in committing to the goal of universal basic education by 2015. Universal completion of primary school and eliminating gender disparity in all levels of education not later than 2015 are part of the United Nations Millennium Development Goals. (6) According to the 2002 United Nations Development Programme Arab Human Development Report, 10,000,000 children between the ages of 6 through 15 in the Arab world do not attend school, and 2/3 of the 65,000,000 illiterate adults in the Arab world are women. At all educational stages, the most important challenge facing education in the Arab world is the declining quality of such education. (7) The Report noted that the United Nations has rightly equated literacy as freedom and that the international community is moving toward setting a goal of reducing by half the illiteracy rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and supporting programs for adult literacy. (8) Basic education has been demonstrated to be fundamental to development. No country has reached sustained economic growth without achieving near universal primary education. Education reduces poverty and inequality, and lays the foundation for sound governance, civic participation, and strong institutions. (9) Investing in girls’ education delivers substantial returns not only in educational attainment but also in increasing women’s incomes, delaying the start of sexual activity, reducing infant mortality, increasing women’s political participation, and spurring economic growth. (10) The Report concluded that ensuring educational opportunity is essential to the efforts of the United States to defeat global terrorism and recommended that the United States Government should offer to join with other nations in generously supporting [spending funds] … directly on building and operating primary and secondary schools in those Muslim states that commit to sensibly investing financial resources in public education.. (11) Credible estimates indicate that at least an additional $7,000,000,000 to $10,000,000,000 per year of external development assistance is necessary for developing countries to achieve universal basic education by 2015.", "id": "HAB366CF0F01747E397611721485ECCDD", "header": "Findings" }, { "text": "3. Assistance to achieve universal basic Education \nThe Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 105 the following new section: 105A. Universal basic Education \n(a) Purpose \nIt is the purpose of this section to ensure that the United States provides the resources and leadership to ensure a successful international effort to provide all children with a quality basic education in order to achieve the goal of universal basic education by 2015 agreed to at the World Education Forum held in Dakar, Senegal in 2000. (b) Policy \nIt is the policy of the United States to work with foreign countries and international organizations to increase the global commitment to achieving universal basic education to— (1) assist developing countries committed to serious reforms to provide all children with a quality elementary education and secondary education; and (2) provide incentives to encourage reform of the education system and improve educational services in countries that lack such commitment. (c) Principles \nIn developing the global commitment referred to in subsection (b), the policy of the United States shall be guided by the following principles: (1) United States resources \nTo lead a global commitment to achieving universal basic education, the United States shall commit substantial new resources for education in developing countries to inspire confidence in such countries that efforts to reform education in such countries will receive adequate resources. (2) Other major donors \nThe United States Government shall encourage other donors to contribute commensurate amounts to support such a global commitment. (3) Private sector and nongovernmental participation and contributions \nUnited States efforts in leading such a global commitment shall include explicit strategies to encourage and integrate contributions of strategic direction and financial resources from indigenous and international private sector and civil society organizations interested in supporting quality universal basic education efforts. (4) School access, quality, and completion \nUnited States assistance for basic education in developing countries shall seek to expand access to school for all children and to improve the quality of education in order to increase the number of children completing a basic education. (5) Coordination within the United States Government \nA comprehensive strategy shall improve coordination and collaboration among all departments and agencies of the United States Government involved in education assistance to ensure efficient and effective use of the resources of the United States. (6) Coordination between Education and AIDS prevention efforts \nUnited States assistance shall support efforts to improve coordination between global health and education initiatives in United States Government programs and internationally to reduce the adverse impact of HIV/AIDS on education systems, teaching forces, and vulnerable children in developing countries. (7) Integration of Education plans within overall national economic strategies \nUnited States policies and programs shall encourage poor countries to ensure that efforts are developed within an overall strategy of economic and market reforms to reduce poverty and spur sustained economic growth. (8) High standards of accountability and transparency in budgeting \nThe United States shall develop procedures to monitor the expenditure of funds allocated for the purposes described in this section, and shall only provide funds to the government of a foreign country only if such government has developed high standards of budget transparency, independent monitoring, and accountability. (d) Definitions \nIn this section: (1) AIDS \nThe term AIDS has the meaning given that term in section 104A(g). (2) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (3) Basic Education \nThe term basic education means an education, generally consisting of completion of 9–10 years of schooling, including early childhood development, primary education, some secondary education, teacher training, literacy training, and life skills training. (4) HIV/AIDS \nThe term HIV/AIDS has the meaning given that term in section 104A(g). (5) Education for all Fast Track Initiative \nThe term Education for All Fast Track Initiative means the Fast Track Initiative launched in 2002 to mobilize donor resources to support Education for All, an international commitment launched in 1990 to bring the benefits of education to every individual. (6) Member States of the Group of Eight \nThe term member states of the Group of Eight means the countries of Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, and the United States. (e) Development and implementation of a comprehensive United States strategy on Education for all \n(1) Education for all Task Force \nThe President shall establish an Education for All Task Force as described in this subsection. (2) Purposes \nThe purposes of the Task Force are— (A) to carry out the policy set out in subsection (b); and (B) to develop a unified strategy of the United States to promote universal basic education. (3) Membership \nThe Task Force shall include the following members: (A) The Administrator of the United States Agency for International Development. (B) The Secretary of the Treasury. (C) The Secretary of Labor. (D) The Secretary of Education. (E) The Secretary of Health and Human Services. (F) The Secretary of Agriculture. (G) The Secretary of State. (H) The Chief Executive Officer of the Millennium Challenge Corporation. (I) The Coordinator of United States Government Activities to Combat HIV/AIDS Globally. (J) The National Security Advisor. (K) The National Economic Advisor. (4) Co-chairs and headquarters \nThe Task Force shall be co-chaired by the National Security Advisor and the National Economic Advisor, and the headquarters of the Task Force shall be located at both the National Security Council and the National Economic Council. (f) Unified strategy \n(1) Content \nThe unified strategy developed by the Task Force should include a detailed description of the United States plan to promote universal basic education, including a description of the following elements: (A) The manner in which the resources of the United States shall be used to achieve universal basic education, including— (i) the efforts of the United States to coordinate an international effort to achieve universal basic education by 2015; (ii) the activities of the United States to leverage contributions from member states of the Group of Eight and other donors to provide universal basic education by 2015; and (iii) the assistance provided by the United States to leverage contributions from the private sector and civil society organizations to achieve universal basic education. (B) The efforts of the United States to coordinate with other donors to reduce duplication and waste at the global and country levels and ensure efficient coordination among all relevant departments and agencies of the United States Government. (C) The strategy of the United States to support efforts to overcome challenges to achieving universal basic education, including strategies to target hard-to-reach populations to promote education as a fundamental means to preventing the spread of HIV/AIDS, and to support efforts to reduce the adverse impact of HIV/AIDS on education systems. (2) Requirement to consult \nThe Task Force shall consult with nongovernmental organizations and individuals involved in the promotion and implementation of education assistance programs in developing countries to give such organizations and individuals an opportunity to contribute to, and comment on, the unified strategy to promote universal basic education developed by the Task Force. (3) Schedule for completion of strategy \nNot later than 180 days after the date of enactment of the Education for All Act of 2004 , the Task Force shall submit the unified strategy to the President and to appropriate congressional committees. (g) National Education plans \n(1) Authority \nThe President is authorized to provide funds and other assistance to an eligible entity to assist a foreign country to create the policies, processes, or infrastructure to develop and implement a comprehensive national education plan as described in this subsection to allow all citizens of such country to access and complete basic education. (2) Eligible entity \nIn this subsection, the term eligible entity means— (A) the government of a foreign country; or (B) a person that the President determines is appropriate to receive assistance under this subsection. (3) Criteria for national Education plans \nAssistance may be provided under this subsection to an eligible entity to assist a foreign country that is developing a comprehensive, national education plan, or to encourage a foreign country to develop a comprehensive national education plan. Such a national education plan shall— (A) include explicit, credible strategies to achieve universal basic education; (B) be developed in accordance with the provisions of— (i) this section; (ii) the Education for All Fast Track Initiative; (iii) the Poverty Reduction Strategy Paper process administered by the World