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bill_summary_us

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[ { "text": "1. Ban on Importation of Soybeans and Soybean Meal that are Products of Argentina or Brazil \n(a) In General \nNo person may import into the customs territory of the United States soybeans provided for in heading 1201.00.00 of the Harmonized Tariff Schedule of the United States, or soybean meal provided for in subheading 1208.10.00 of such Schedule, that is the product of Argentina or Brazil. (b) Construction \nFor purposes of subsection (a), the term import includes withdrawal from warehouse for consumption.", "id": "HD8A8C7313F104D3D9FCEC5F9DEE620D4", "header": "Ban on Importation of Soybeans and Soybean Meal that are Products of Argentina or Brazil" } ]

[ { "text": "1. Balanced system of precertification for earned income tax credit \nNot more than 5 percent of the total participants in any system of precertification for the earned income tax credit under section 32 of the Internal Revenue Code of 1986 administered by the Secretary of the Treasury on or after the date of the enactment of this Act may reside in the same metropolitan statistical area.", "id": "H4A3969749F384815B7AE180468008D00", "header": "Balanced system of precertification for earned income tax credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Arthritis Prevention, Control, and Cure Act of 2004.", "id": "H1BD07AED24ED485D85F1E8CD324B0828", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) Arthritis and other rheumatic diseases are among the most common conditions in the United States. There are more than 100 different forms of arthritis, of which the 2 most common forms are osteoarthritis and rheumatoid arthritis. (2) Arthritis and other rheumatic diseases cause severe and chronic pain, swollen tissue, ligament and joint destruction, deformities, permanent disability, and death. Arthritis and other rheumatic diseases erode patients’ quality of life and can diminish their mental health, impose significant limitations on their daily activities, and disrupt the lives of their family members and caregivers. (3) One out of every 3, or nearly 70,000,000, adults in the United States suffer from arthritis or chronic joint symptoms. The number of individuals in the United States with arthritis will grow as the number of older Americans continues to increase dramatically in the next few decades. (4) Arthritis and other rheumatic diseases affect all types of people of the United States, not just older individuals. Arthritis and other rheumatic diseases disproportionately affect women in the United States, and nearly 3 of every 5 individuals with arthritis are younger than 65 years of age. Today, 8,400,000 young adults ages 18 through 44 have arthritis and millions of others are at risk for developing the disease. (5) Arthritis and other rheumatic diseases are the leading cause of disability among adults in the United States. More than 8,000,000 people in the United States are disabled by arthritis and other rheumatic diseases. By 2020, arthritis will limit the daily activities of nearly 12,000,000 individuals. (6) Nearly 60 percent of people of the United States with arthritis are of working age. In general, people with arthritis have a low rate of participation in the workforce. Arthritis is exceeded only by heart disease as a cause of work disability. (7) Nearly 300,000 children in the United States, or 3 children out of every 1,000, have some form of arthritis or other rheumatic disease. It is the sense of Congress that the substantial morbidity associated with pediatric arthritis warrants a greater Federal investment in research to identify new and more effective treatments for these diseases. (8) Arthritis results in 750,000 hospitalizations, 44,000,000 outpatient visits, and 4,000,000 days of hospital care every year, according to the Centers for Disease Control and Prevention. (9) The Centers for Disease Control and Prevention estimate that the annual cost of medical care for arthritis is $51,000,000, and the estimated annual total cost of arthritis to the United States, including lost productivity, exceeds $86,000,000. (10) In 1975, the National Arthritis Act of 1974 ( Public Law 93–640 ) was enacted to promote basic and clinical arthritis research, establish Multipurpose Arthritis Centers, and expand clinical knowledge in the field of arthritis. The Act was successfully implemented, and continued funding of arthritis-related research has led to important advances in arthritis control, treatment, and prevention. (11) Early diagnosis, treatment, and appropriate management of arthritis can control symptoms and improve quality of life. Weight control and exercise can demonstrably lower health risks from arthritis, as can other forms of patient education, training, and self-management. The genetics of arthritis are being actively investigated. New, innovative, and increasingly effective drug therapies, joint replacements, and other therapeutic options are being developed. (12) While research has identified many effective interventions against arthritis, such interventions are broadly underutilized. That underutilization leads to unnecessary loss of life, health, and quality of life, as well as avoidable or unnecessarily high health care costs. Arthritis self-management can reduce both patient pain and health care costs, with some self-management programs reducing arthritis pain by 20 percent and physician visits by 40 percent. Yet less than 1 percent of the 49,000,000 people in the United States with arthritis participate in such programs, and self-management courses are not offered in all areas of the United States. (13) Rheumatologists are internists or pediatric sub-specialists that are uniquely qualified by an additional 2 to 4 years of training and experience in the diagnosis and treatment of rheumatic conditions. Typically, rheumatologists act as consultants, but also often act as managers, relying on the help of many skilled professionals, including nurses, physical and occupational therapists, psychologists, and social workers. Many rheumatologists conduct research to determine the cause and effective treatment of disabling and sometimes fatal rheumatic diseases. (14) Recognizing that the Nation requires a public health approach to arthritis, the Department of Health and Human Services established important national goals related to arthritis in its Healthy People 2010 initiative. Moreover, various Federal and non-Federal stakeholders have worked cooperatively to develop a comprehensive National Arthritis Action Plan: A Public Health Strategy. (15) Greater efforts and commitments are needed from Congress, the States, providers, and patients to achieve the goals of Healthy People 2010, implement a national public health strategy consistent with the National Arthritis Action Plan, and lessen the burden of arthritis on citizens of the United States.", "id": "H21EF291E6C914B8A84C4E377F5DFFC6E", "header": "Findings" }, { "text": "3. Enhancing the public health activities related to arthritis of the Centers for Disease Control and Prevention through the National Arthritis Action Plan \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 314 the following: 315. Implementation of the National Arthritis Action Plan \nThe Secretary shall develop and implement a National Arthritis Action Plan that consists of— (1) the Federal arthritis prevention and control activities, as described in section 315A; (2) the State arthritis control and prevention programs, as described in section 315B; (3) the comprehensive arthritis action grant program, as described in section 315C; and (4) a national arthritis education and outreach program, as described in section 315D. 315A. Federal arthritis prevention and control activities \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, directly, or through a grant to an eligible entity, conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. (b) Duties of Secretary \nThe activities of the Secretary under subsection (a) shall include— (1) the collection, publication, and analysis of data on the prevalence and incidence of arthritis and other rheumatic diseases; (2) the development of uniform data sets for public health surveillance and clinical quality improvement activities; (3) the identification of evidence-based and cost-effective best practices for the prevention, diagnosis, management, and care of arthritis and other rheumatic diseases; (4) research, including research on behavioral interventions to prevent arthritis and on other evidence-based best practices relating to arthritis prevention, diagnosis, management, and care; and (5) demonstration projects, including community-based and patient self-management programs of arthritis control, prevention, and care, and similar collaborations with academic institutions, hospitals, health insurers, researchers, health professionals, and nonprofit organizations. (c) Training and technical assistance \nWith respect to the planning, development, and operation of any activity carried out under subsection (a), the Secretary may provide training, technical assistance, supplies, equipment, or services, and may assign any officer or employee of the Department of Health and Human Services to a State or local health agency, or to any public or nonprofit entity designated by a State health agency, in lieu of providing grant funds under this section. (d) Arthritis Prevention Research at the Centers for Disease Control and Prevention Centers \nThe Secretary shall provide additional grant support for research projects at the Centers for Prevention Research by the Centers for Disease Control and Prevention to encourage the expansion of research portfolios at the Centers for Prevention Research to include arthritis-specific research activities related to the prevention and management of arthritis. (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. 315B. State arthritis control and prevention programs \n(a) In general \nThe Secretary shall award grants to eligible entities to provide support for comprehensive arthritis control and prevention programs and to enable such entities to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. (b) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be a State or Indian tribe. (c) Application \nTo be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a comprehensive arthritis control and prevention plan that— (1) is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to arthritis control, prevention, and treatment that increase the quality of life and decrease the level of disability; (2) is intended to reduce the morbidity of arthritis, with priority on preventing and controlling arthritis in at-risk populations and reducing disparities in arthritis prevention, diagnosis, management, and quality of care in underserved populations; (3) describes the arthritis-related services and activities to be undertaken or supported by the entity; and (4) is developed in a manner that is consistent with the National Arthritis Action Plan or a subsequent strategic plan designated by the Secretary. (d) Use of funds \nAn eligible entity shall use amounts received under a grant awarded under subsection (a) to conduct, in a manner consistent with the comprehensive arthritis control and prevention plan submitted by the entity in the application under subsection (c)— (1) public health surveillance and epidemiological activities relating to the prevalence of arthritis and assessment of disparities in arthritis prevention, diagnosis, management, and care; (2) public information and education programs; and (3) education, training, and clinical skills improvement activities for health professionals, including allied health personnel. (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. 315C. Comprehensive arthritis action grants \n(a) In general \nThe Secretary shall award grants on a competitive basis to eligible entities to enable such eligible entities to assist in the implementation of a national strategy for arthritis control and prevention. (b) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be a national public or private nonprofit entity. (c) Application \nTo be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will— (1) supplement or fulfill unmet needs identified in the comprehensive arthritis control and prevention plan of a State or Indian tribe; (2) otherwise help achieve the goals of the National Arthritis Action Plan or a subsequent strategic plan designated by the Secretary. (d) Priority \nIn awarding grants under this section, the Secretary shall give priority to eligible entities submitting applications proposing to carry out programs for controlling and preventing arthritis in at-risk populations or reducing disparities in underserved populations. (e) Use of funds \nAn eligible entity shall use amounts received under a grant awarded under subsection (a) for 1 or more of the following purposes: (1) To expand the availability of physical activity programs designed specifically for people with arthritis. (2) To provide awareness education to patients, family members, and health care providers, to help such individuals recognize the signs and symptoms of arthritis, and to address the control and prevention of arthritis. (3) To decrease long-term consequences of arthritis by making information available to individuals with regard to the self-management of arthritis. (4) To provide information on nutrition education programs with regard to preventing or mitigating the impact of arthritis. (f) Evaluation \nAn eligible entity that receives a grant under this section shall submit to the Secretary an evaluation of the operations and activities carried out under such grant that includes an analysis of increased utilization and benefit of public health programs relevant to the activities described in the appropriate provisions of subsection (e). (g) 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. 