Bank and the International Monetary Fund; and (iv) the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ); (C) be developed and implemented in consultation with indigenous, nongovernmental organizations and civil society organizations; (D) demonstrate a clear commitment of political and financial resources to education by the foreign country to ensure that assistance made available under this subsection supplements, not supplants, the investment in education made by such country; (E) establish clear processes for the monitoring and tracking of funds committed to education, and clear standards for assessing progress toward achieving universal basic education; and (F) include special strategies to— (i) target hard-to-reach populations, especially girls, out-of-school youth, children with disabilities, orphans, refugees, populations in emergency situations, and children impacted by AIDS; (ii) improve coordination between education and other sectors, particularly the health sector, in order to address the role of education in preventing HIV/AIDS and other diseases and to specify efforts to minimize the adverse impact of the disease on school systems and children’s access to schooling; and (iii) ensure that schools provide quality education and are not incubators for violent extremism. (4) Activities supported \nAssistance provided under this subsection may be used to support efforts to expand access and to improve the quality of basic education, including— (A) in a foreign country that has demonstrated a capacity to develop a national education plan, efforts to— (i) ensure an adequate supply of trained teachers, effective curriculum, and adequate infrastructure; (ii) build systems to provide continuing support, training, and professional development for all educators; (iii) eliminate fees for educational services, including fees for tuition, uniforms, and materials, and to provide access to education without additional costs to families; (iv) build systems to ensure continuing information collection, monitoring, and evaluation of education services and financing; and (v) ensure that schools are not incubators for violent extremism; and (B) in a foreign country that has not demonstrated a capacity to develop a national education plan, efforts to— (i) assist such country in developing such a capacity; (ii) assist civil society organizations, international organizations, and local governments that have demonstrated a commitment to education reform in implementing programs to provide basic education on a community level, with an emphasis on such programs that could be expanded if such country demonstrates a national commitment to basic education; and (iii) assist civil society organizations and international organizations to provide education in situations of humanitarian emergency or armed conflict. (4) Suspension of assistance \nThe President may suspend the provision of all or part of the assistance provided under this subsection for a foreign country if there is substantial evidence that a government of such country— (A) (i) is not tracking and monitoring the use of foreign and domestic assistance to develop or implement a comprehensive, national education plan and making such tracking and monitoring information available to the public; or (ii) using such assistance for unauthorized purposes; and (B) fails to come forward with an immediate plan to address a deficiency described in clause (i) or (ii) of subparagraph (A). (h) Universal basic Education fellowship program \n(1) Authority \nThe Administrator of the United States Agency for International Development is authorized to establish an education fellowship program at the United States Agency for International Development to increase the expertise of the personnel of the Agency in promoting universal basic education and to carry out the provisions of this section. (2) Term of fellowship \nAn individual may participate in a fellowship under this subsection for a term of not more than 3 years. (3) Qualifications \nAn individual is qualified to participate in a fellowship under this subsection if such individual has the specific expertise required— (A) to develop and implement the policies and programs of this section; and (B) to promote the exchange of knowledge and experience among the Agency, the education service delivery community, private business, and the academic and research communities. (i) Relationship to other laws \nThe President shall exercise the authority provided in this section in accordance with other applicable law. (j) Authorization of appropriations \n(1) Authorization of appropriations \nThere are authorized to be appropriated to the President to carry out the provisions of this section amounts as follows: (A) $500,000,000 for fiscal year 2005. (B) $1,000,000,000 for fiscal year 2006. (C) $1,500,000,000 for fiscal year 2007. (D) $2,000,000,000 for fiscal year 2008. (E) $2,500,000,000 for fiscal year 2009. (2) Availability of funds \nAmounts made available under paragraph (1) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes..", "id": "H9EB2042A1FF146839F49AE8C7B2551E2", "header": "Assistance to achieve universal basic Education" }, { "text": "105A. Universal basic Education \n(a) Purpose \nIt is the purpose of this section to ensure that the United States provides the resources and leadership to ensure a successful international effort to provide all children with a quality basic education in order to achieve the goal of universal basic education by 2015 agreed to at the World Education Forum held in Dakar, Senegal in 2000. (b) Policy \nIt is the policy of the United States to work with foreign countries and international organizations to increase the global commitment to achieving universal basic education to— (1) assist developing countries committed to serious reforms to provide all children with a quality elementary education and secondary education; and (2) provide incentives to encourage reform of the education system and improve educational services in countries that lack such commitment. (c) Principles \nIn developing the global commitment referred to in subsection (b), the policy of the United States shall be guided by the following principles: (1) United States resources \nTo lead a global commitment to achieving universal basic education, the United States shall commit substantial new resources for education in developing countries to inspire confidence in such countries that efforts to reform education in such countries will receive adequate resources. (2) Other major donors \nThe United States Government shall encourage other donors to contribute commensurate amounts to support such a global commitment. (3) Private sector and nongovernmental participation and contributions \nUnited States efforts in leading such a global commitment shall include explicit strategies to encourage and integrate contributions of strategic direction and financial resources from indigenous and international private sector and civil society organizations interested in supporting quality universal basic education efforts. (4) School access, quality, and completion \nUnited States assistance for basic education in developing countries shall seek to expand access to school for all children and to improve the quality of education in order to increase the number of children completing a basic education. (5) Coordination within the United States Government \nA comprehensive strategy shall improve coordination and collaboration among all departments and agencies of the United States Government involved in education assistance to ensure efficient and effective use of the resources of the United States. (6) Coordination between Education and AIDS prevention efforts \nUnited States assistance shall support efforts to improve coordination between global health and education initiatives in United States Government programs and internationally to reduce the adverse impact of HIV/AIDS on education systems, teaching forces, and vulnerable children in developing countries. (7) Integration of Education plans within overall national economic strategies \nUnited States policies and programs shall encourage poor countries to ensure that efforts are developed within an overall strategy of economic and market reforms to reduce poverty and spur sustained economic growth. (8) High standards of accountability and transparency in budgeting \nThe United States shall develop procedures to monitor the expenditure of funds allocated for the purposes described in this section, and shall only provide funds to the government of a foreign country only if such government has developed high standards of budget transparency, independent monitoring, and accountability. (d) Definitions \nIn this section: (1) AIDS \nThe term AIDS has the meaning given that term in section 104A(g). (2) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (3) Basic Education \nThe term basic education means an education, generally consisting of completion of 9–10 years of schooling, including early childhood development, primary education, some secondary education, teacher training, literacy training, and life skills training. (4) HIV/AIDS \nThe term HIV/AIDS has the meaning given that term in section 104A(g). (5) Education for all Fast Track Initiative \nThe term Education for All Fast Track Initiative means the Fast Track Initiative launched in 2002 to mobilize donor resources to support Education for All, an international commitment launched in 1990 to bring the benefits of education to every individual. (6) Member States of the Group of Eight \nThe term member states of the Group of Eight means the countries of Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, and the United States. (e) Development and implementation of a comprehensive United States strategy on Education for all \n(1) Education for all Task Force \nThe President shall establish an Education for All Task Force as described in this subsection. (2) Purposes \nThe purposes of the Task Force are— (A) to carry out the policy set out in subsection (b); and (B) to develop a unified strategy of the United States to promote universal basic education. (3) Membership \nThe Task Force shall include the following members: (A) The Administrator of the United States Agency for International Development. (B) The Secretary of the Treasury. (C) The Secretary of Labor. (D) The Secretary of Education. (E) The Secretary of Health and Human Services. (F) The Secretary of Agriculture. (G) The Secretary of State. (H) The Chief Executive Officer of the Millennium Challenge Corporation. (I) The Coordinator of United States Government Activities to Combat HIV/AIDS Globally. (J) The National Security Advisor. (K) The National Economic Advisor. (4) Co-chairs and headquarters \nThe Task Force shall be co-chaired by the National Security Advisor and the National Economic Advisor, and the headquarters of the Task Force shall be located at both the National Security Council and the National Economic Council. (f) Unified strategy \n(1) Content \nThe unified strategy developed by the Task Force should include a detailed description of the United States plan to promote universal basic education, including a description of the following elements: (A) The manner in which the resources of the United States shall be used to achieve universal basic education, including— (i) the efforts of the United States to coordinate an international effort to achieve universal basic education by 2015; (ii) the activities of the United States to leverage contributions from member states of the Group of Eight and other donors to provide universal basic education by 2015; and (iii) the assistance provided by the United States to leverage contributions from the private sector and civil society organizations to achieve universal basic education. (B) The efforts of the United States to coordinate with other donors to reduce duplication and waste at the global and country levels and ensure efficient coordination among all relevant departments and agencies of the United States Government. (C) The strategy of the United States to support efforts to overcome challenges to achieving universal basic education, including strategies to target hard-to-reach populations to promote education as a fundamental means to preventing the spread of HIV/AIDS, and to support efforts to reduce the adverse impact of HIV/AIDS on education systems. (2) Requirement to consult \nThe Task Force shall consult with nongovernmental organizations and individuals involved in the promotion and implementation of education assistance programs in developing countries to give such organizations and individuals an opportunity to contribute to, and comment on, the unified strategy to promote universal basic education developed by the Task Force. (3) Schedule for completion of strategy \nNot later than 180 days after the date of enactment of the Education for All Act of 2004 , the Task Force shall submit the unified strategy to the President and to appropriate congressional committees. (g) National Education plans \n(1) Authority \nThe President is authorized to provide funds and other assistance to an eligible entity to assist a foreign country to create the policies, processes, or infrastructure to develop and implement a comprehensive national education plan as described in this subsection to allow all citizens of such country to access and complete basic education. (2) Eligible entity \nIn this subsection, the term eligible entity means— (A) the government of a foreign country; or (B) a person that the President determines is appropriate to receive assistance under this subsection. (3) Criteria for national Education plans \nAssistance may be provided under this subsection to an eligible entity to assist a foreign country that is developing a comprehensive, national education plan, or to encourage a foreign country to develop a comprehensive national education plan. Such a national education plan shall— (A) include explicit, credible strategies to achieve universal basic education; (B) be developed in accordance with the provisions of— (i) this section; (ii) the Education for All Fast Track Initiative; (iii) the Poverty Reduction Strategy Paper process administered by the World Bank and the International Monetary Fund; and (iv) the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ); (C) be developed and implemented in consultation with indigenous, nongovernmental organizations and civil society organizations; (D) demonstrate a clear commitment of political and financial resources to education by the foreign country to ensure that assistance made available under this subsection supplements, not supplants, the investment in education made by such country; (E) establish clear processes for the monitoring and tracking of funds committed to education, and clear standards for assessing progress toward achieving universal basic education; and (F) include special strategies to— (i) target hard-to-reach populations, especially girls, out-of-school youth, children with disabilities, orphans, refugees, populations in emergency situations, and children impacted by AIDS; (ii) improve coordination between education and other sectors, particularly the health sector, in order to address the role of education in preventing HIV/AIDS and other diseases and to specify efforts to minimize the adverse impact of the disease on school systems and children’s access to schooling; and (iii) ensure that schools provide quality education and are not incubators for violent extremism. (4) Activities supported \nAssistance provided under this subsection may be used to support efforts to expand access and to improve the quality of basic education, including— (A) in a foreign country that has demonstrated a capacity to develop a national education plan, efforts to— (i) ensure an adequate supply of trained teachers, effective curriculum, and adequate infrastructure; (ii) build systems to provide continuing support, training, and professional development for all educators; (iii) eliminate fees for educational services, including fees for tuition, uniforms, and materials, and to provide access to education without additional costs to families; (iv) build systems to ensure continuing information collection, monitoring, and evaluation of education services and financing; and (v) ensure that schools are not incubators for violent extremism; and (B) in a foreign country that has not demonstrated a capacity to develop a national education plan, efforts to— (i) assist such country in developing such a capacity; (ii) assist civil society organizations, international organizations, and local governments that have demonstrated a commitment to education reform in implementing programs to provide basic education on a community level, with an emphasis on such programs that could be expanded if such country demonstrates a national commitment to basic education; and (iii) assist civil society organizations and international organizations to provide education in situations of humanitarian emergency or armed conflict. (4) Suspension of assistance \nThe President may suspend the provision of all or part of the assistance provided under this subsection for a foreign country if there is substantial evidence that a government of such country— (A) (i) is not tracking and monitoring the use of foreign and domestic assistance to develop or implement a comprehensive, national education plan and making such tracking and monitoring information available to the public; or (ii) using such assistance for unauthorized purposes; and (B) fails to come forward with an immediate plan to address a deficiency described in clause (i) or (ii) of subparagraph (A). (h) Universal basic Education fellowship program \n(1) Authority \nThe Administrator of the United States Agency for International Development is authorized to establish an education fellowship program at the United States Agency for International Development to increase the expertise of the personnel of the Agency in promoting universal basic education and to carry out the provisions of this section. (2) Term of fellowship \nAn individual may participate in a fellowship under this subsection for a term of not more than 3 years. (3) Qualifications \nAn individual is qualified to participate in a fellowship under this subsection if such individual has the specific expertise required— (A) to develop and implement the policies and programs of this section; and (B) to promote the exchange of knowledge and experience among the Agency, the education service delivery community, private business, and the academic and research communities. (i) Relationship to other laws \nThe President shall exercise the authority provided in this section in accordance with other applicable law. (j) Authorization of appropriations \n(1) Authorization of appropriations \nThere are authorized to be appropriated to the President to carry out the provisions of this section amounts as follows: (A) $500,000,000 for fiscal year 2005. (B) $1,000,000,000 for fiscal year 2006. (C) $1,500,000,000 for fiscal year 2007. (D) $2,000,000,000 for fiscal year 2008. (E) $2,500,000,000 for fiscal year 2009. (2) Availability of funds \nAmounts made available under paragraph (1) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes.", "id": "HEA604FA2A47C40439CE97BC9E71B563C", "header": "Universal basic Education" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Healthy Start Reauthorization Act of 2004.", "id": "HE9F5693B94AB4DB981AE05B9AAB1A26E", "header": "Short title" }, { "text": "2. Amendments to Healthy Start Initiative \n(a) Considerations in making grants \nSection 330H(b) of the Public Health Service Act ( 42 U.S.C. 254c–8(b) ) is amended— (1) by striking (b) Requirements and all that follows through In making grants under subsection (a) and inserting the following: (b) Considerations in making grants.— (1) Requirements \nIn making grants under subsection (a) ; and (2) by adding at the end the following paragraph: (2) Other considerations \nIn making grants under subsection (a), the Secretary shall take into consideration the following: (A) Factors that contribute to infant mortality, such as low birthweight. (B) The extent to which applicants for such grants facilitate— (i) a community-based approach to the delivery of services; and (ii) a comprehensive approach to women’s health care to improve perinatal outcomes.. (b) Other grants \nSection 330H of the Public Health Service Act ( 42 U.S.C. 254c–8 ) is amended— (1) in subsection (a), by striking paragraph (3); and (2) by striking subsections (e) and (f). (c) Funding \nSection 330H of the Public Health Service Act, as amended by subsection (b) of this section, is amended by adding at the end the following subsection: (e) Funding \n(1) 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 2010. (2) Allocation \n(A) Program administration \nOf the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may reserve up to 5 percent for coordination, dissemination, technical assistance, and data activities that are determined by the Secretary to be appropriate for carrying out the program under this section. (B) Evaluation \nOf the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may reserve up to 1 percent for evaluations of projects carried out under subsection (a). Each such evaluation shall include a determination of whether such projects have been effective in reducing the disparity in health status between the general population and individuals who are members of racial or ethnic minority groups..", "id": "H85DE3766D20C4083B531B5F598043CEA", "header": "Amendments to Healthy Start Initiative" } ]

[ { "text": "1. Fair Labor Standards Act of 1938 \nSection 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) ) is amended— (1) in paragraph (17), by striking the period at the end and inserting ; or ; and (2) by adding at the end the following new paragraph: (18) any employee providing professional consulting services recognized by a 4-year degree or greater, professional licensure, professional certification, or at least 8 years of similar work experience, if— (A) the duties of the employee include— (i) interpretation and adherence to design documents and applicable construction codes; (ii) supervision during a project; (iii) interpretation of contract requirements through analysis of specifications and drawings; (iv) the application of a variety of testing and inspection techniques; (v) implementation of research methods; (vi) supervision of the inspection of materials and workmanship; or (vii) the interpretation of engineering principles and national, State, and local construction code requirements or of established codes (such as the Uniform Building Code) set by nationally recognized standard-setting organizations (such as the International Conference of Building Officials); and (B) the services of the employee relate to the preliminary or conceptual design and development, design, bidding, construction, or postconstruction evaluation phases of engineering, architecture, landscape architecture, land and hydrographic surveying, land use planning, natural, environmental, and earth sciences, or construction technology..", "id": "H9564CB6E16B542D7814858F1DD4C73FC", "header": "Fair Labor Standards Act of 1938" } ]