315D. National arthritis education and outreach \n(a) In general \nThe Secretary shall coordinate a national education and outreach program to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. (b) Initiatives and strategies \nInitiatives and strategies implemented under the program described in paragraph (1) may include public awareness campaigns, public service announcements, and community partnership workshops, as well as programs targeted at businesses and employers, managed care organizations, and health care providers. (c) Priority \nIn carrying out subsection (a), the Secretary— (1) may emphasize prevention, early diagnosis, and appropriate management of arthritis, and opportunities for effective patient self-management; and (2) shall give priority to reaching high-risk or underserved populations. (d) Collaboration \nIn carrying out this section, the Secretary shall consult and collaborate with stake-holders from the public, private, and nonprofit sectors with expertise relating to arthritis control, prevention, and treatment. (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": "HD2185A6A3CBA4A1A99CE00ABD60447FC", "header": "Enhancing the public health activities related to arthritis of the Centers for Disease Control and Prevention through the National Arthritis Action Plan" }, { "text": "315. Implementation of the National Arthritis Action Plan \nThe Secretary shall develop and implement a National Arthritis Action Plan that consists of— (1) the Federal arthritis prevention and control activities, as described in section 315A; (2) the State arthritis control and prevention programs, as described in section 315B; (3) the comprehensive arthritis action grant program, as described in section 315C; and (4) a national arthritis education and outreach program, as described in section 315D.", "id": "HA78F41872B7A4E239FD449E3147D00B8", "header": "Implementation of the National Arthritis Action Plan" }, { "text": "315A. Federal arthritis prevention and control activities \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, directly, or through a grant to an eligible entity, conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. (b) Duties of Secretary \nThe activities of the Secretary under subsection (a) shall include— (1) the collection, publication, and analysis of data on the prevalence and incidence of arthritis and other rheumatic diseases; (2) the development of uniform data sets for public health surveillance and clinical quality improvement activities; (3) the identification of evidence-based and cost-effective best practices for the prevention, diagnosis, management, and care of arthritis and other rheumatic diseases; (4) research, including research on behavioral interventions to prevent arthritis and on other evidence-based best practices relating to arthritis prevention, diagnosis, management, and care; and (5) demonstration projects, including community-based and patient self-management programs of arthritis control, prevention, and care, and similar collaborations with academic institutions, hospitals, health insurers, researchers, health professionals, and nonprofit organizations. (c) Training and technical assistance \nWith respect to the planning, development, and operation of any activity carried out under subsection (a), the Secretary may provide training, technical assistance, supplies, equipment, or services, and may assign any officer or employee of the Department of Health and Human Services to a State or local health agency, or to any public or nonprofit entity designated by a State health agency, in lieu of providing grant funds under this section. (d) Arthritis Prevention Research at the Centers for Disease Control and Prevention Centers \nThe Secretary shall provide additional grant support for research projects at the Centers for Prevention Research by the Centers for Disease Control and Prevention to encourage the expansion of research portfolios at the Centers for Prevention Research to include arthritis-specific research activities related to the prevention and management of arthritis. (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": "HEBB35FC1F2664CEB00B46F8BF17CA96", "header": "Federal arthritis prevention and control activities" }, { "text": "315B. State arthritis control and prevention programs \n(a) In general \nThe Secretary shall award grants to eligible entities to provide support for comprehensive arthritis control and prevention programs and to enable such entities to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. (b) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be a State or Indian tribe. (c) Application \nTo be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a comprehensive arthritis control and prevention plan that— (1) is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to arthritis control, prevention, and treatment that increase the quality of life and decrease the level of disability; (2) is intended to reduce the morbidity of arthritis, with priority on preventing and controlling arthritis in at-risk populations and reducing disparities in arthritis prevention, diagnosis, management, and quality of care in underserved populations; (3) describes the arthritis-related services and activities to be undertaken or supported by the entity; and (4) is developed in a manner that is consistent with the National Arthritis Action Plan or a subsequent strategic plan designated by the Secretary. (d) Use of funds \nAn eligible entity shall use amounts received under a grant awarded under subsection (a) to conduct, in a manner consistent with the comprehensive arthritis control and prevention plan submitted by the entity in the application under subsection (c)— (1) public health surveillance and epidemiological activities relating to the prevalence of arthritis and assessment of disparities in arthritis prevention, diagnosis, management, and care; (2) public information and education programs; and (3) education, training, and clinical skills improvement activities for health professionals, including allied health personnel. (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": "H3771204300FA421BBE41D0EAF00E463", "header": "State arthritis control and prevention programs" }, { "text": "315C. Comprehensive arthritis action grants \n(a) In general \nThe Secretary shall award grants on a competitive basis to eligible entities to enable such eligible entities to assist in the implementation of a national strategy for arthritis control and prevention. (b) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be a national public or private nonprofit entity. (c) Application \nTo be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will— (1) supplement or fulfill unmet needs identified in the comprehensive arthritis control and prevention plan of a State or Indian tribe; (2) otherwise help achieve the goals of the National Arthritis Action Plan or a subsequent strategic plan designated by the Secretary. (d) Priority \nIn awarding grants under this section, the Secretary shall give priority to eligible entities submitting applications proposing to carry out programs for controlling and preventing arthritis in at-risk populations or reducing disparities in underserved populations. (e) Use of funds \nAn eligible entity shall use amounts received under a grant awarded under subsection (a) for 1 or more of the following purposes: (1) To expand the availability of physical activity programs designed specifically for people with arthritis. (2) To provide awareness education to patients, family members, and health care providers, to help such individuals recognize the signs and symptoms of arthritis, and to address the control and prevention of arthritis. (3) To decrease long-term consequences of arthritis by making information available to individuals with regard to the self-management of arthritis. (4) To provide information on nutrition education programs with regard to preventing or mitigating the impact of arthritis. (f) Evaluation \nAn eligible entity that receives a grant under this section shall submit to the Secretary an evaluation of the operations and activities carried out under such grant that includes an analysis of increased utilization and benefit of public health programs relevant to the activities described in the appropriate provisions of subsection (e). (g) 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": "H735D83FB67E44AE3AB3EDA113026C4A2", "header": "Comprehensive arthritis action grants" }, { "text": "315D. National arthritis education and outreach \n(a) In general \nThe Secretary shall coordinate a national education and outreach program to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. (b) Initiatives and strategies \nInitiatives and strategies implemented under the program described in paragraph (1) may include public awareness campaigns, public service announcements, and community partnership workshops, as well as programs targeted at businesses and employers, managed care organizations, and health care providers. (c) Priority \nIn carrying out subsection (a), the Secretary— (1) may emphasize prevention, early diagnosis, and appropriate management of arthritis, and opportunities for effective patient self-management; and (2) shall give priority to reaching high-risk or underserved populations. (d) Collaboration \nIn carrying out this section, the Secretary shall consult and collaborate with stake-holders from the public, private, and nonprofit sectors with expertise relating to arthritis control, prevention, and treatment. (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": "H340402A6EF674929B139AA994BC05FF9", "header": "National arthritis education and outreach" }, { "text": "4. Expansion and coordination of activities of the National Institutes of Health with respect to research on arthritis \nTitle IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by inserting after section 439 the following: 439A. Arthritis and Rheumatic Diseases Interagency Coordinating Committee \n(a) In general \n(1) Establishment \nThe Secretary shall establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee (referred to in this section as the Coordinating Committee ). (2) Duties \nThe coordinating committee established under paragraph (1) shall— (A) provide for the improved coordination of the research activities of all the national research institutes relating to arthritis and rheumatic diseases; and (B) provide for full and regular communication and exchange of information necessary to maintain adequate coordination across all Federal health programs and activities related to arthritis and rheumatic diseases. (b) Arthritis and Rheumatic Diseases Interagency Coordinating Committee \n(1) Composition \nThe Coordinating Committee shall consist of members, appointed by the Secretary, of which— (A) 2/3 of such members shall represent governmental agencies, including— (i) the directors of each of the national research institutes and divisions involved in research regarding arthritis and rheumatic diseases (or the directors’ respective designees); and (ii) representatives of other Federal departments and agencies (as determined appropriate by the Secretary) whose programs involve health functions or responsibilities relevant to arthritis and rheumatic diseases, including the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Food and Drug Administration; and (B) 1/3 of such members shall be public members, including a broad cross section of persons affected by arthritis, researchers, clinicians, and representatives of voluntary health agencies, who— (i) shall serve for a term of 3 years; and (ii) may serve for an unlimited number of terms if reappointed. (2) Chairperson \n(A) Appointment \nThe Chairperson of the Coordinating Committee (referred to in this subsection as the Chairperson ) shall be appointed by and be directly responsible to the Secretary. (B) Duties \nThe Chairperson shall— (i) serve as the principal advisor to the Secretary, the Assistant Secretary for Health, and the Director of NIH on matters relating to arthritis and rheumatic diseases; and (ii) provide advice to the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the heads of other relevant Federal agencies, on matters relating to arthritis and rheumatic diseases. (3) Administrative support; meetings \n(A) Administrative support \nThe Secretary shall provide necessary and appropriate administrative support to the Coordinating Committee. (B) Meetings \nThe Coordinating Committee shall meet on a regular basis as determined by the Secretary, in consultation with the Chairperson. (c) Arthritis and Rheumatic Diseases Summit \n(1) In general \nNot later than 1 year after the date of enactment of the Arthritis Prevention, Control, and Cure Act of 2004 , the Coordinating Committee shall convene a summit of researchers, public health professionals, representatives of voluntary health agencies, representatives of academic institutions, and Federal and State policymakers, 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 Agency for Healthcare Research and Quality, and the Health Resources and Services Administration, related to research, prevention, and treatment of arthritis and rheumatic diseases. (2) Summit details \nThe summit developed under paragraph (1) shall focus on— (A) a broad range of research activities relating to biomedical, epidemiological, psychosocial, and rehabilitative issues, including studies of the impact of the diseases described in paragraph (1) in rural and underserved communities; (B) clinical research for the development and evaluation of new treatments, including new biological agents; (C) translational research on evidence-based and cost-effective best practices in the treatment, prevention, and management of the disease; (D) information and education programs for health care professionals and the public; (E) priorities among the programs and activities of the various Federal agencies regarding such diseases; and (F) challenges and opportunities for scientists, clinicians, patients, and voluntary organizations. (d) Report to Congress \nNot later than 180 days after the convening of the Arthritis and Rheumatic Diseases Summit under subsection (c)(1), the Director of NIH shall prepare and submit a report to Congress that includes proceedings from the summit and a description of arthritis research, education, and other activities that are conducted or supported through the national research institutes. (e) Public information \nThe Coordinating Committee shall make readily available to the public information about the research, education, and other activities relating to arthritis and other rheumatic diseases, conducted or supported by the National Institutes of Health. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this section..", "id": "HA867D5A15FA34D2CB7A94BB8545C80B3", "header": "Expansion and coordination of activities of the National Institutes of Health with respect to research on arthritis" }, { "text": "439A. Arthritis and Rheumatic Diseases Interagency Coordinating Committee \n(a) In general \n(1) Establishment \nThe Secretary shall establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee (referred to in this section as the Coordinating Committee ). (2) Duties \nThe coordinating committee established under paragraph (1) shall— (A) provide for the improved coordination of the research activities of all the national research institutes relating to arthritis and rheumatic diseases; and (B) provide for full and regular communication and exchange of information necessary to maintain adequate coordination across all Federal health programs and activities related to arthritis and rheumatic diseases. (b) Arthritis and Rheumatic Diseases Interagency Coordinating Committee \n(1) Composition \nThe Coordinating Committee shall consist of members, appointed by the Secretary, of which— (A) 2/3 of such members shall represent governmental agencies, including— (i) the directors of each of the national research institutes and divisions involved in research regarding arthritis and rheumatic diseases (or the directors’ respective designees); and (ii) representatives of other Federal departments and agencies (as determined appropriate by the Secretary) whose programs involve health functions or responsibilities relevant to arthritis and rheumatic diseases, including the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Food and Drug Administration; and (B) 1/3 of such members shall be public members, including a broad cross section of persons affected by arthritis, researchers, clinicians, and representatives of voluntary health agencies, who— (i) shall serve for a term of 3 years; and (ii) may serve for an unlimited number of terms if reappointed. (2) Chairperson \n(A) Appointment \nThe Chairperson of the Coordinating Committee (referred to in this subsection as the Chairperson ) shall be appointed by and be directly responsible to the Secretary. (B) Duties \nThe Chairperson shall— (i) serve as the principal advisor to the Secretary, the Assistant Secretary for Health, and the Director of NIH on matters relating to arthritis and rheumatic diseases; and (ii) provide advice to the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the heads of other relevant Federal agencies, on matters relating to arthritis and rheumatic diseases. (3) Administrative support; meetings \n(A) Administrative support \nThe Secretary shall provide necessary and appropriate administrative support to the Coordinating Committee. (B) Meetings \nThe Coordinating Committee shall meet on a regular basis as determined by the Secretary, in consultation with the Chairperson. (c) Arthritis and Rheumatic Diseases Summit \n(1) In general \nNot later than 1 year after the date of enactment of the Arthritis Prevention, Control, and Cure Act of 2004 , the Coordinating Committee shall convene a summit of researchers, public health professionals, representatives of voluntary health agencies, representatives of academic institutions, and Federal and State policymakers, 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 Agency for Healthcare Research and Quality, and the Health Resources and Services Administration, related to research, prevention, and treatment of arthritis and rheumatic diseases. (2) Summit details \nThe summit developed under paragraph (1) shall focus on— (A) a broad range of research activities relating to biomedical, epidemiological, psychosocial, and rehabilitative issues, including studies of the impact of the diseases described in paragraph (1) in rural and underserved communities; (B) clinical research for the development and evaluation of new treatments, including new biological agents; (C) translational research on evidence-based and cost-effective best practices in the treatment, prevention, and management of the disease; (D) information and education programs for health care professionals and the public; (E) priorities among the programs and activities of the various Federal agencies regarding such diseases; and (F) challenges and opportunities for scientists, clinicians, patients, and voluntary organizations. (d) Report to Congress \nNot later than 180 days after the convening of the Arthritis and Rheumatic Diseases Summit under subsection (c)(1), the Director of NIH shall prepare and submit a report to Congress that includes proceedings from the summit and a description of arthritis research, education, and other activities that are conducted or supported through the national research institutes. (e) Public information \nThe Coordinating Committee shall make readily available to the public information about the research, education, and other activities relating to arthritis and other rheumatic diseases, conducted or supported by the National Institutes of Health. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H35D040F918D64925B96DF5F656280085", "header": "Arthritis and Rheumatic Diseases Interagency Coordinating Committee" }, { "text": "5. Expansion, intensification, and innovation of research and public health activities related to juvenile arthritis \n(a) Juvenile arthritis initiative through the director of the National Institutes of Health \nPart A of title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by adding at the end the following: 404H. Juvenile arthritis initiative through the Director of the National Institutes of Health \n(a) Expansion and intensification of activities \n(1) In general \nThe Director of NIH, in coordination with the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, and the directors of the other national research institutes, as appropriate, shall expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning various forms of juvenile arthritis. (2) Coordination \nThe directors referred to in paragraph (1) shall jointly coordinate the programs referred to in such paragraph and consult with additional Federal officials, voluntary health associations, medical professional societies, and private entities as appropriate. (b) Planning grants and contracts for innovative research in juvenile arthritis \n(1) In general \nIn carrying out subsection (a)(1) the Director of NIH shall award planning grants or contracts for the establishment of new research programs, or enhancement of existing research programs, that focus on juvenile arthritis. (2) Research \n(A) Types of research \nIn carrying out this subsection, the Secretary shall encourage research that focus on genetics, on the development of biomarkers, and on pharmacological and other therapies. (B) Priority \nIn awarding planning grants or contracts under paragraph (1), the Director of NIH may give priority to collaborative partnerships, which may include academic health centers, private sector entities, and nonprofit organizations. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this section. Such authorization shall be in addition to any authorization of appropriations under any other provision of law to carry out juvenile arthritis activities or other arthritis-related research.. (b) Public Health and surveillance activities related to juvenile arthritis at the Centers for Disease Control and Prevention \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 320A the following: 320B. Surveillance and research regarding juvenile arthritis \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to and enter into cooperative agreements with public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. (b) Technical assistance \nIn awarding grants and entering into agreements under subsection (a), the Secretary may provide direct technical assistance in lieu of cash. (c) Coordination with NIH \nThe Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health. (d) Creation of a National Juvenile Arthritis Patient Registry \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national voluntary health organization with experience serving the juvenile arthritis population as well as the full spectrum of arthritis-related conditions, shall support the development of a National Juvenile Arthritis Patient Registry to collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis, as well as capturing information on evidence-based health outcomes related to specific therapies and interventions. (e) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "H1D7CDBFBBA814BC2AA84AC17EC567EF5", "header": "Expansion, intensification, and innovation of research and public health activities related to juvenile arthritis" }, { "text": "404H. Juvenile arthritis initiative through the Director of the National Institutes of Health \n(a) Expansion and intensification of activities \n(1) In general \nThe Director of NIH, in coordination with the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, and the directors of the other national research institutes, as appropriate, shall expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning various forms of juvenile arthritis. (2) Coordination \nThe directors referred to in paragraph (1) shall jointly coordinate the programs referred to in such paragraph and consult with additional Federal officials, voluntary health associations, medical professional societies, and private entities as appropriate. (b) Planning grants and contracts for innovative research in juvenile arthritis \n(1) In general \nIn carrying out subsection (a)(1) the Director of NIH shall award planning grants or contracts for the establishment of new research programs, or enhancement of existing research programs, that focus on juvenile arthritis. (2) Research \n(A) Types of research \nIn carrying out this subsection, the Secretary shall encourage research that focus on genetics, on the development of biomarkers, and on pharmacological and other therapies. (B) Priority \nIn awarding planning grants or contracts under paragraph (1), the Director of NIH may give priority to collaborative partnerships, which may include academic health centers, private sector entities, and nonprofit organizations. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this section. Such authorization shall be in addition to any authorization of appropriations under any other provision of law to carry out juvenile arthritis activities or other arthritis-related research.", "id": "HE4EC081B59A04373862664A0DACA70F3", "header": "Juvenile arthritis initiative through the Director of the National Institutes of Health" }, { "text": "320B. Surveillance and research regarding juvenile arthritis \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to and enter into cooperative agreements with public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. (b) Technical assistance \nIn awarding grants and entering into agreements under subsection (a), the Secretary may provide direct technical assistance in lieu of cash. (c) Coordination with NIH \nThe Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health. (d) Creation of a National Juvenile Arthritis Patient Registry \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national voluntary health organization with experience serving the juvenile arthritis population as well as the full spectrum of arthritis-related conditions, shall support the development of a National Juvenile Arthritis Patient Registry to collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis, as well as capturing information on evidence-based health outcomes related to specific therapies and interventions. (e) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H32EF3510142F451FA7D8F97075145E36", "header": "Surveillance and research regarding juvenile arthritis" }, { "text": "6. Investment in tomorrow’s pediatric rheumatologists \n(a) In general \nPart Q of title III of the Public Health Service Act ( 42 U.S.C. 280h et seq. ) is amended by adding at the end the following: 399AA. Investment in tomorrow’s pediatric rheumatologists \n(a) Enhanced support \nIn order to ensure an adequate future supply of pediatric rheumatologists, the Secretary, in consultation with the Administrator of the Health Resources and Services Administration, shall support activities that provide for— (1) an increase in the number and size of institutional training grants awarded to institutions to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to encourage academic institutions, private sector entities, and health agencies to promote educational training and fellowship opportunities for pediatric rheumatologists. (b) Authorization \nThere are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this section.. (b) Pediatric loan repayment program \nPart Q of title III of the Public Health Service Act ( 42 U.S.C. 280h et seq. ), as amended by subsection (a), is further amended by adding at the end the following: 399BB. Pediatric rheumatology loan repayment program \n(a) In general \nThe Secretary, in consultation with the Administrator of the Health Resources and Services Administration, may establish a pediatric rheumatology loan repayment program. (b) Program administration \nThrough the program established under subsection (a), the Secretary shall— (1) enter into contracts with qualified health professionals who are pediatric rheumatologists under which— (A) such professionals agree to provide health care in an area with a shortage of pediatric rheumatologists; and (B) the Federal Government agrees to repay, for each year of such service, not more than $25,000 of the principal and interest of the educational loans of such professionals; and (2) in addition to making payments under paragraph (1) on behalf of an individual, make payments to the individual for the purpose of providing reimbursement for tax liability resulting from the payments made under paragraph (1), in an amount equal to 39 percent of the total amount of the payments made for the taxable year involved. (c) Funding \n(1) In general \nFor the purpose of carrying out this section, the Secretary may reserve, from amounts appropriated for the Health Resources and Services Administration for the fiscal year involved, such amounts as the Secretary determines to be appropriate. (2) Availability of funds \nAmounts made available to carry out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which such amounts were made available..", "id": "HAAA831F96E6B4E30B7B349A223190075", "header": "Investment in tomorrow’s pediatric rheumatologists" }, { "text": "399AA. Investment in tomorrow’s pediatric rheumatologists \n(a) Enhanced support \nIn order to ensure an adequate future supply of pediatric rheumatologists, the Secretary, in consultation with the Administrator of the Health Resources and Services Administration, shall support activities that provide for— (1) an increase in the number and size of institutional training grants awarded to institutions to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to encourage academic institutions, private sector entities, and health agencies to promote educational training and fellowship opportunities for pediatric rheumatologists. (b) Authorization \nThere are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H59CBCCBE4B89446186C38E1919F28867", "header": "Investment in tomorrow’s pediatric rheumatologists" }, { "text": "399BB. Pediatric rheumatology loan repayment program \n(a) In general \nThe Secretary, in consultation with the Administrator of the Health Resources and Services Administration, may establish a pediatric rheumatology loan repayment program. (b) Program administration \nThrough the program established under subsection (a), the Secretary shall— (1) enter into contracts with qualified health professionals who are pediatric rheumatologists under which— (A) such professionals agree to provide health care in an area with a shortage of pediatric rheumatologists; and (B) the Federal Government agrees to repay, for each year of such service, not more than $25,000 of the principal and interest of the educational loans of such professionals; and (2) in addition to making payments under paragraph (1) on behalf of an individual, make payments to the individual for the purpose of providing reimbursement for tax liability resulting from the payments made under paragraph (1), in an amount equal to 39 percent of the total amount of the payments made for the taxable year involved. (c) Funding \n(1) In general \nFor the purpose of carrying out this section, the Secretary may reserve, from amounts appropriated for the Health Resources and Services Administration for the fiscal year involved, such amounts as the Secretary determines to be appropriate. (2) Availability of funds \nAmounts made available to carry out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which such amounts were made available.", "id": "H9815CD9E892145738CF52827DA44E61C", "header": "Pediatric rheumatology loan repayment program" }, { "text": "7. Career development awards in pediatric rheumatology \nPart G of title IV of the Public Health Service Act ( 42 U.S.C. 288 et seq. ) is amended— (1) by redesignating section 487F (as added by Public Law 106–505 ), as section 487G; (2) by inserting after section 487G (as so redesignated) the following: 487H. Career development awards in pediatric rheumatology \n(a) In general \nThe Secretary, in consultation with the Director of NIH, may establish a program to increase the number of career development awards for health professionals who intend to build careers in clinical and translational research relating to pediatric rheumatology. (b) Authorization of appropriations \nThere are appropriated such sums as may be necessary to carry out this section..", "id": "H03E772C462334546BFA0F4B2B085B1F2", "header": "Career development awards in pediatric rheumatology" }, { "text": "487H. Career development awards in pediatric rheumatology \n(a) In general \nThe Secretary, in consultation with the Director of NIH, may establish a program to increase the number of career development awards for health professionals who intend to build careers in clinical and translational research relating to pediatric rheumatology. (b) Authorization of appropriations \nThere are appropriated such sums as may be necessary to carry out this section.", "id": "H27476B92FA07437F8B89A5C2D6346310", "header": "Career development awards in pediatric rheumatology" }, { "text": "8. General accounting office study of arthritis and the workplace \n(a) Study and report \nNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the economic impact of arthritis in the workplace, and submit a report to the appropriate committees of Congress containing the results of the study. (b) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "HC3ECDD2724F0407886B9A08051BEE8BE", "header": "General accounting office study of arthritis and the workplace" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protection of Family Farmers Act of 2004.", "id": "H6AA3824AAA6944A9A6C20300F583C951", "header": "Short title" }, { "text": "2. Eighteen-month extension of period for which chapter 12 of title 11, United States Code, is reenacted \n(a) Amendments \nSection 149 of title I of division C of Public Law 105–277 ( 11 U.S.C. 1201 note) is amended— (1) by striking January 1, 2004 each place it appears and inserting July 1, 2005 ; and (2) in subsection (a)— (A) by striking June 30, 2003 and inserting December 31, 2003 ; and (B) by striking July 1, 2003 and inserting January 1, 2004. (b) Effective date \nThe amendments made by subsection (a) take effect on January 1, 2004.", "id": "H966A664507474B858FAD7637BCB5729D", "header": "Eighteen-month extension of period for which chapter 12 of title 11, United States Code, is reenacted" } ]

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