[ { "text": "1. Eligibility criteria for presumption of service-connection resulting from exposure to ionizing radiation due to open-air nuclear testing \nSection 1112(c) of title 38, United States Code, is amended— (1) in paragraph (3)(B)(i), by inserting before the period at the end the following: or exposure to ionzing radiation due to residual contamination resulting from such a detonation ; and (2) by adding at the end the following new paragraph: (4) For purposes of paragraph (3)(B)(i), onsite participation by any individual in a test involving the atmospheric detonation of a nuclear device and any exposure to ionzing radiation due to residual contamination resulting from such a detonation shall be determined without regard to whether any particular level of radiation exposure was measured for that individual..", "id": "H4C98BC4DAFDE4184A46E9C36B7B30797", "header": "Eligibility criteria for presumption of service-connection resulting from exposure to ionizing radiation due to open-air nuclear testing" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Safe Drinking Water for Healthy Communities Act of 2004.", "id": "H69E26EE4CB1D45E097A55884F0E2EEE8", "header": "Short title" }, { "text": "2. National primary drinking water regulation for perchlorate \nSection 1412(b)(12) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b)(12) ) is amended by adding at the end the following: (C) Perchlorate \n(i) Schedule and standard \nNotwithstanding the deadlines set forth in paragraph (1), the Administrator shall promulgate a national primary drinking water regulation for perchlorate pursuant to this subsection, in accordance with the schedule established by this subparagraph. (ii) Proposed regulations \nNot later than January 31, 2006, the Administrator shall propose a national primary drinking water regulation for percholate. (iii) Final regulations \nNot later than July 31, 2007, after notice and opportunity for public comment, the Administrator shall promulgate a national primary drinking water regulation for perchlorate..", "id": "H9697EDC9B81246FC875680F3E45585E", "header": "National primary drinking water regulation for perchlorate" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fort Bowie National Historic Site Boundary Revision Act of 2004.", "id": "H541A77D321CD4FFBB6B39F48DB2EBFF4", "header": "Short title" }, { "text": "2. Findings; purpose \n(a) Findings \nCongress finds as follows: (1) Fort Bowie, established in 1862— (A) was the focal point of military operations against Geronimo and his band of Apaches; and (B) the site of the Bascom Affair, a wagon train massacre, and the battle of Apache Pass, where under the direction of Mangus Colorados and Cochise a large force of Chiricahua Apache fought the California Volunteers. (2) Fort Bowie National Historic Site was established by Congress on August 30, 1964— (A) to preserve the adobe walls of various post buildings and the ruins of the Butterfield Stage Station; and (B) to commemorate the story of the bitter conflict between the Chiricahua Apaches and the United States military. (b) Purpose \nThe purpose of this Act is to modify the boundary of Fort Bowie National Historic Site in order to— (1) protect and interpret the site of the Bascom-Cochise Affair; (2) protect and interpret the site where Geronimo and approximately 37 warriors, women, and children surrendered to General Nelson A. Miles; (3) provide greater opportunities for visitor understanding of the complete story of Fort Bowie; and (4) protect the cultural landscape of the site.", "id": "H32917458B2DC4C0793C60576D62184EE", "header": "Findings; purpose" }, { "text": "3. Boundary of Fort Bowie National Historic Site \nThe first section of the Act of August 30, 1964 (78 Stat. 681), is amended— (1) by striking That the and inserting the following: 1. (a) The ; (2) by striking this Act: Provided , and all that follows through the period and inserting this Act. ; and (3) by adding at the end the following new subsection: (b) The boundary of the Fort Bowie National Historic Site is modified to include the approximately 715 acres generally depicted on the map entitled Fort Bowie National Historic Site, Proposed Boundary Revision , numbered 424/80,017, and dated _______. The map shall be on file and available for inspection in the appropriate offices of the National Park Service, Department of the Interior..", "id": "H2908C632039441A5B9E121A012C519A0", "header": "Boundary of Fort Bowie National Historic Site" }, { "text": "1. (a) The", "id": "H08C7D51DE39F4E2794F06F1813113900", "header": null }, { "text": "4. Quillian Well Road access \nSection 4 of the Act of August 30, 1964 (78 Stat. 681), is amended— (1) by redesignating section 4 as section 5; and (2) by inserting after section 3 the following new section: 4. The National Park Service shall allow public access on the Quillian Well Road to adjacent Bureau of Land Management property in accordance with applicable National Park Service laws and regulations..", "id": "HC48219F03AAB4E2E00012D20008CF500", "header": "Quillian Well Road access" }, { "text": "4. The National Park Service shall allow public access on the Quillian Well Road to adjacent Bureau of Land Management property in accordance with applicable National Park Service laws and regulations.", "id": "H612B91F36BC04B04B2685300DFCCBC31", "header": null }, { "text": "5. Authorization of appropriation \nSection 5 of the Act of August 30, 1964 (78 Stat. 681), as redesignated by section 4 of this Act, is amended to read as follows: 5. There is authorized to be appropriated such sums as may be necessary to carry out this Act..", "id": "H80AD36CD473A47A5AF98322CE52DABC", "header": "Authorization of appropriation" }, { "text": "5. There is authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "H43D0989050DF44C3002C099C6C633751", "header": null } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Mississippi River Protection and Restoration Act of 2004. (b) Table of contents \nSec. 1. Short title; table of contents Sec. 2. Findings and purposes Sec. 3. Secretary defined definition Sec. 4. Environmental management program Sec. 5. Upper Mississippi River trust fund Sec. 6. System maintenance Sec. 7. Lower Mississippi River resource assessment Sec. 8. Flood mitigation Sec. 9. Hazard mitigation Sec. 10. Gulf hypoxia research, coordination, and monitoring Sec. 11. Wetland restoration demonstration projects", "id": "H846D9A8CC3D645CEB26DBC70ABA48605", "header": "Short title; table of contents" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) The Mississippi River is a nationally-significant social, cultural, economic, and environmental resource. (2) Millions of jobs depend upon the economic and environmental health of the Mississippi River. (3) The Mississippi River is slowly losing wildlife habitats that support hundreds of wildlife species. (4) Hundreds of communities are reconnecting to the Mississippi River. (5) Direct discharges and runoff into the Mississippi River are contributing to local and regional water quality problems. (b) Purposes \nThe purposes of this Act are the following: (1) To protect and restore the Mississippi River. (2) To protect and increase the number of jobs which depend upon the health of the Mississippi River. (3) To help communities reconnect to the Mississippi River. (4) To protect and restore habitat. (5) To use science to aid habitat restoration and water quality enhancement efforts.", "id": "H7D5C9059CD5544E98745DA52621BFDB5", "header": "Findings and purposes" }, { "text": "3. Secretary defined \nIn this Act, the term Secretary means the Secretary of the Army.", "id": "HAB6D1246E6CE46629D44A7004021A464", "header": "Secretary defined" }, { "text": "4. Environmental management program \n(a) Maintenance \nSection 1103(d)(3) of such Act is amended by inserting at the end the following: and the maintenance of completed projects on Federal lands.. (b) Ranking system \nSection 1103(e)(1) of such Act is amended— (1) in subparagraph (B) by striking technical and inserting science ; (2) at the end of subparagraph (B) by inserting the following: The advisory committee shall include scientists, hydrologists, and engineers and shall review and provide public comment on project criteria, selection, and sequencing. ; and (3) by adding at the end the following: (C) Project rankings \nThe Secretary shall, in consultation with the Independent Technical Advisory Committee and the National Academy of Sciences, develop a system to rank proposed projects. The ranking system shall give greater weight to projects that restore natural river processes, including dam reforms, levee modification and removal, and training structure modification and removal.. (c) Funding levels \nSection 1103(e) of the Water Resources Development Act of 1986 ( 33 U.S.C. 652(e) ) is amended as follows: (1) In paragraph (3)— (A) by striking $22,750,000 and inserting $80,000,000 ; (B) by inserting at the end the following: For the purposes of carrying out paragraph (1)(A) of this subsection, there is authorized to be appropriated to the Secretary $35,000,000 per fiscal year, to purchase floodplain land from willing sellers. ; and (C) by striking thereafter and inserting until the Trust Fund created in section 5 of the Mississippi River Protection Act of 2004 reaches $2,500,000,000. (2) In paragraph (4), by striking $10,420,000 and inserting $20,000,000. (3) By striking paragraph (7)(A) and inserting the following: (7)(A) The costs of each project carried out pursuant to paragraph (1)(A), including the costs of land acquisition, shall be a Federal responsibility. A non-Federal sponsor shall share 35 percent of the cost of projects constructed on private land.. (d) Recreational Projects \nSection 1103(f)(2) of such Act is amended— (1) by striking $500,000 and inserting $10,000,000 ; (2) by adding at the end the following: The Secretary may share the cost of riverfront projects, including trails, parks, interpretive sites, and greenways. ; and (3) by striking thereafter and inserting until the trust fund created in section 5 of the Mississippi River Protection and Restoration Act of 2004 reaches $2,500,000,000. (e) Reservation \nSection 1103 of such Act is amended by adding at the end the following: (k) Funding \nOne-half of the funds annually appropriated to operate and maintain the Upper Mississippi River and Illinois Waterway under section 102 of the Water Resources Development Act of 1986 shall be reserved to carry out subsections (e), (f), and (h) of section 1103 of such Act..", "id": "HD5EFCEDA1809460F908395EC766CCA1D", "header": "Environmental management program" }, { "text": "5. Upper Mississippi River trust fund \n(a) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Upper Mississippi River Trust Fund (referred to in this section as the Fund ). (b) Federal funding \nUntil the aggregate amount deposited in the Fund under this subsection is equal to at least $2,500,000,000, the Secretary of the Treasury shall transfer $100,000,000 from the general treasury to the Fund for fiscal year 2005 and each fiscal year thereafter. (c) Non-Federal funding \nNon-federal funding may also be contributed to the Fund established in subsection (a). (d) Creation of a non-profit corporation \n(1) In general \nThere is established a charitable and non-profit corporation to administer the funds provided by this section, and to encourage, accept, and administer private gifts for the purpose of protecting and restoring the natural resources of the Upper Mississippi River and its floodplain. (2) Members of board of trustees \nThe Board of Trustees shall be made up of 11 members appointed by the President and shall include: (A) One representative from each of the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. (B) Six representatives of non profit organizations dedicated to the protection and restoration of the environment or other persons who have demonstrated commitment to the environmental health and expertise related to the Upper Mississippi River. (C) The chairman shall be elected by the trustees from its members for a 1-year term. (D) A majority of the current membership of the Trustees shall constitute a quorum for the transaction of business. (E) One ex-officio representative of the U.S. Fish and Wildlife Service. (F) One ex-officio representative of the U.S. Army Corps of Engineers. (G) One ex-officio representative of the U.S. Environmental Protection Agency. (H) One ex-officio representative of the Natural Resources Conservation Service of the U.S. Department of Agriculture. (3) Term \nA member of the Board of Trustees shall serve a 5 year, nonrenewable term. (4) General Powers \nThe Board of Trustees shall meet semi-annually to— (A) allocate the funds annually provided by subparagraph (f); (B) solicit, accept, and use any gift or real or personal property or any income or interest therefrom; (C) acquire by purchase or exchange any real or personal property or interest therein; (D) enter into contracts as may be necessary to carry out its functions; and (E) appoint officers and employees, adopt bylaws, and undertake other such acts as may be necessary to carry out the provisions of this section. (e) Investments \n(1) In general \nThe Secretary of the Treasury shall invest the amounts deposited under subsections (b) and (c) only in interest bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest. (2) Interest rate \nThe Secretary of the Treasury shall invest the amounts in the fund in obligation that carry the highest rate of interest among available obligations of the required maturity. (f) Payments \nAll amounts annually credited as interest under subsection (e) shall be available, without fiscal year limitation, to the trust established under subsection (d) after the Fund has been fully capitalized. (g) Use of funds \nThe trust established in subsection (d) may use funds transferred under subsection (f) for the following: (1) Aquatic habitat restoration. (2) Floodplain habitat restoration, including the acquisition of land in fee title from willing sellers. (3) Not less than 5 percent of the funds generated under subsection (f) shall be used to revitalize riverfronts. (4) Such sums as are necessary to administer the Fund, including professional staff and the reimbursement of the expenses of Trustees. (h) Science Advisory Board \nThe Science Advisory Board established by section 509(a) of the Water Resources Development Act of 1999 shall annually review and comment on the projects proposed by the Board of Trustees. (i) Consistency \nNothing in this section shall confer any new regulatory authority on any Federal or non-Federal entity, and the funds used pursuant to subsection (g) shall be subject to all applicable laws and regulations.", "id": "HE980A44AC1A04568B97C4D00F351CAEF", "header": "Upper Mississippi River trust fund" }, { "text": "6. System maintenance \n(a) In general \nThe Secretary shall use the funds provided by section 102 of Public Law 99–662 ( 33 U.S.C. 2212 ) to conduct maintenance activities consistent with the needs of the environment, including the following: (1) Water level management. (2) Gate adjustments. (3) Wingdam/dike field modifications. (4) Spillway modifications. (5) Abandoned barge removal. (6) Mooring buoys. (7) Forestry management. (8) Systemic fleeting plan. (9) Fish passage. (10) Other measures that the Secretary determines will reduce the impacts of waterway management and barge movements on aquatic and floodplain habitat. (b) Water level management \nSection 102 of Public Law 99–662 ( 33 U.S.C. 2212 ) is amended by inserting the following: The Secretary shall provide 100 percent of the cost of dredging required to manage water levels to improve the environment.. (c) Dredged material placement \nSection 204 of Public Law 102–580 is amended by inserting the following: The Secretary shall develop and implement at full Federal expense a plan to dispose or reuse dredged material from the Upper Mississippi River to eliminate all harmful impacts on floodplain and aquatic habitat.. (d) Water level management study \nNot later than 6 months after the date of enactment of this Act, the Secretary shall assess the opportunities for water level management that benefits fish and wildlife consistent with commercial navigation.", "id": "HF9CDDD637F864370BCC270C0C1CCF237", "header": "System maintenance" }, { "text": "7. Lower Mississippi River resource assessment \nSection 402 of the Water Resources Development Act of 2000 (114 Stat. 2633) is amended— (1) by striking subsection (b) and (c) and inserting the following: (b) Assessments \nNot later than June 30, 2004, the Secretary shall submit the assessments described in subsection (a) to the appropriate committees of Congress, including planning, construction, and enhancement measures needed to meet habitat needs. (c) Demonstration projects \nTo assist in the assessment, the Secretary may implement the following demonstration projects at Federal expense prior to the completion of the report under subsection (b). (2) by striking subsection (e) and inserting the following: (e) Authorization of appropriations \nThere is authorized to be appropriated— (1) $2,000,000 for the assessment described in subsection (b); and (2) $15,000,000 for the demonstration projects described in subsection (c)..", "id": "H7C6E7D50ADA7427BBC6E076B208E19D", "header": "Lower Mississippi River resource assessment" }, { "text": "8. Flood mitigation \n(a) Section 212(i)(1) of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332(i)(1) ; 113 Stat. 291) is amended to read as follows: (1) In general \nThere is authorized to be appropriated $100,000,000 to carry out this section for fiscal years 2005 through 2014..", "id": "H217E9849D2344952AA172400DB4C5772", "header": "Flood mitigation" }, { "text": "9. Hazard mitigation \n(a) Increased Federal share \nSection 322(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165(e)(1) ) is amended by striking 20 percent and inserting 30 percent.. (b) Limitation on total amount of Federal contributions \nSection 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(a) ) is amended by striking 15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) and inserting 25 percent of the estimated aggregate amount of grants to be made.", "id": "HDE695C896F0D4FDEB4B61204E581BA19", "header": "Hazard mitigation" }, { "text": "10. Gulf hypoxia research, coordination, and monitoring \n(a) Establishment \nTo implement the recommendations of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the Secretary shall establish at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River basin. (b) Monitoring coordination \nThe Secretary shall administer and coordinate programs to identify the sources of nutrients in the Gulf of Mexico, including the programs authorized by sections 16 and 17 of this title and the program authorized by section 304 of the Water Resources Development Act of 2000 and other programs authorized to monitor sediment and nutrient loadings into the Mississippi River. (c) Research coordination \nThe Secretary, in collaboration with the Secretary of Commerce, shall administer and coordinate research efforts. (d) Sub-basin nutrient monitoring and modeling \nPursuant to section 403 of the Water Resources Development Act of 2000, the Secretary shall develop sediment and nutrient studies for the following sub-basins of the Mississippi River basin: (1) Missouri River basin. (2) Ohio River basin. (3) Tennessee River basin. (4) Arkansas River basin. (5) Lower Mississippi River basin. (e) Sub-basin collaboration \nThe Secretary shall establish and coordinate sub-basin commissions in each of the following sub-basins to develop and implement long-term nutrient reduction strategies: (1) Missouri River basin. (2) Upper Mississippi River basin. (3) Ohio River basin. (4) Tennessee River basin. (5) Arkansas River basin. (6) Lower Mississippi River basin. (f) Authorization of appropriations \nThere are authorized to be appropriated $250,000,000 for each of fiscal years 2003 through 2012 to carry out this section.", "id": "H4B3BF3E065EE4CC69C3F29AE3D0239D6", "header": "Gulf hypoxia research, coordination, and monitoring" }, { "text": "11. Wetland restoration demonstration projects \n(a) Establishment \nThe Secretary shall establish a consortium of universities from States throughout the Mississippi River Basin to demonstrate the full range of wetland values and functions, including floodplain wetlands in the Lower Mississippi River floodplain, to reduce nutrient loadings to the Gulf of Mexico and to sequester carbon. (b) Report \nThe Secretary shall annually report on the success of demonstration projects undertaken pursuant to this section. (c) Authorization of appropriations \nThere are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2012 to carry out this section.", "id": "H1BA8734A0E694B7BB525D961D95B7FE5", "header": "Wetland restoration demonstration projects" } ]

[ { "text": "1. Exclusion of the Social Security trust funds from the unified Federal budget \nSection 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (o) (1) The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based)— (A) shall not be included in the Federal budget baseline for any fiscal year, and (B) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (i) offsetting any tax decrease, or (ii) offsetting any spending increase. (2) Any official statement issued by the Office of Management and Budget or by the Congressional Budget Office of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices, shall exclude the receipts and disbursements totals of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based)..", "id": "HEE7501D0AB7C487096BC8D33B2806057", "header": "Exclusion of the Social Security trust funds from the unified Federal budget" }, { "text": "2. Effective date \nThe amendment made by this Act shall apply to fiscal years beginning on or after October 1, 2005.", "id": "H965E2F8CA9A24EF48B16B46F009300BE", "header": "Effective date" } ]