[ { "text": "1. Increased membership of certain combined Farm Service Agency county committees \nSection 8(b)(5)(B) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5)(B) ) is amended by adding at the end the following: (vi) Membership of combined farm service agency county committees \nNotwithstanding the numerical limitations of clause (ii), a county committee that results from the combination or consolidation of county, area, or local committees representing 3 or more counties shall consist of not fewer than 3 nor more than the applicable number of members who meet the requirements of clause (ii). For purposes of the preceding sentence, the applicable number is the sum of 1 and twice the number of counties represented by the members of the committee..", "id": "HC3691F27F8964DCAA8EDCE87059258FA", "header": "Increased membership of certain combined Farm Service Agency county committees" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Let Parents Raise Their Kids Act of 2004.", "id": "H27CFB2D9A47F4653B40000173BF602C5", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) The United States Preventive Services Task Force (USPSTF) issued findings and recommendation against screening for suicide that corroborate those of the Canadian Preventive Services Task Force. USPSTF found no evidence that screening for suicide risk reduces suicide attempts or mortality. There is limited evidence on the accuracy of screening tools to identify suicide risk in the primary care setting, including tools to identify those at high risk.. (2) The 1999 Surgeon General’s report on mental health admitted the serious conflicts in the medical literature regarding the definitions of mental health and mental illness when it said, In other words, what it means to be mentally healthy is subject to many different interpretations that are rooted in value judgments that may vary across cultures. The challenge of defining mental health has stalled the development of programs to foster mental health (Secker, 1998). …. (3) The Surgeon General’s report also says, The diagnosis of mental disorders is often believed to be more difficult than diagnosis of somatic or general medical disorders since there is no definitive laboratory test or abnormality in brain tissue that can identify the illness.. (4) Accurate mental health diagnosis of children is difficult as admitted by the Surgeon General’s report that says, The science is challenging because of the ongoing process of development. The normally developing child hardly stays the same long enough to make stable measurements. Adult criteria for illness can be difficult to apply to children and adolescents, when the signs and symptoms of mental disorders are often also the characteristics of normal development.. (5) Authors of the bible of psychiatric diagnosis, the Diagnostic and Statistical Manual, admit that the diagnostic criteria for mental illness are vague, saying, DSM-IV criteria remain a consensus without clear empirical data supporting the number of items required for the diagnosis. … Furthermore, the behavioral characteristics specified in DSM-IV, despite efforts to standardize them, remain subjective…. (American Psychiatric Association Committee on the Diagnostic and Statistical Manual (DSM–IV 1994), pp. 1162-1163). (6) Because of the subjectivity of psychiatric diagnosis, it is all too easy for a psychiatrist to label a person’s disagreement with the psychiatrist’s political beliefs a mental disorder. (7) At least one federally-funded school violence prevention program has suggested that a child who shares his or her parent’s traditional values may be likely to instigate school violence. (8) Despite many statements in the popular press and by groups promoting the psychiatric labeling and medication of children, that ADD/ADHD is due to a chemical imbalance in the brain, the 1998 National Institutes of Health Consensus Conference said, … further research is necessary to firmly establish ADHD as a brain disorder. This is not unique to ADHD, but applies as well to most psychiatric disorders, including disabling diseases such as schizophrenia. … Although an independent diagnostic test for ADHD does not exist. … Finally, after years of clinical research and experience with ADHD, our knowledge about the cause or causes of ADHD remains speculative.. (9) There has been a precipitous increase in the prescription rates of psychiatric drugs in children: (A) A 300-percent increase in psychotropic drug use in 2 to 4 year old children from 1991 to 1995 (Journal of the American Medical Association, 2000). (B) A 300-percent increase in psychotropic drug use in children from 1987 to 1996 (Archives of Pediatric & Adolescent Medicine, 2003). (C) More money was spent on psychiatric drugs for children than on antibiotics or asthma medication (Medco Trends, 2004). (10) A September 2004 Food and Drug Administration hearing found that more than two-thirds of studies of antidepressants given to depressed children showed that they were no more effective than placebo, or sugar pills, and that only the positive trials were published by the pharmaceutical industry. The lack of effectiveness of antidepressants has been known by the Food and Drug Administration since at least 2000 when, according to the Food and Drug Administration Background Comments on Pediatric Depression, Robert Temple of the Food and Drug Administration Office of Drug Evaluation acknowledged the preponderance of negative studies of antidepressants in pediatric populations. The Surgeon General’s report said of stimulant medication like Ritalin, However, psychostimulants do not appear to achieve long-term changes in outcomes such as peer relationships, social or academic skills, or school achievement.. (11) The Food and Drug Administration finally acknowledged in September 2004, that the newer antidepressants are related to suicidal thoughts and actions in children and that this data was hidden for years. The Food and Drug Administration had over 2000 reports of completed suicides from 1987 to 1995 for the drug Prozac alone, which by the agency’s own calculations represent but a fraction of the suicides. Prozac is the only such drug approved by the Food and Drug Administration for use in children. (12) Other possible side effects of psychiatric medication used in children include mania, violence, dependence, weight gain, and insomnia from the newer antidepressants; cardiac toxicity including lethal arrhythmias from the older antidepressants; growth suppression, psychosis, and violence from stimulants; and diabetes from the newer anti-psychotic medications. (13) Parents are already being coerced to put their children on psychiatric medications and some children are dying because of it. Universal or mandatory mental health screening and the accompanying treatments recommended by the President’s New Freedom Commission on Mental Health will only increase that problem. Across the country, Patricia Weathers, the Carroll Family, the Johnston Family, and the Salazar Family were all charged or threatened with child abuse charges for refusing or taking their children off of psychiatric medications. (14) The United States Supreme Court in Pierce versus Society of Sisters (268 U.S. 510 (1925)) held that parents have a right to direct the education and upbringing of their children. (15) Universal or mandatory mental health screening violates the right of parents to direct and control the upbringing of their children. (16) Federal funds should never be used to support programs that could lead to the increased over-medication of children, the stigmatization of children and adults as mentally disturbed based on their political or other beliefs, or the violation of the liberty and privacy of Americans by subjecting them to invasive mental health screening (the results of which are placed in medical records which are available to government officials and special interests without the patient’s consent).", "id": "H7838A21A2CB2412F9E564CABB8ED251C", "header": "Findings" }, { "text": "3. Prohibition against Federal funding of universal or mandatory mental health screening \n(a) Universal or mandatory mental health screening program \nNo Federal funds may be used to establish or implement any universal or mandatory mental health screening program. (b) Refusal to consent as basis of a charge of child abuse or education neglect \nNo Federal education funds may be paid to any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide express, written, voluntary, informed consent to mental health screening for his or her child as the basis of a charge of child abuse or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of a child abuse or education neglect charge. (c) Definition \nFor purposes of this Act, the term universal or mandatory mental health screening program — (1) means any mental health screening program in which a set of individuals (other than members of the Armed Forces or individuals serving a sentence resulting from conviction for a criminal offense) is automatically screened without regard to whether there was a prior indication of a need for mental health treatment; and (2) includes— (A) any program of State incentive grants for transformation to implement recommendations in the July 2003 report of the President’s New Freedom Commission on Mental Health; and (B) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.", "id": "H83A4097625AB45098C9EDFEC3408F22E", "header": "Prohibition against Federal funding of universal or mandatory mental health screening" } ]

[ { "text": "1. Findings \nThe Congress makes the following findings: (1) On July 22, 2004, the National Commission on Terrorist Attacks on the United States released its report that made 41 recommendations for the President and Congress to implement. (2) On August 21, 2004, the National Commission on Terrorist Attacks on the United States formally terminated. (3) Since issuing the final report and since the formal termination of the National Commission on Terrorist Attacks on the United States, individual members of the Commission have been testifying frequently before Congress on their recommendations and have been traveling the country promoting their recommendations. (4) Since the time and knowledge of the members of the National Commission on Terrorist Attacks on the United States are in constant demand by the Congress and the American people, the Commission's mandate should be extended an additional 18 months so the Congress may use the knowledge and resources of the members and their staff to implement the recommendations. (5) Some aspects of the September 11th terrorist attacks upon the United States still need to be investigated. (6) With an extension, the National Commission on Terrorist Attacks on the United States will have the opportunity to complete their investigations into those aspects, including the emergency personnel response to the attacks in New York City.", "id": "H8DAC6264FA6B450A9C41FF016153DB58", "header": "Findings" }, { "text": "2. Extension of National Commission on Terrorist Attacks on the United States \n(a) Extension of termination date \nSection 610(c) of the Intelligence Authorization Act for Fiscal Year 2003 ( Public Law 107–306 ; 6 U.S.C. 101 note; 116 Stat. 2413) is amended to read as follows: (c) Termination \nThe Commission, and all the authorities of this title, shall terminate on the date that is the earlier of— (1) the date on which the chairman and vice chairman of the Commission determine that the Commission has done all it can to assist Congress with respect to the recommendations contained in the final report submitted under subsection (b); or (2) July 24, 2007.. (b) Additional functions after submittal of final report \nSection 604(a) of the Intelligence Authorization Act for Fiscal Year 2003 ( Public Law 107–306 ; 6 U.S.C. 101 note; 116 Stat. 2409) is amended— (1) by striking and at the end of paragraph (2); (2) by changing the period at the end of paragraph (3) to a semicolon; and (3) by adding at the end the following new paragraphs: (4) serve as a resource to the President and Congress with respect to the findings and recommendations of the Commission contained in the final report submitted pursuant to section 610(b) and to monitor the progress of the President and Congress in implementing such recommendations; and (5) investigate and issue a supplemental improvements made, and improvements still required, in Federal, State, and local emergency communication and coordination.. (c) Conforming amendment to purposes of Commission \nSection 602 of the Intelligence Authorization Act for Fiscal Year 2003 ( Public Law 107–306 ; 6 U.S.C. 101 note; 116 Stat. 2408) is amended— (1) by striking and at the end of paragraph (4); (2) by changing the period at the end of paragraph (5) to a semicolon; and (3) by adding at the end the following new paragraphs: (6) to serve as a resource to the President and Congress, and to monitor the implementation of recommendations contained in the final report submitted pursuant to section 610(b); and (7) to investigate and issue a supplemental improvements made, and improvements still required, in Federal, State, and local emergency communication and coordination.. (d) Additional funding \nSection 611 of such Act ( 6 U.S.C. 101 note; 116 Stat. 2413) is amended_ (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Authorization of appropriations for post-final report activities \nIn addition to the amounts made available to the Commission under subsections (a) and (b), there is authorized to be appropriated $3,000,000 for each of fiscal years 2005 through 2007 to the Commission for purposes of the activities of the Commission under this title.. (e) Effective date \nThe amendments made by this section shall take effect July 24, 2004.", "id": "H7C3F3B6B27DE4133A1A6B3F1058B362F", "header": "Extension of National Commission on Terrorist Attacks on the United States" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Mercury-Free Vaccines Act of 2004.", "id": "HC0A91D9CA7224800A9EA2DE083472889", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) In July 1999, the Public Health Service and the American Academy of Pediatrics issued a joint statement, which was later endorsed by the American Academy of Family Physicians, proclaiming: [The] Public Health Service, the American Academy of Pediatrics, and vaccine manufacturers agree that thimerosal-containing vaccines should be removed as soon as possible. Similar conclusions were reached this year in a meeting attended by European regulatory agencies, the European vaccine manufacturers, and the US FDA which examined the use of thimerosal-containing vaccines produced or sold in European countries.. (2) In July 2000, the Public Health Service, the Advisory Commission on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians issued a joint statement, providing: The AAFP, [the] AAP, and the PHS in consultation with the ACIP reaffirm the goal set in July 1999 to remove or greatly reduce thimerosal from vaccines as soon as possible for the following reasons: 1) the removal or substantial reduction of thimerosal from vaccines is feasible, 2) the progress in removal which has been made to date is substantial, 3) the discussions between the Food and Drug Administration and the vaccine manufacturers in removing thimerosal are ongoing, and 4) the public concern about the use of mercury of any sort remains high. Based on information from the FDA and manufacturers, the PHS projects that the United States will complete its transition to a secure routine pediatric vaccine supply free of thimerosal as a preservative (i.e. at least two vaccine products each for Hep B, Hib, and DTaP) by the first quarter of 2001.. (3) The Institute of Medicine’s Immunization Review Committee concluded that significant reasons existed for continued public health attention to concerns about thimerosal exposure and neurodevelopmental disorders and recommended the removal of thimerosal from vaccines administered to children and pregnant women. (4) Federal regulatory agencies and manufacturers have taken positive steps to remove thimerosal from some medical products, most notably routinely administered childhood vaccines. (5) Considerable progress has been made in reducing mercury exposures from childhood vaccines, yet 5 years after the July 1999 statement, thimerosal remains in several nonroutinely administered childhood vaccines. (6) There is no law or regulation to prohibit the reintroduction of thimerosal into any products from which it has been removed, leaving open the possibility that it may be reintroduced at some point in the future. (7) The Environmental Protection Agency has estimated that as many as 1 in 6 infants are born with a blood mercury level that exceeds the Agency’s safety threshold. (8) Cumulative exposures to mercury, a neurotoxin, are known to cause harm, particularly in young children and pregnant women. (9) Taking steps to reduce mercury exposures through vaccines is an important way to reduce direct exposures to mercury and mercury compounds.", "id": "H88A597D064DA475EADB92CB3C94E79B", "header": "Findings" }, { "text": "3. Banned mercury-containing vaccines \n(a) Prohibition \nSection 501 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 ) is amended by adding at the end the following: (h) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act.. (b) Amendment to PHSA \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 351A the following: 351B. Banned mercury-containing vaccines \n(a) In general \nFor purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if— (1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (b) Public health emergency exception \n(1) Exception \nSubsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. (2) Declaration \nThe Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. (3) Limitation \nThe Secretary— (A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and (B) may not specify any such effective period that exceeds 12 months. (4) Renewals \nAt the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. (5) Publication \nThe Secretary shall promptly publish each declaration under this section in the Federal Register. (c) Effective dates \n(1) Mercury-containing vaccines \nIn the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: (A) July 1, 2004, if the vaccine is an influenza vaccine. (B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January–June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). (2) Thimerosal-containing vaccines \nIn the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007..", "id": "HE0E6EDA9E6BA4204A4B3CDF0BB48FC36", "header": "Banned mercury-containing vaccines" }, { "text": "351B. Banned mercury-containing vaccines \n(a) In general \nFor purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if— (1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (b) Public health emergency exception \n(1) Exception \nSubsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. (2) Declaration \nThe Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. (3) Limitation \nThe Secretary— (A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and (B) may not specify any such effective period that exceeds 12 months. (4) Renewals \nAt the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. (5) Publication \nThe Secretary shall promptly publish each declaration under this section in the Federal Register. (c) Effective dates \n(1) Mercury-containing vaccines \nIn the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: (A) July 1, 2004, if the vaccine is an influenza vaccine. (B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January–June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. (C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). (2) Thimerosal-containing vaccines \nIn the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007.", "id": "HF388EF2F827E4132BC007539008481DF", "header": "Banned mercury-containing vaccines" }, { "text": "4. Information on thimerosal content \nSection 2126 of the Public Health Service Act ( 42 U.S.C. 300aa–26 ) is amended by adding at the end the following: (e) Thimerosal content \nNot later than 2 months after the date of the enactment of this subsection, the Secretary shall revise the vaccine information materials developed and disseminated under this section to ensure that, in the case of any vaccine described in subsection (a) that contains thimerosal, the materials include— (1) a statement indicating the presence of thimerosal in the vaccine; (2) information on the availability of any thimerosal-free or thimerosal-reduced alternative vaccine and instructions on how to obtain such alternative vaccine; and (3) a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman..", "id": "H807279739EE944AC993151FD14006F70", "header": "Information on thimerosal content" }, { "text": "5. Sense of Congress \nIt is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should include, in any information disseminated by the Centers to the public or to health care providers relating to the administration of vaccines, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.", "id": "HD3CF0CBB6A2141C8B45563D535EBEF15", "header": "Sense of Congress" }, { "text": "6. Report to Congress \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit a report to the Congress annually on the progress of the Commissioner in removing mercury from vaccines.", "id": "HE9B479F4711547F4A89385DCD1766E5B", "header": "Report to Congress" } ]

[ { "text": "1. Grant to World Food Prize Foundation \n(a) Grant authorized \nThe Secretary of Agriculture may make a grant to the World Food Prize Foundation of Des Moines, Iowa, to assist the Foundation in covering renovation expenses related to its award of the World Food Prize, which honors individuals who make vital contributions to improving the quality, quantity, or availability of food throughout the world. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary $2,000,000 to make the grant authorized by subsection (a).", "id": "HFD5EA7A8B80947E58BE1A2123872CE6F", "header": "Grant to World Food Prize Foundation" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) On July 26, 1805, Constantino Brumidi was born in Rome, Italy of an Italian mother and a Greek father who inspired him with a love of liberty. (2) While Constantino Brumidi’s Greek ancestry stirred his passion for liberty and citizenship, his Italian heritage provided the art styles of the Renaissance and the Baroque which influenced the artwork of the United States Capitol. (3) Constantino Brumidi became a citizen of the United States as soon as he was able, embracing its history, values, and ideals. (4) Beginning in 1855, Constantino Brumidi designed and decorated one House and five Senate committee rooms in the Capitol, as well as the Senate Reception Room, the Office of the Vice President, and, most notably, the President’s Room, which represents Brumidi’s supreme effort “to make beautiful the Capitol” of the United States. (5) In 1865 Constantino Brumidi completed in just 11 months his masterpiece, “The Apotheosis of Washington,” in the eye of the Capitol dome. (6) In 1871 Constantino Brumidi created the first tribute to an African American in the Capitol when he placed the figure of Crispus Attucks at the center of his fresco of the Boston Massacre. (7) In 1878 Constantino Brumidi at the age of 72 and in poor health, began work on the Rotunda frieze, which chronicles the history of America. (8) On February 19, 1880, Constantino Brumidi died at the age of 74, four and a half months after slipping and nearly falling from a scaffold while working on the Rotunda frieze. (9) Constantino Brumidi, proud of his artistic accomplishments and devoted to his adopted country, said, “My one ambition and my daily prayer is that I may live long enough to make beautiful the Capitol of the one country on earth in which there is liberty.”. (10) Constantino Brumidi’s life and work exemplify the lives of millions of immigrants who came to pursue the American dream. (11) 2005 marks the bicentennial of Constantino Brumidi’s birth.", "id": "H7D003321BAFC48838706C307C6369685", "header": "Findings" }, { "text": "2. Congressional Gold Medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family of Constantino Brumidi, in recognition of the contributions of Constantino Brumidi to the Nation. (b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.", "id": "H97BF887061644646876593DBCA7EE0DB", "header": "Congressional Gold Medal" }, { "text": "3. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.", "id": "H038D4628BD0F4D82951BB8FF952B81F7", "header": "Duplicate medals" }, { "text": "4. Status of medals \n(a) National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "HAB2C987D4A824210A399AF23818C4139", "header": "Status of medals" }, { "text": "5. Authority to use fund amounts; proceeds of sale \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "HF4A7449A5A014AA500685DC0EBD0303", "header": "Authority to use fund amounts; proceeds of sale" } ]

[ { "text": "1. Placement of equestrian statue depicting Jacob Hamblin at Forest Service Kaibab Plateau Visitor Center, Jacob Lake, Arizona \n(a) Statue authorized \nThe Secretary of Agriculture shall authorize the Jacob Hamblin Legacy Organization to install a bronze equestrian statue depicting frontiersman, explorer, and missionary Jacob Hamblin on the grounds of the Forest Service Kaibab Plateau Visitor Center in Jacob Lake, Arizona. The authority to install the statue includes the authority to provide historical information regarding the life of Jacob Hamblin, either as part of the base of the statue or a nearby display. (b) Location of statue \nThe statue authorized by subsection (a) shall be installed in a prominent location in front of the visitor center so that the statue is visible from both Highway 67 and Highway 89 Alt. (c) Design approvals \nThe statue authorized by subsection (a) shall be at least life size. The actual design of the statue, and the historical information to be provided as part of the statue, 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 statue authorized by subsection (a), to acquire the statue, to prepare the site selected for the statue, or to install the statue. (e) Suspension for misrepresentation in fundraising \nThe Secretary may suspend the authority of the Jacob Hamblin Legacy Organization to place the statue at the visitor center if the Secretary determines that fundraising efforts relating to the statue have misrepresented an affiliation of the Jacob Hamblin Legacy Organization with the Federal Government. (f) Annual Report \nUntil the statue authorized by subsection (a) is installed, the Jacob Hamblin Legacy Organization shall submit to the Secretary an annual report of operations related to fundraising efforts for the statue and progress on the placement of the statue at the visitor center. (g) Maintenance \nUpon installation of the statue authorized by subsection (a) at the visitor center, the Secretary shall assume responsibility for the maintenance of the statue. The Secretary may accept contributions for the maintenance of the statue from the Jacob Hamblin Legacy Organization or other persons. Amounts accepted under this subsection shall be merged with other funds available to the Secretary for the operation and maintenance of the visitor center.", "id": "H843F41CB208741A08D4D1B82131E714C", "header": "Placement of equestrian statue depicting Jacob Hamblin at Forest Service Kaibab Plateau Visitor Center, Jacob Lake, Arizona" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Dietary Supplement Regulatory Implementation Act of 2004.", "id": "HF6A249B16D5E4021B3ADE08B16043317", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration ( FDA ) the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ) ( DSHEA ) was enacted. That Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non-misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA provides that dietary supplements are to be regulated like foods and not drugs or food additives. (8) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (9) DSHEA provides the FDA with a number of powers to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President’s budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA.", "id": "H2143500CE6CA4AE2BEE900B68F1E169D", "header": "Findings" }, { "text": "3. Authorization and appropriation of resources \n(a) Authorization of appropriations \nThere are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )— (1) $30,000,000 for fiscal year 2006; (2) $40,000,000 for fiscal year 2007; (3) $50,000,000 for fiscal year 2008; and (4) $65,000,000 for fiscal year 2009. (b) Appropriation of funds for fiscal year 2005 \nThere is appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), $20,000,000 for fiscal year 2005. (c) Office of dietary supplements \n(1) Authorization of appropriations \nThere are authorized to be appropriated for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health such sums as may be necessary for each of the fiscal years 2006 through 2009. (2) Appropriation of funds for fiscal year 2005 \nThere is appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health $30,000,000 for fiscal year 2005. (d) Use of funds \nThe Secretary of Health and Human Services shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements.", "id": "H49EFB8997EEC468BA397C603541E0670", "header": "Authorization and appropriation of resources" }, { "text": "4. Annual accountability report on the regulation of dietary supplements \n(a) In general \nNot later than January 31, 2006, and annually thereafter, the Secretary shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ). (b) Contents \nThe report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency’s response. (9) The number of dietary supplement claims determined to be false, misleading, or unsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary.", "id": "HCF4353DF0D6B47DDB1A6C2D37B008310", "header": "Annual accountability report on the regulation of dietary supplements" }, { "text": "5. Dietary supplements containing ephedrine alkaloids \n(a) Findings \nThe Congress finds that— (1) dietary supplements containing ephedrine alkaloids may present a significant or unreasonable risk of illness or injury; and (2) through section 402(f) of the Federal Food, Drug, and Cosmetic Act (established by the Dietary Supplement Health and Education Act of 1994), the Congress has granted the Secretary the authority to remove from the market dietary supplements that present such a risk. (b) Sense of Congress regarding risk of illness or injury \nIt is the sense of the Congress that, in the event the Secretary determines under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a dietary supplement containing ephedrine alkaloids presents a significant or unreasonable risk of illness or injury— (1) all dietary supplements containing such alkaloids should be declared to be adulterated in accordance with such section; and (2) the Secretary should take all necessary actions to remove all such supplements from the market. (c) Sense of Congress regarding botanical sources \nIt is the sense of the Congress that the Secretary should take steps to assure the continued availability of botanical sources of ephedrine alkaloids that— (1) are in forms that have not been manipulated or chemically altered to increase their ephedrine alkaloid concentration or content; (2) are marketed at dosages that are substantiated to be at levels used in traditional herbal formulas; and (3) are labeled only for traditional uses and not for weight loss or energy.", "id": "H772648BB16F94C63AA5C71D65787EF00", "header": "Dietary supplements containing ephedrine alkaloids" }, { "text": "6. Education programs regarding dietary supplements \n(a) Health care professionals \n(1) In general \nThe Secretary shall carry out a program to educate health professionals on the safety and health benefits of dietary supplements, including the potential for dietary supplement/drug interactions. (2) Authorization of appropriations \nFor the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose. (b) Consumers \n(1) In general \nThe Secretary shall carry out a program to educate consumers of dietary supplements on the safety and health benefits of the dietary supplements, including the potential for dietary supplement/drug interactions through public education forums, advertisements, and the Internet. (2) Authorization of appropriations \nFor the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose.", "id": "H84E54238876140CABF26B3F5361854DD", "header": "Education programs regarding dietary supplements" }, { "text": "7. Adverse event reporting system \nThe Secretary shall establish a system for the requirements for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product.", "id": "H7245F6E578CC401CAD5835154ECA4188", "header": "Adverse event reporting system" }, { "text": "8. Definition \nFor purposes of this Act, the term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.", "id": "H070475210DE8400A000081E245312C00", "header": "Definition" } ]