[ { "text": "1. Application of countervailing duties to nonmarket economy countries \nSection 701(a)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1671(a)(1) ) is amended by inserting (including a nonmarket economy country) after country each place it appears.", "id": "H4D8371BE17E042699CE7812115DC46EC", "header": "Application of countervailing duties to nonmarket economy countries" }, { "text": "2. Effective date \nThe amendments made by section 1 apply to petitions filed under section 702 of the Tariff Act of 1930 on or after the date of the enactment of this Act.", "id": "H3FA8F5C91A834125A4646400DED0FC38", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Arctic Coastal Plain Domestic Energy Security Act of 2004.", "id": "H63E0C45D57BF4770BB0443DEED1FD45C", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Coastal Plain \nThe term Coastal Plain means that area identified as such in the map entitled Arctic National Wildlife Refuge , dated August 1980, as referenced in section 1002(b) of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3142(b)(1) ), comprising approximately 1,549,000 acres, and as described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Secretary \nThe term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.", "id": "H8C8EF4DD13764E3D836722AA7BBAA057", "header": "Definitions" }, { "text": "3. Leasing program for lands within the Coastal Plain \n(a) In general \nThe Secretary shall take such actions as are necessary— (1) to establish and implement in accordance with this Act a competitive oil and gas leasing program under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, and including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal \nSection 1003 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3143 ) is repealed. (c) Compliance with requirements under certain other laws \n(1) Compatibility \nFor purposes of the National Wildlife Refuge System Administration Act of 1966, the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and that no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement \nThe Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first lease sale. (3) Compliance with NEPA for other actions \nBefore conducting the first lease sale under this Act, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this Act that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this Act shall be completed within 18 months after the date of the enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this Act. (d) Relationship to State and local authority \nNothing in this Act shall be considered to expand or limit State and local regulatory authority. (e) Special areas \n(1) In general \nThe Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map referred to in section 2(1). (2) Management \nEach such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy \nThe Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling \nNotwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the area. (f) Limitation on closed areas \nThe Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this Act. (g) Regulations \n(1) In general \nThe Secretary shall prescribe such regulations as may be necessary to carry out this Act, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of the enactment of this Act. (2) Revision of regulations \nThe Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.", "id": "H2605EF659AFE4FA39467B68053061C4", "header": "Leasing program for lands within the Coastal Plain" }, { "text": "4. Lease sales \n(a) In general \nLands may be leased pursuant to this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures \nThe Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids \nBidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage minimum in first sale \nIn the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of lease sales \nThe Secretary shall— (1) conduct the first lease sale under this Act within 22 months after the date of the enactment of this Act; and (2) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.", "id": "HDFFBDB2B09544CAF9B90B40000B9CACB", "header": "Lease sales" }, { "text": "5. Grant of leases by the Secretary \n(a) In general \nThe Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary. (b) Subsequent transfers \nNo lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.", "id": "H1F3C6EFBA7F94087B34E53B3A6F8505C", "header": "Grant of leases by the Secretary" }, { "text": "6. Lease terms and conditions \n(a) In general \nAn oil or gas lease issued pursuant to this Act shall— (1) provide for the payment of a royalty of not less than 12 1/2 percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for lands required to be reclaimed under this Act shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, their habitat, and the environment as required pursuant to section 3(a)(2); (7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State; (8) prohibit the export of oil produced under the lease; and (9) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this Act and the regulations issued under this Act. (b) Project labor agreements \nThe Secretary, as a term and condition of each lease under this Act and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.", "id": "H9A508ACEB754490E9FE9DD9431A63B31", "header": "Lease terms and conditions" }, { "text": "7. Coastal Plain environmental protection \n(a) No significant adverse effect standard to govern authorized Coastal Plain activities \nThe Secretary shall, consistent with the requirements of section 3, administer the provisions of this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-specific assessment and mitigation \nThe Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations to protect Coastal Plain fish and wildlife resources, subsistence users, and the environment \nBefore implementing the leasing program authorized by this Act, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this Act are conducted in a manner consistent with the purposes and environmental requirements of this Act. (d) Compliance with Federal and State environmental laws and other requirements \nThe proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this Act shall require compliance with all applicable provisions of Federal and State environmental law and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration. (3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times, if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this Act, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or reduction of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations \nIn preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in Appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning \n(1) In general \nThe Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives \nThe plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public lands \nThe Secretary shall— (1) manage public lands in the Coastal Plain subject to section subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.", "id": "H229D7433D44841A7AAA96E0608892D87", "header": "Coastal Plain environmental protection" }, { "text": "8. Expedited judicial review \n(a) Filing of complaint \n(1) Deadline \nSubject to paragraph (2), any complaint seeking judicial review of any provision of this Act or any action of the Secretary under this Act shall be filed in any appropriate district court of the United States— (A) except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or (B) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue \nAny complaint seeking judicial review of an action of the Secretary under this Act may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review \nJudicial review of a Secretarial decision to conduct a lease sale under this Act, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this Act and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this Act shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on other review \nActions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.", "id": "HD940FB8077DF4F79A5D72502DCED9321", "header": "Expedited judicial review" }, { "text": "9. Federal and State distribution of revenues \n(a) In general \nNotwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from oil and gas leasing and operations authorized under this Act— (1) 50 percent shall be paid to the State of Alaska; and (2) except as provided in section 12(d) the balance shall be deposited into the Treasury as miscellaneous receipts. (b) Payments to Alaska \nPayments to the State of Alaska under this section shall be made semiannually.", "id": "H90970775CF2C4D4192E15C0632D99FA5", "header": "Federal and State distribution of revenues" }, { "text": "10. Rights-of-way across the Coastal Plain \n(a) Exemption \nTitle XI of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3161 et seq. ) shall not apply to the issuance by the Secretary under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) of rights-of-way and easements across the Coastal Plain for the transportation of oil and gas. (b) Terms and conditions \nThe Secretary shall include in any right-of-way or easement referred to in subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations \nThe Secretary shall include in regulations under section 3(g) provisions granting rights-of-way and easements described in subsection (a) of this section.", "id": "H7ABFC596D44646BAB1EA635328902BCA", "header": "Rights-of-way across the Coastal Plain" }, { "text": "11. Conveyance \nIn order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under section 12 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.", "id": "HACC55545E2104DE7930979B8445200FC", "header": "Conveyance" }, { "text": "12. Local government impact aid and community service assistance \n(a) Financial assistance authorized \n(1) In general \nThe Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this Act. (2) Eligible entities \nThe North Slope Borough, Kaktovik, and other boroughs, municipal subdivisions, villages, and any other community organized under Alaska State law shall be eligible for financial assistance under this section. (b) Use of assistance \nFinancial assistance under this section may be used only for— (1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational and subsistence values; (2) implementing mitigation plans and maintaining mitigation projects; (3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including firefighting, police, water, waste treatment, medivac, and medical services; and (4) establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, which shall— (A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and (B) provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development. (c) Application \n(1) In general \nAny community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation. (2) North Slope Borough communities \nA community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough. (3) Application assistance \nThe Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section. (d) Establishment of fund \n(1) In general \nThere is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund. (2) Use \nAmounts in the fund may be used only for providing financial assistance under this section. (3) Deposits \nSubject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties under on leases and lease sales authorized under this Act. (4) Limitation on deposits \nThe total amount in the fund may not exceed $11,000,000. (5) Investment of balances \nThe Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities. (e) Authorization of appropriations \nTo provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.", "id": "H891B0EFB490041F89FE4B00919855B14", "header": "Local government impact aid and community service assistance" } ]

[ { "text": "1. Pigment Red 187 \n(a) In general \nHeading 9902.32.22 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": "H7F72CE4BB38944BF8165DBE224583C41", "header": "Pigment Red 187" } ]