[ { "text": "1. Acceptance of alternative lands and extinguishment of claims \n(a) Definitions \nFor the purposes of this Act, the following definitions apply: (1) Alternative lands \nThe term alternative lands means those lands located in the city of Romulus, Michigan, and identified as alternative lands in the Settlement of Land Claim. (2) Charlotte beach lands \nThe term Charlotte Beach lands means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of Section 7, T45N, R2E, and Lot 1 of Section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Settlement of land claim \nThe term Settlement of Land Claim means the agreement between the Tribe and the Governor of the State of Michigan executed on December 30, 2002, and filed with the Office of Secretary of State of the State of Michigan. (5) Tribe \nThe term Tribe means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe. (b) Land into trust; part of reservation \n(1) Land into trust \nThe Secretary shall take the alternative lands into trust for the benefit of the Tribe within 30 days of receiving a title insurance policy for the alternative lands which shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests. (2) Part of reservation \nThe alternative lands shall become part of the Tribe’s reservation immediately upon attaining trust status. (c) Gaming \nThe alternative lands shall be taken into trust as provided in this section as part of the settlement and extinguishment of the Tribe’s Charlotte Beach land claims, and so shall be deemed lands obtained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(i) ). (d) Extinguishment of claims \nUpon the date of enactment of this Act, any and all claims by the Tribe to the Charlotte Beach lands or against the United States, the State of Michigan or any subdivision thereof, the Governor of the State of Michigan, or any other person or entity by the Tribe based on or relating to claims to the Charlotte Beach lands (including without limitation, claims for trespass damages, use, or occupancy), whether based on aboriginal or recognized title, are hereby extinguished. The extinguishment of these claims is in consideration for the benefits to the Tribe under this Act. (e) Effectuation and ratification of agreement \n(1) Ratification \nThe United States approves and ratifies the Settlement of Land Claim. (2) Not precedent \nThe provisions contained in the Settlement of Land Claim are unique and shall not be considered precedent for any future agreement between any Indian tribe and State. (3) Enforcement \nThe Settlement of Land Claim shall be enforceable by either the Tribe or the Governor according to its terms. Exclusive jurisdiction over any enforcement action is vested in the United States District Court for the Western District of Michigan.", "id": "HF2F71919CFAD4D3F828900D94893E12F", "header": "Acceptance of alternative lands and extinguishment of claims" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Health Insurance Affordability Act of 2004.", "id": "H354209C9645249F3930774DD62DC001F", "header": "Short title" }, { "text": "2. Deduction for qualified health insurance costs of individuals \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. Costs of qualified health insurance \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). (c) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance 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). (2) Deduction not allowed for self-employment tax purposes \nThe deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.. (b) Deduction allowed in computing adjusted gross income \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Costs of qualified health insurance \nThe deduction allowed by section 224.. (c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Costs of qualified health insurance Sec. 225. Cross reference (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HE845DFEF03394FAA9604CA00A71295F0", "header": "Deduction for qualified health insurance costs of individuals" }, { "text": "224. Costs of qualified health insurance \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). (c) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance 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). (2) Deduction not allowed for self-employment tax purposes \nThe deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.", "id": "H46D90FFFAF2A4E839C7F7EF2F00076A9", "header": "Costs of qualified health insurance" } ]

[ { "text": "1. Methacrylamido etheleneurae monomer \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.42 Methacrylamido etheleneurae monomer (CAS No. 3089-19-8) (provided for in subheading 3824.90.91) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Methacrylamido etheleneurae monomer" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair Vaccine Price Act of 2004.", "id": "HB67D5D75833D49DC8CB79798F3DCFDF8", "header": "Short title" }, { "text": "2. Prohibition against price gouging during a shortage of a covered vaccine \n(a) Prohibition \nNo person shall introduce or deliver for introduction into interstate commerce any covered vaccine with a price in violation of this section. (b) Unlawful price \nThe price of a covered vaccine is in violation of this section if— (1) at the time the vaccine is offered for sale at such price— (A) there is in effect a declaration of a shortage of the vaccine under subsection (c); or (B) the seller knows or has substantial reason to believe there will be a shortage of the vaccine within a period of 60 days, and not later than the end of such period there is in effect a declaration of a shortage of the vaccine under subsection (c); and (2) the price of the vaccine per dose is at least 150 percent of the baseline price of the vaccine per dose (as determined under subsection (d)). (c) Declaration of vaccine shortage \nFor any period for which the Secretary of Health and Human Services determines there will be a shortage of a covered vaccine, the Secretary may declare a shortage of that vaccine for purposes of this Act. (d) Baseline price determination \n(1) In general \nSubject to paragraph (2), the baseline price of a covered vaccine per dose is— (A) the average price of the brand of vaccine per dose offered for sale by the seller on the date that is 60 days before the effective date of the applicable declaration under subsection (c); (B) if the seller did not offer for sale the brand of vaccine on the date described in subparagraph (A), the average price of the brand of vaccine per dose offered by the seller during the 12-month period preceding such date; or (C) if the seller did not offer for sale the brand of vaccine on the date described in paragraph (1)(A) or during the period described in paragraph (1)(B), the price determined by the Secretary under paragraph (3). (2) Exception \nIf the Secretary finds that the average price of a covered vaccine is substantially different at the time of a declaration of a shortage of that vaccine under subsection (c) than the average price of the vaccine during the 12-month period preceding such declaration because of factors wholly unrelated to the causes of the shortage, the Secretary may determine an appropriate baseline price of the vaccine. (3) Timing of determinations by Secretary \nAt the time of declaring a shortage of a covered vaccine under subsection (c), the Secretary shall determine an appropriate baseline price of the vaccine per dose for purposes of paragraph (1)(C) and, if applicable, for purposes of paragraph (2). (e) Penalties \n(1) In general \nAny person who violates subsection (a) shall be imprisoned for not more than 30 days, fined in the amount described in paragraph (2), or both. Each violation of subsection (a) respecting a separate dose of a covered vaccine constitutes a separate offense. (2) Amount \nThe amount of a fine under paragraph (1) shall be, for each dose of covered vaccine sold at a price in violation of this section, 3 times the amount of the difference between such price and the applicable baseline price. (f) Citizen suits \n(1) In general \nExcept as provided in paragraph (2), any person may commence a civil action on his own behalf to compel compliance with subsection (a) against any person (including the United States and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) for any alleged violation of subsection (a). The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to compel compliance with such subsection. (2) Notice required \nNo action may be commenced under this subsection— (A) prior to 30 days after the plaintiff has given notice of the alleged violation (in such manner as the Secretary may require) to the Secretary and to each alleged violator of subsection (a); or (B) if the Secretary or the Attorney General of the United States has commenced and is diligently prosecuting a criminal or civil action in a court of the United States to require each such alleged violator to comply with subsection (a), but in any such civil action in a court of the United States any person may intervene as a matter of right. (3) Intervention \nIn any action under this subsection, the Secretary or the Attorney General of the United States, if not a party, may intervene as a matter of right. (4) Award of costs \nThe court, in issuing any final order in any action brought under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. (g) Action for damages \nIf a person purchases a covered vaccine at a price in violation of this section, the person may bring a civil action against the seller of the vaccine in a district court of the United States to recover— (1) the amount that is 3 times the amount of the difference between such price and the applicable baseline price; and (2) the costs of the action (including reasonable attorney and expert witness fees). (h) No preemption \nNothing in this Act shall be construed as— (1) affecting the authority of a State to regulate the distribution and sale of vaccines; or (2) restricting the right of any person (or class of persons) under any statute or common law to seek enforcement of a requirement relating to the distribution or sale of a vaccine or to seek any other relief. (i) Definitions \nFor purposes of this Act: (1) The term covered vaccine means a vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent. (2) The term Secretary means the Secretary of Health and Human Services.", "id": "HD5D3CE82880345709B1CFA45AB04D6D1", "header": "Prohibition against price gouging during a shortage of a covered vaccine" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in California \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in California \nNo part of the MSA is in California..", "id": "H7CEEF702B6CE4226AD06F433C01C4D5", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in California" } ]

[ { "text": "1. Section 522 of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (division H of the Consolidated Appropriations Act, 2005), is amended to read as follows: 522. Each agency shall have a Chief Privacy Officer, who shall assist the agency Chief Information Officer (designated under section 3506 of title 44, United States Code) in matters relating to the use, collection, and disclosure of personally identifiable information..", "id": "H9B010187C56C42AAA8BA8C029DE6EB6E", "header": null }, { "text": "522. Each agency shall have a Chief Privacy Officer, who shall assist the agency Chief Information Officer (designated under section 3506 of title 44, United States Code) in matters relating to the use, collection, and disclosure of personally identifiable information.", "id": "HA386C44B65454759BD0600418CB41D6", "header": null } ]

[ { "text": "1. Short title \nThis Act may be cited as the Furthering Education and Research through Mantis Improvements Act or the FERMI Act.", "id": "HF086F0EC55B24A1CAA12C6005FC32DBE", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) One-third of the Nobel Prizes awarded to citizens of the United States have been won by foreign-born individuals who became naturalized citizens before or after winning the award, including Enrico Fermi, who won the Nobel Prize in Physics in 1938, and Albert Einstein, who won the Nobel Prize in Physics in 1921. (2) Individuals wishing to come to the United States as nonimmigrants to study or work temporarily in the life sciences, physical sciences, or engineering are required to undergo and pass a security check known as a Visas Mantis, which is designed to protect against illegal transfers of sensitive technology. Many of these foreign-born individuals subsequently become permanent residents and citizens of the United States. (3) Nonimmigrant alien students earn a high percentage of doctoral degrees conferred in the sciences. A National Science Foundation report in 2002 noted that nonimmigrant aliens account for 30 percent of doctoral degrees conferred in the life sciences, 37 percent conferred in the physical sciences, and 52 percent conferred in engineering. (4) The United States relies heavily upon nonimmigrant alien post-doctoral fellows for university teaching and research. Fifty-six percent of post-doctoral fellows in the life sciences are nonimmigrant aliens, 67 percent in the physical sciences are nonimmigrant aliens, 69 percent in engineering are nonimmigrant aliens. (5) The Council of Graduate Schools reported in March 2004 that 90 percent of United States graduate schools suffered a serious decline in applications from nonimmigrant aliens for the academic year beginning in September 2004. Applications declined across all fields, but most precipitously in the fields subject to Visas Mantis security checks.", "id": "HD234209D71D646E1864D98A8D889003B", "header": "Findings" }, { "text": "3. Improvements in the Visas Mantis security check program \n(a) Improved guidance, refinement of Technology Alert List, and data system interoperability \n(1) Improved guidance \nThe Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of the Office of Science and Technology Policy within the Executive Office of the President, shall provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program, including information regarding— (A) the specific conditions under which a security check should be provided; (B) the specific information required to be submitted by the consular officer to the Department of State to ensure a timely response to a request for a security check; and (C) a method for estimating the approximate processing time for a security check associated with a particular applicant. (2) Refinement of Technology Alert List \nThe Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, shall provide greater specificity in the Technology Alert List used under the Program. (3) Data system interoperability \nThe Secretary of State and the Director of the Federal Bureau of Investigation shall make fully interoperable the data systems used under the Program in order to facilitate the transmission of data between the Department of State and the Federal Bureau of Investigation in conducting the Program. (4) Progress report \nNot later than six months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that describes progress made in implementing this subsection. (b) Period and revalidation of security checks; multiple entries under security checks \n(1) Three-year validity period \nExcept as provided in paragraph (5), the validity period of a security check (including a revalidation of a security check) shall be three years. (2) Revalidation permitted in the United States \nExcept as provided in paragraph (5), a security check may be revalidated in the United States on or before the date of the expiration of the previous check. (3) Multiple entries permitted \nExcept as provided in paragraph (5), a nonimmigrant visa for which a security check is required shall be valid for multiple entries in the same manner in which multiple entries are permitted under such a visa for which a security check is not required. (4) Portability of security check across changes in nonimmigrant classification \nExcept as provided in paragraph (5), a security check issued with respect to an individual classified within a nonimmigrant classification shall remain valid with respect to a change of the individual to another nonimmigrant classification so long as the security