[ { "text": "1. Permanent resident status for Denes and Gyorgyi Fulop \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Denes and Gyorgyi Fulop shall be eligible for issuance of immigrant visas or for adjustment of status to that of aliens lawfully admitted for permanent residence upon filing an application for issuance of immigrant visas under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Denes Fulop or Gyorgyi Fulop enters the United States before the filing deadline specified in subsection (c), the alien shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within 2 years after the date of enactment of this Act. (d) Reduction of immigrant visa numbers \nUpon the granting of immigrant visas or permanent residence to Denes and Gyorgyi Fulop, the Secretary of State shall instruct the proper officer to reduce by the appropriate number, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "H58B6641A58424C6D8B2D552465BAE044", "header": "Permanent resident status for Denes and Gyorgyi Fulop" } ]

[ { "text": "1. Requirement to include emergency contraception on uniform formulary of pharmaceutical agents of the pharmacy benefits program of the Department of Defense \nSection 1074g(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (9) (A) Emergency contraception shall be included on the uniform formulary. (B) Notwithstanding paragraph (4), no prior authorization may be required for emergency contraception. Nothing in the preceding sentence may be construed as waiving any provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or any other Act administered by the Food and Drug Administration. (C) In this paragraph, the term emergency contraception means a drug, drug regimen, or device that is— (i) used postcoitally; (ii) prevents pregnancy by delaying ovulation, preventing fertilization of an egg, or preventing implantation of an egg in a uterus; and (iii) is approved by the Food and Drug Administration..", "id": "H0FDA272BB0AB4D2EA3B4EB0BC006EBA", "header": "Requirement to include emergency contraception on uniform formulary of pharmaceutical agents of the pharmacy benefits program of the Department of Defense" } ]

[ { "text": "1. Short title \nThis Act may be cited as the 50 State Capitols Commemorative Currency Program.", "id": "H84CE4E09609743ADADF266AF687F6783", "header": "Short title" }, { "text": "2. 50 State Capitols Commemorative Currency Program \nSection 5114 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) 50 State Capitols Commemorative Currency Program \n(1) Redesign beginning in 2005 \n(A) In general \nIn addition to the requirements of subsection (b) (relating to the inclusion of the inscription In God We Trust on all United States currency) and the 8th undesignated paragraph of section 16 of the Federal Reserve Act , during the 10-year period beginning on January 1, 2005, the center panel of the reverse side of the $1 Federal reserve notes shall incorporate designs selected in accordance with this subsection which are emblematic of the capitols or statehouses of the 50 States. (B) Transition provision \nNotwithstanding subparagraph (A), the Secretary may continue to print, and the Board to issue, $1 Federal reserve notes in 2005 which bear the design in effect before the redesign required under this subsection as required to ensure a smooth transition into the 10-year program under this subsection. (2) Single State designs \nThe design on the center panel of the reverse side of each $1 Federal reserve note issued during the 10-year period referred to in paragraph (1) shall be emblematic of the capitol or statehouse of 1 of the 50 States. (3) Issuance of notes commemorating 5 States during each of the 10 years \n(A) In general \nThe designs for the $1 Federal reserve notes issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the United States or were admitted into the Union, as the case may be. (B) Number of each of 5 designs in each year \nOf the $1 Federal reserve notes issued during each year of the 10-year period referred to in paragraph (1), the Board shall prescribe, in accordance with section 16 of the Federal Reserve Act and on the basis of such factors as the Board determines to be appropriate, the number of $1 Federal reserve notes which shall be issued with each of the 5 designs selected for such year. (4) Selection of design \n(A) In general \nEach of the 50 designs required under this subsection for $1 Federal reserve notes shall be— (i) selected by the Secretary after consultation with— (I) the Governor of the State whose capitol or statehouse is being commemorated, or such other State officials or group as the State may designate for such purpose; and (II) the Commission of Fine Arts; and (ii) reviewed by the Board and the Citizens Coinage Advisory Committee. (B) Selection and approval process \nDesigns for $1 Federal reserve notes may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (C) Participation \nThe Secretary may include participation by State officials, artists from the States, engravers of the United States Mint, and members of the general public. (D) Standards \nBecause it is important that the Nation’s coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any $1 Federal reserve note subject to this subsection. (E) Prohibition on certain representations \nNo head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of a State capitol or statehouse on any $1 Federal reserve note under this subsection. (5) Application in event of the admission of additional States \nIf any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may print, and the Board issue, $1 Federal reserve notes, in accordance with this subsection, with a design which is emblematic of the capitol or statehouse of such State during any 1 year of such 10-year period, in addition to the $1 Federal reserve notes issued during such year in accordance with paragraph (3)(A). (6) Definitions \nFor purposes of this subsection, the following definitions shall apply: (A) Board \nThe term Board means the Board of Governors of the Federal Reserve System. (B) Secretary \nThe term Secretary means the Secretary of the Treasury..", "id": "H3C6F75B8235748AEA3714C074E2B4682", "header": "50 State Capitols Commemorative Currency Program" } ]

[ { "text": "1. Preventing immigrants from waiting longer for immigrant visas as a result of reclassification from family second preference to family first preference \n(a) In general \nSection 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended by adding at the end the following new subsection: (i) Assuring immigrants do not have to wait longer for an immigrant visa as a result of reclassification from family second preference to family first preference \nNotwithstanding any other provision of law, in the case of a petition that has been approved to accord preference status under subsection (a)(2)(A) may be deemed to provide continued entitlement to status under that subsection in the case of any alien petitioner who is subsequently naturalized as a United States citizen, if a visa is not immediately available to the beneficiary under subsection (a)(1).. (b) Effective date \nThe amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies to petitions filed before, on, or after such date, without regard to when an alien petitioner was naturalized as a citizen of the United States.", "id": "H054B08E2289E4A888D927FD5E8A8DE5B", "header": "Preventing immigrants from waiting longer for immigrant visas as a result of reclassification from family second preference to family first preference" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Advertising Reform Act of 2004.", "id": "H03A424D90FBC435096EF3371E0EEAAD8", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds that— (1) a February 2004 Congressional Research Service report states that the advertising industry estimates the Federal Government spends over $1,000,000,000 each year on advertising; (2) under the rules and regulations that apply to the Federal Government and advertising campaigns run by the Federal Government, there are few restrictions on advertising by the Federal Government; and (3) currently, there is no single agency charged with tracking and overseeing advertising expenditures by Federal agencies. (b) Purposes \nThe purposes of this Act are to— (1) ensure that advertising campaigns paid for by the Federal Government are unbiased and do not contain a political message or covert propaganda; (2) highlight the lack of oversight and evaluation of advertising campaigns paid for by the Federal Government; and (3) ensure that advertising campaigns in excess of $10,000,000 per year are evaluated and approved by an independent entity such as the General Accounting Office.", "id": "H790BF5629466430984D1E5A5F3F6E1A2", "header": "Findings and purposes" }, { "text": "3. Limitation on advertising expenditures \n(a) In general \nIn any fiscal year, if the amounts appropriated to an agency exceed $10,000,000 to prepare or produce print, radio, or television advertising campaigns, as well as video news releases, uses of outdoor media, and Internet advertisements on websites not operated by the Federal Government, those amounts shall not be expended by the agency unless— (1) any proposed advertisement is submitted to the Comptroller General of the United States for review; and (2) the Comptroller General determines that the proposed advertisement does not contain a political message, and is not false, misleading, or deceptive. (b) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning provided that term by section 105 of title 5, United States Code. (2) False, misleading, or deceptive \nThe term false, misleading, or deceptive has the meaning provided that term under rules and regulations promulgated by the Federal Trade Commission.", "id": "HAF364602F60448718856F3E6B4CAEBD6", "header": "Limitation on advertising expenditures" } ]

[ { "text": "1. Toys containing mercury as banned hazardous products \n(a) Product banned \nNot later than 6 months after the date of enactment of this Act, the Consumer Product Safety Commission shall, pursuant to section 8 of the Consumer Product Safety Act ( 15 U.S.C. 2057 ), promulgate a rule under section 9 of such Act, declaring mercury-containing toys to be banned hazardous products under such Act. (b) Definition of mercury-containing toys \nAs used in this Act, the term mercury-containing toy means any toy or other product that contains mercury and is designed primarily for, or marketed primarily to children.", "id": "HA63564C2327449A39B611C10E2D700D7", "header": "Toys containing mercury as banned hazardous products" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Energy High-End Computing Revitalization Act of 2004.", "id": "HA7833A871CD24ADB9E8C78E04B95CB00", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) high-end computing is a critical component of the scientific advances, defense capabilities, and commercial competitiveness of the United States in the 21st Century; (2) with the deployment of the Earth System Simulator in Japan, the United States no longer has a clear lead in high-end computing worldwide; (3) (A) promising new architectures should be developed that increase memory and network bandwidth, minimize latency, and coordinate the architectures’ various components to maximize application performance; and (B) it is recognized that different architectures may be better suited to different applications; (4) (A) software that improves efficiency on and accessibility to high-end systems should be developed; and (B) this development effort should include research in optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing in collaboration with architecture development efforts; (5) without government support, market forces are unlikely to drive sufficient innovation in high-end computing because the private sector would not capture the full value of its innovations on a short enough time frame; and (6) having played an important role in the development of high-end computing, networking, and information technology, the Department of Energy, and the research programs of the Office of Science of the Department of Energy, are particularly qualified to lead research in those fields.", "id": "HA34BBB6476FB48B7B85857192EBDBB82", "header": "Findings" }, { "text": "3. Definitions \nFor purposes of this Act: (1) High-end computing system \nThe term high-end computing system means a computing system with performance that substantially exceeds systems that are commonly available for advanced scientific and engineering applications. (2) Leadership System \nThe term Leadership System means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) Secretary \nThe term Secretary means the Secretary of Energy.", "id": "H5E093E1256BC461DBABA00C603EB468D", "header": "Definitions" }, { "text": "4. Department of energy high-end computing research and development program \n(a) In general \nThe Secretary, acting through the Director of the Office of Science, shall carry out a program of research and development (involving software and hardware) to advance high-end computing systems, and shall develop and deploy such systems for advanced scientific and engineering applications. (b) Program \nThe program shall— (1) support both individual investigators and multidisciplinary teams of investigators; (2) conduct research in multiple architectures, which may include vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures; (3) conduct research in software development on optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts; (4) provide for sustained access by the research community in the United States to high-end computing systems and to Leadership Systems, including provision for technical support for users of such systems; (5) support technology transfer to the private sector and others in accordance with applicable law; and (6) ensure that the high-end computing activities of the Department of Energy are coordinated with relevant activities in industry and with other Federal agencies, including the National Nuclear Security Administration, the National Science Foundation, the Defense Advanced Research Projects Agency, the National Security Agency, the National Institutes of Health, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, and the Environmental Protection Agency. (c) Leadership systems facilities \n(1) In general \nAs part of the program carried out under this Act, the Secretary, acting through the Director of the Office of Science, shall establish and operate Leadership Systems facilities to— (A) conduct advanced scientific and engineering research and development using Leadership Systems; and (B) develop potential advancements in high-end computing system hardware and software. (2) Administration \nIn carrying out this subsection, the Secretary, acting through the Director of the Office of Science, shall provide access to Leadership Systems on a competitive, merit-reviewed basis to researchers in United States industry, institutions of higher education, national laboratories, and other Federal agencies.", "id": "H3633462044104176ACF035F1CF880259", "header": "Department of energy high-end computing research and development program" }, { "text": "5. Authorization of appropriations \nIn addition to amounts otherwise made available for high-end computing, there are authorized to be appropriated to the Secretary to carry out this Act— (a) $50,000,000 for fiscal year 2005; (b) $55,000,000 for fiscal year 2006; and (c) $60,000,000 for fiscal year 2007.", "id": "H3C85B972B1A64BF1B2D4A7CE785361F5", "header": "Authorization of appropriations" } ]

[ { "text": "1. Transfer of functions \n(a) Identification of certain countries \nSection 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) is amended— (1) in subsection (a)— (A) by striking United States Trade Representative and inserting Secretary of Commerce ; and (B) by striking Trade Representative each subsequent place it appears and inserting Secretary ; and (2) in subsections (b) through (g), by striking Trade Representative each place it appears and inserting Secretary. (b) Enforcement of United States rights under trade agreements and response to certain foreign trade practices \nChapter 1 of title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ) is amended as follows: (1) Section 301(a)(1) is amended by striking United States Trade Representative and inserting Secretary of Commerce. (2) Section 303(b)(1)(A) is amended by striking United States Trade Representative and inserting Secretary of Commerce. (3) Section 301(d)(8) is amended to read as follows: (8) The term Secretary means the Secretary of Commerce.. (4) Sections 301 through 310 are amended by striking Trade Representative each place it appears and inserting Secretary.", "id": "H3920EB798E784396B069D2811FC2991C", "header": "Transfer of functions" }, { "text": "2. Applicability \n(a) In general \nSubject to subsection (b), the amendments made by section 1 shall take effect 90 days after the date of the enactment of this Act. (b) Pending petitions, investigations, and determinations \nThe amendments made by section 1 shall not affect any petition filed before, or investigation pending on, the effective date set forth in subsection (a), under chapter 1 of title III of the Trade Act of 1974. Such petitions and investigations shall proceed as if section 1 had not been enacted. The amendments made by section 1 shall not affect any determination made or action taken under chapter 1 of title III of the Trade Act of 1974 before the effective date set forth in subsection (a).", "id": "HE327EB5FD99F4A5882DB87D70086EA96", "header": "Applicability" }, { "text": "3. Uruguay Round Agreements Act \n(a) Transfer of certain functions \nThose functions of the United States Trade Representative under the following provisions of the Uruguay Round Agreements Act are transferred to the Secretary of Commerce, effective 90 days after the date of the enactment of this Act: (1) Section 123. (2) Paragraphs (5), (6), and (7) of section 124. (3) Section 127. (4) Subsections (e) and (f) of section 281. (b) Conforming amendments \n(1) Amendments \nSection 129 of the Uruguay Round Agreements Act ( 19 U.S.C. 3538 ) is amended— (A) by striking Trade Representative each place it appears and inserting Secretary of Commerce ; (B) in subsection (a)(6), by striking direct the administering authority to ; (C) in subsection (b)— (i) in paragraph (1), by striking the administering authority and ; (ii) in paragraph (2), by striking shall, and all that follows through issue a determination and inserting may issue a determination ; (iii) in paragraph (3), by striking the administering authority and ; and (iv) in paragraph (4)— (I) by striking the administering authority and ; and (II) by striking direct the administering authority to ; and (D) in subsection (c)(1)— (i) in subparagraph (A), by striking the date on which and all that follows through determination, and inserting the date on which the Secretary of Commerce revokes an order pursuant to that determination, ; and (ii) in subparagraph (B), by striking the date on which and all that follows through the end of the sentence and inserting the date on which the Secretary of Commerce implements that determination. (2) Effective date \nThe amendments made by paragraph (1) shall take effect 90 days after the date of the enactment of this Act.", "id": "H93BCD558E2254105A92732A6FDD94E8D", "header": "Uruguay Round Agreements Act" } ]

[ { "text": "1. Withdrawal of Los Padres National Forest, California, from mining laws \n(a) Short title \nThis Act may be cited as the Los Padres National Forest Conservation Act. (b) Withdrawal \nSubject to valid existing rights, the Los Padres National Forest in California is hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.", "id": "HECF86E80849443BC82B000FAEA50856C", "header": "Withdrawal of Los Padres National Forest, California, from mining laws" } ]

[ { "text": "1. Codification of administrative actions relating to presumptions of service connection for veterans exposed to ionizing radiation \n(a) Covered diseases \nSubsection (c)(2) of section 1112 of title 38, United States Code, is amended by adding at the end the following new subparagraphs: (Q) Cancer of the bone. (R) Cancer of the brain. (S) Cancer of the colon. (T) Cancer of the lung. (U) Cancer of the ovary.. (b) Covered radiation-risk activities \nSubsection (c)(3)(B) of such section is amended by adding at the end the following new clause: (iv) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 l (14)).. (c) Effective date \nThe amendments made by this section shall take effect as of March 26, 2002.", "id": "HCE7EAD6053DF48138C29AD2A0D9B214", "header": "Codification of administrative actions relating to presumptions of service connection for veterans exposed to ionizing radiation" }, { "text": "2. Offset of veterans’ disability compensation and dependency and indemnity compensation from awards under Radiation Exposure Compensation program \n(a) Offset in lieu of forfeiture from disability compensation \nSubsection (c) of section 1112 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act.. (b) Offset in lieu of forfeiture from dependency and indemnity compensation \nSection 1310 of title 38, United States Code, is amended by adding at the end the following new paragraph: (c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.. (c) Effective date \nParagraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.", "id": "H190760ACDB7C412B9E045878B000F5A5", "header": "Offset of veterans’ disability compensation and dependency and indemnity compensation from awards under Radiation Exposure Compensation program" } ]

[ { "text": "1. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following new section: 16__. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Secretary, in cooperation with the State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation, Reuse, and Desalinization project to reclaim and reuse wastewater and to treat and reuse impaired and brackish groundwater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.. (b) Clerical amendment \nThe table of sections in section 2 of such Act is amended by inserting after the item relating to section 16__ the following: Sec. 16__. El Paso, Texas, water reclamation, reuse, and desalinization project.", "id": "HEC6FC41CFC2F42D19EBE896F88A3CF0", "header": "El Paso, Texas, water reclamation, reuse, and desalinization project" }, { "text": "16__. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Secretary, in cooperation with the State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation, Reuse, and Desalinization project to reclaim and reuse wastewater and to treat and reuse impaired and brackish groundwater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.", "id": "HCA3A0E4407FD47120000FC3EE9AC281", "header": "El Paso, Texas, water reclamation, reuse, and desalinization project" } ]