check approved in connection with the first classification is in substantially the same field as the field involved in the subsequent classification. (5) Exception \nParagraphs (1), (2), (3), and (4) shall not apply with respect to an applicant for a security check insofar as the Secretary of State determines that the application of such paragraph with respect to such applicant is not in the national security interests of the United States. (6) Effective dates \n(A) Validity period and revalidation \nParagraphs (1) and (2), and paragraph (5) insofar as it relates to such paragraphs, shall apply to security checks granted or revalidated on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (B) Multiple entries \nParagraph (3), and paragraph (5) insofar as it relates to such paragraph, shall apply to visas issued on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (C) Changes in nonimmigrant classification \nParagraph (4), and paragraph (5) insofar as it relates to such paragraph, shall apply to changes in nonimmigrant classification occurring on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (c) Annual reports on the operation of the Program \nThe Secretary of State shall submit to Congress an annual report on the Program. Each annual report shall include information on— (1) further progress in implementing subsection (a); (2) the number of individuals in each nonimmigrant visa classification (under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) )) for whom a security check has been provided, the number of such individuals who have been approved for a visa after such a check, and the distribution of such individuals by country of nationality; and (3) average processing time to complete security checks for applicants in each such nonimmigrant visa classification for each country of nationality. (d) Visas Mantis security check program and check defined \nFor purposes of this section: (1) The terms Visas Mantis security check program and Program mean the program that implements the requirements of section 212(a)(3)(A)(i)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i)(II) ) (relating to the exclusion of nonimmigrants who may unlawfully export goods, technology, or sensitive information). (2) The term security check means a security clearance under the Program.", "id": "H0D634D3DC34A4834B966BFF5968A188", "header": "Improvements in the Visas Mantis security check program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the North Korean Human Rights Act of 2004.", "id": "H358F24C4E59D43C6AA479F36087EF828", "header": "Short title" }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of contents Sec. 3. Findings Sec. 4. Purposes Sec. 5. Definitions Title I—Promoting the Human Rights of North Koreans Sec. 101. Sense of congress regarding negotiations with North Korea Sec. 102. Support for human rights and democracy programs Sec. 103. Radio broadcasting to North Korea Sec. 104. Actions to promote freedom of information Sec. 105. United Nations Commission on Human Rights Title II—Assisting North Koreans in Need Sec. 201. Report on United States humanitarian assistance Sec. 202. Assistance provided inside North Korea Sec. 203. Assistance provided outside of North Korea Title III—Protecting North Korean Refugees Sec. 301. United States policy toward refugees and defectors Sec. 302. Eligibility for refugee or asylum consideration Sec. 303. Refugee status Sec. 304. Pursuit of first asylum policy Sec. 305. United Nations High Commissioner for Refugees Sec. 306. Humanitarian parole Sec. 307. North Korean status adjustment Sec. 308. Temporary protected status Sec. 309. Right to accept employment Sec. 310. Annual reports", "id": "H97F4248A83F24B1AB269DF67F99FBE1D", "header": "Table of contents" }, { "text": "3. Findings \nCongress makes the following findings: (1) According to the Department of State, the Government of North Korea is a dictatorship under the absolute rule of Kim Jong Il that continues to commit numerous, serious human rights abuses. (2) The Government of North Korea attempts to control all information, artistic expression, academic works, and media activity inside North Korea and strictly curtails freedom of speech and access to foreign broadcasts. (3) The Government of North Korea subjects all its citizens to systematic, intensive political and ideological indoctrination in support of the cult of personality glorifying Kim Jong Il and the late Kim Il Sung that approaches the level of a state religion. (4) The Government of North Korea divides its population into categories, based on perceived loyalty to the leadership, which determines access to employment, higher education, place of residence, medical facilities, and other resources. (5) According to the Department of State, [t]he [North Korean] Penal Code is [d]raconian, stipulating capital punishment and confiscation of assets for a wide variety of ‘crimes against the revolution,’ including defection, attempted defection, slander of the policies of the Party or State, listening to foreign broadcasts, writing ‘reactionary’ letters, and possessing reactionary printed matter. (6) The Government of North Korea executes political prisoners, opponents of the regime, some repatriated defectors, some members of underground churches, and others, sometimes at public meetings attended by workers, students, and schoolchildren. (7) The Government of North Korea holds an estimated 200,000 political prisoners in camps that its State Security Agency manages through the use of forced labor, beatings, torture, and executions, and in which many prisoners also die from disease, starvation, and exposure. (8) According to eyewitness testimony provided to the United States Congress by North Korean camp survivors, camp inmates have been used as sources of slave labor for the production of export goods, as targets for martial arts practice, and as experimental victims in the testing of chemical and biological poisons. (9) According to credible reports, including eyewitness testimony provided to the United States Congress, North Korean Government officials prohibit live births in prison camps, and forced abortion and the killing of newborn babies are standard prison practices. (10) According to the Department of State, [g]enuine religious freedom does not exist in North Korea and, according to the United States Commission on International Religious Freedom, [t]he North Korean state severely represses public and private religious activities with penalties that reportedly include arrest, imprisonment, torture, and sometimes execution. (11) More than 2,000,000 North Koreans are estimated to have died of starvation since the early 1990s because of the failure of the centralized agricultural and public distribution systems operated by the Government of North Korea. (12) According to a 2002 United Nations-European Union survey, nearly one out of every ten children in North Korea suffers from acute malnutrition and four out of every ten children in North Korea are chronically malnourished. (13) Since 1995, the United States has provided more than 2,000,000 tons of humanitarian food assistance to the people of North Korea, primarily through the World Food Program. (14) Although United States food assistance has undoubtedly saved many North Korean lives and there have been minor improvements in transparency relating to the distribution of such assistance in North Korea, the Government of North Korea continues to deny the World Food Program forms of access necessary to properly monitor the delivery of food aid, including the ability to conduct random site visits, the use of native Korean-speaking employees, and travel access throughout North Korea. (15) The risk of starvation, the threat of persecution, and the lack of freedom and opportunity in North Korea have caused many thousands, perhaps even hundreds of thousands, of North Koreans to flee their homeland, primarily into China. (16) North Korean women and girls, particularly those who have fled into China, are at risk of being kidnapped, trafficked, and sexually exploited inside China, where many are sold as brides or concubines, or forced to work as prostitutes. (17) The Governments of China and North Korea have been conducting aggressive campaigns to locate North Koreans who are in China without permission and to forcibly return them to North Korea, where they routinely face torture and imprisonment, and sometimes execution. (18) Despite China's obligations as a party to the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees China routinely classifies North Koreans seeking asylum in China as mere economic migrants and returns them to North Korea without regard to the serious threat of persecution they face upon their return. (19) The Government of China does not provide North Koreans whose asylum requests are rejected a right to have the rejection reviewed prior to deportation despite the recommendations of the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees that such a right be granted. (20) North Koreans who seek asylum while in China are routinely imprisoned and tortured, and in some cases killed, after they are returned to North Korea. (21) The Government of China has detained, convicted, and imprisoned foreign aid workers attempting to assist North Korean refugees, including the Reverend Choi Bong Il and Mr. Kim Hee Tae, in proceedings that did not comply with Chinese law or international standards. (22) In January 2000, North Korean agents inside China allegedly abducted the Reverend Kim Dong-shik, a United States permanent resident and advocate for North Korean refugees, whose condition and whereabouts remain unknown. (23) Between 1994 and 2003, South Korea has admitted approximately 3,800 North Korean refugees for domestic resettlement, a number small in comparison with the total number of North Korean escapees, but far greater than the number legally admitted by any other country. (24) Although the principal responsibility for North Korean refugee resettlement naturally falls to the Government of South Korea, the United States should play a leadership role in focusing international attention on the plight of these refugees, formulating international solutions to that profound humanitarian dilemma, and making prudent arrangements to accept a credible number of refugees for domestic resettlement. (25) In addition to infringing the rights of its own citizens, the Government of North Korea has been responsible in years past for the abduction of numerous citizens of South Korea and Japan, whose condition and whereabouts remain unknown.", "id": "H9CF0F25A03334D4384C4334FF89EC200", "header": "Findings" }, { "text": "4. Purposes \nThe purposes of this Act are— (1) to promote respect for and protection of fundamental human rights in North Korea; (2) to promote a more durable humanitarian solution to the plight of North Korean refugees; (3) to promote increased monitoring, access, and transparency in the provision of humanitarian assistance inside North Korea; (4) to promote the free flow of information into and out of North Korea; and (4) to promote progress toward the peaceful reunification of the Korean peninsula under a democratic system of government.", "id": "HFCD1D49D28AF4920A178236C76DFB6AA", "header": "Purposes" }, { "text": "5. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on International Relations of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) China \nThe term China means the People’s Republic of China. (3) Humanitarian assistance \nThe term humanitarian assistance means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter. (4) North korea \nThe term North Korea means the Democratic People’s Republic of Korea. (5) North koreans \nThe term North Koreans means persons who are citizens or nationals of North Korea. (6) South korea \nThe term South Korea means the Republic of Korea.", "id": "H516EA8C7FE9847BAA454866D62D781DA", "header": "Definitions" }, { "text": "101. Sense of congress regarding negotiations with North Korea \nIt is the sense of Congress that the human rights of North Koreans should remain a key concern in future negotiations between the United States, North Korea, and other concerned parties in Northeast Asia.", "id": "HB18E40DFA4E34FC9B470D1254F14928D", "header": "Sense of congress regarding negotiations with North Korea" }, { "text": "102. Support for human rights and democracy programs \n(a) Support \nThe President is authorized to provide grants to private, nonprofit organizations to support programs that promote human rights, democracy, rule of law, and the development of a market economy in North Korea. (b) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.", "id": "H63E7208E3EC64D1297F091510A84809", "header": "Support for human rights and democracy programs" }, { "text": "103. Radio broadcasting to North Korea \n(a) Sense of congress \nIt is the sense of Congress that the United States should facilitate the unhindered dissemination of information in North Korea by increasing its support for radio broadcasting to North Korea, and that the Broadcasting Board of Governors should increase broadcasts to North Korea from current levels, with a goal of providing 12-hour-per-day broadcasting to North Korea, including broadcasts by Radio Free Asia and Voice of America. (b) Report \nNot later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report that— (1) describes the status of current United States broadcasting to North Korea; and (2) outlines a plan for increasing such broadcasts to 12 hours per day, including a detailed description of the technical and fiscal requirements necessary to implement the plan.", "id": "HC3DCCF78DFE44BDFA1633D3F68AA49C0", "header": "Radio broadcasting to North Korea" }, { "text": "104. Actions to promote freedom of information \n(a) Actions \nThe President is authorized to take such actions as may be necessary to increase the availability of information inside North Korea by increasing the availability of sources of information not controlled by the Government of North Korea, including sources such as radios capable of receiving broadcasting from outside North Korea. (b) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 to carry out subsection (a). (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. (c) Report \nNot later than 1 year after the date of the enactment of this Act, and in each of the 3 years thereafter, the Secretary of State, after consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report, in classified form, on actions taken pursuant to this section.", "id": "HA119B53A8CE3468E928D6CB37B89600", "header": "Actions to promote freedom of information" }, { "text": "105. United Nations Commission on Human Rights \nIt is the sense of Congress that the United Nations has a significant role to play in promoting and improving human rights in North Korea, that the adoption by the United Nations Commission on Human Rights of Resolution 2003/10 on the situation of human rights in North Korea was a positive step, and that the severe human rights violations within North Korea warrant— (1) an additional country-specific resolution by the United Nations Commission on Human Rights that includes the language necessary to authorize the appointment of a Special Rapporteur of the United Nations Commission on Human Rights on the situation of human rights in North Korea; and (2) country-specific attention and reporting by the United Nations Working Group on Arbitrary Detention, the Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Right to Food, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Special Rapporteur on Freedom of Religion or Belief, and the Special Rapporteur on Violence Against Women.", "id": "H55FF652936AD4CF9A73DE18010342385", "header": "United Nations Commission on Human Rights" }, { "text": "201. Report on United States humanitarian assistance \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, and in each of the 2 years thereafter, the Administrator of the United States Agency for International Development, in conjunction with the Secretary of State, shall submit to the appropriate congressional committees a report that describes— (1) all activities to provide humanitarian assistance inside North Korea, and to North Koreans outside of North Korea, that receive United States funding; (2) any improvements in humanitarian transparency, monitoring, and access inside North Korea during the previous 1-year period, including progress toward meeting the conditions identified in paragraphs (1) through (4) of section 202(b); and (3) specific efforts to secure improved humanitarian transparency, monitoring, and access inside North Korea made by the United States and United States grantees, including the World Food Program, during the previous 1-year period. (b) Form \nThe information required by subsection (a)(1) may be provided in classified form if necessary.", "id": "HF48A588C5AC4484FBA7E4F076BB5A695", "header": "Report on United States humanitarian assistance" }, { "text": "202. Assistance provided inside North Korea \n(a) Humanitarian assistance through nongovernmental organizations \n(1) Assistance \nThe President is authorized to provide assistance, including in the form of grants, to the World Food Program and to United States nongovernmental organizations for the purpose of providing humanitarian assistance to North Koreans inside North Korea. (2) Sense of congress \nIt is the sense of Congress that significant increases above current levels of United States support for humanitarian assistance provided inside North Korea should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea, and that significant improvements in those areas therefore would be required to justify appropriation and obligation of the full amounts authorized to be appropriated by this subsection. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the President not less than $100,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection. (B) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. (b) Humanitarian assistance to the government of North Korea \nNo department, agency, or entity of the United States Government may provide humanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has taken steps to ensure that— (1) such assistance is delivered, distributed, and monitored according to internationally recognized humanitarian standards; (2) such assistance is provided on a needs basis, and is not used as a political reward or tool of coercion; (3) such assistance reaches the intended beneficiaries, who are informed of the source of the assistance; and (4) humanitarian access to all vulnerable groups in North Korea is allowed, no matter where in the country they may be located. (c) Nonhumanitarian assistance to the government of North Korea \nNo department, agency, or entity of the United States Government may provide nonhumanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has made substantial progress toward— (1) respecting and protecting basic human rights, including freedom of religion, of the people of North Korea; (2) providing for significant family reunification between North Koreans and their descendants and relatives in the United States; (3) fully disclosing all information regarding citizens of Japan and the Republic of Korea abducted by the Government of North Korea; (4) allowing such abductees, along with their families, complete and genuine freedom to leave North Korea and return to the abductees original home countries; (5) significantly reforming its prison and labor camp system, and subjecting such reforms to independent international monitoring; and (6) decriminalizing political expression and activity. (d) Waiver \nThe President may waive the prohibition contained in subsection (b) or (c) if the President determines that it is in the national security interest of the United States to do so. Prior to exercising the waiver authority contained in the preceding sentence, the President shall transmit to the appropriate congressional committees a report that contains the determination of the President pursuant to the preceding sentence and a description of the assistance to be provided.", "id": "H8A7DBE411C8A4B73B1BD004D147963B1", "header": "Assistance provided inside North Korea" }, { "text": "203. Assistance provided outside of North Korea \n(a) Assistance \nThe President is authorized to provide assistance to support organizations or persons that provide humanitarian assistance or legal assistance to North Koreans who are outside of North Korea without the permission of the Government of North Korea. (b) Types of Assistance \nAssistance provided under subsection (a) should be used to provide— (1) humanitarian assistance to North Korean refugees, defectors, migrants, and orphans outside of North Korea, which may include support for refugee camps or temporary settlements; (2) legal assistance to North Koreans who are seeking to apply for refugee status, asylum, parole, or other similar forms of protection and resettlement; and (3) humanitarian assistance and legal assistance to North Korean women outside of North Korea who are victims of trafficking, as defined in section 103(14) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(14) ), or are in danger of being trafficked. (c) Authorization of Appropriations \n(1) In general \nIn addition to funds otherwise available for such purposes, there are authorized to be appropriated to the President $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability \nAmounts appropriated pursuant to subsection (a) are authorized to remain available until expended.", "id": "HDDB746A484EE458CBEBCB7A6568738DE", "header": "Assistance provided outside of North Korea" }, { "text": "301. United States policy toward refugees and defectors \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of Central Intelligence, and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report in unclassified form that describes the situation of North Korean refugees and explains United States Government policy toward North Korean refugees and defectors. (b) Contents \nThe report shall include— (1) information on North Koreans currently outside of North Korea without permission (including refugees, defectors, and migrants), such as their estimated numbers and the countries and regions in which they are currently residing; (2) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face when forcibly returned to North Korea; (3) an assessment of whether North Koreans in China have effective access to personnel of the United Nations High Commissioner for Refugees, and of whether the Government of China is fulfilling its obligations under the 1951 Convention Relating to the Status of Refugees, particularly Articles 31, 32, and 33 of such Convention; (4) an assessment of whether North Koreans presently have effective access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the United States; (5) the total number of North Koreans who have been admitted into the United States as refugees or asylees in each of the past five years; and (6) an estimate of the number of North Koreans with family connections to United States citizens.", "id": "HA804D523AFD14B08A5333D58C7BE9D7", "header": "United States policy toward refugees and defectors" }, { "text": "302. Eligibility for refugee or asylum consideration \n(a) Purpose \nThe purpose of this section is to ensure that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea. (b) Treatment of nationals of north korea \nFor purposes of eligibility for refugee status under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), or for asylum under section 208 of such Act ( 8 U.S.C. 1158 ), a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea.", "id": "HD56EF74B9DD34D60877642651636A8FD", "header": "Eligibility for refugee or asylum consideration" }, { "text": "303. Refugee status \nThe Secretary of State shall designate natives or citizens of North Korea who apply for refugee status under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), and who are former political prisoners, members of persecuted religious groups, forced-labor conscripts, victims of debilitating malnutrition, persons deprived of professional credentials or subjected to other disproportionately harsh or discriminatory treatment resulting from their perceived or actual political or religious beliefs or activities, or others who appear to have a credible claim of other persecution, as a Priority 2 group of special concern for purposes of refugee resettlement.", "id": "HD81CBBC8D0394955877EB0AE6885008F", "header": "Refugee status" }, { "text": "304. Pursuit of first asylum policy \nIt is the sense of Congress that the United States should pursue an international agreement to adopt an effective first asylum policy, modeled on the first asylum policy for Vietnamese refugees, that guarantees safe haven and assistance to North Korean refugees, until such time as conditions in North Korea allow for their return.", "id": "H97F1E9CAAA164880915F2763E0DA29C", "header": "Pursuit of first asylum policy" }, { "text": "305. United Nations High Commissioner for Refugees \n(a) Actions in China \nIt is the sense of Congress that— (1) the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable the UNHCR to determine whether they are refugees and whether they require assistance, pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and Article III, paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR Branch Office in the People’s Republic of China (referred to in this section as the UNHCR Mission Agreement ); (2) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally employ as professionals or Experts on Mission persons with significant experience in humanitarian assistance work among displaced North Koreans in China; (3) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China; and (4) should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United States, and relevant international organizations should increase levels of humanitarian assistance provided inside China to help defray costs associated with the North Korean refugee presence. (b) Arbitration Proceedings \nIt is further the sense of Congress that— (1) if the Government of China continues to refuse to provide the UNHCR with access to North Koreans within its borders, the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and (2) because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circumstances would constitute a significant abdication by the UNHCR of one of its core responsibilities.", "id": "H19711E0336384B8B00C895CCFCF241D2", "header": "United Nations High Commissioner for Refugees" }, { "text": "306. Humanitarian parole \n(a) Prerequisites for eligibility \nBecause North Korean refugees do not enjoy regular, unimpeded, and effective access to the United States refugee program— (1) for purposes of section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ), the parole of any alien who is a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be of significant public benefit; and (2) for purposes of section 212(d)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(B) ), the parole of any alien who is a refugee and a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be for compelling reasons in the public interest with respect to that particular alien. (b) Definition \nFor purposes of this subsection, a victim of North Korean Government malfeasance is a former political prisoner, a member of a persecuted religious group, a forced-labor conscript, a victim of debilitating malnutrition, a person deprived of professional credentials or subjected to other disproportionately harsh or discriminatory treatment resulting from his perceived or actual political or religious beliefs or activities, or a person who appears to have a credible claim of other persecution by the Government of North Korea. (c) Discretion \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from establishing conditions for parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), or from denying parole to such aliens who are otherwise ineligible for parole. (d) Length of parole \n(1) In general \nNotwithstanding section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), if parole is granted to an alien who is a native or citizen of North Korea pursuant to subsection (a), the parole shall be effective until the final resolution of any application for adjustment of status made pursuant to section 204 of this Act. (2) Denial of adjustment of status \nIf an application for adjustment of status made pursuant to section 204 is denied, the Secretary of Homeland Security may, in the discretion of the Secretary, parole the alien described in paragraph (1) pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). (3) Extension of parole period \nIf no application for adjustment of status is made pursuant to section 204 within 18 months after parole is granted to an alien described in paragraph (1), the Secretary of Homeland Security may, in the discretion of the Secretary, extend the parole period temporarily under conditions that the Secretary prescribes. (4) No grant of parole \nIf parole is not granted to an alien described in paragraph (2), the alien shall be treated pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) as if the purposes of the alien’s parole have been served. (5) Termination of parole \nNotwithstanding any other provision of this section, the parole period of an alien described in paragraph (1) shall terminate when the Secretary of State determines that— (A) the human rights record of North Korea, according to the Country Report on Human Rights Practices issued by the Department of State, Bureau of Democracy, Human Rights, and Labor, is satisfactory; and (B) North Korea is no longer on the list of nations designated as State sponsors of terrorism by the Secretary of State. (e) Subsequent removal proceedings \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien paroled into the United States under this section for— (1) conduct committed after the parole of the alien into the United States; or (2) conduct or a condition that was not disclosed to the Secretary prior to the parole of the alien into the United States.", "id": "HA4A807E12BDD40D99452C0C46770F663", "header": "Humanitarian parole" }, { "text": "307. North Korean status adjustment \n(a) Status adjustment \nNotwithstanding section 245(c) of the Immigration and Nationality Act ( 8 U.S.C. 1255(c) ), the status of any alien who is a native or citizen of North Korea, has been inspected and admitted or paroled into the United States subsequent to July 1, 2003, and has been physically present in the United States for at least 1 year, may be adjusted by the Secretary of Homeland Security, in the discretion of the Secretary and under such regulations as the Secretary may prescribe, to that of an alien lawfully admitted for permanent residence if— (1) the alien makes an application for such adjustment within 18 months after parole is granted; (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (3) the Secretary of Homeland Security determines that the alien has complied with the requirements of subsection (b). (b) Required cooperation with the United States government \nThe requirements of this subsection shall be satisfied if— (1) the Secretary of Homeland Security determines that— (A) the alien is in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials, and the alien has cooperated or is currently cooperating, fully and in good faith, with appropriate persons within the United States Government regarding such information; or (B) the alien is not in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials; and (2) the Secretary of Homeland Security determines that the alien— (A) did not enter the United States in a then-current capacity as an agent, representative, or official of the Government of North Korea, or for any purpose contrary to the purposes of this Act or for any unlawful purpose; (B) is not, since entering the United States or at the time during which the application for adjustment of status is filed or in process, an agent, representative, or official of the Government of North Korea, or during such period acting for any purpose contrary to the purposes of this Act or for any unlawful purpose; and (C) in the judgment of the Secretary of Homeland Security, is not likely to become an agent, representative, or official of the Government of North Korea, or act for any purpose contrary to the purposes of this Act or for any unlawful purpose. (c) Effect on Immigration and Nationality Act \n(1) Definitions \nThe definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) shall apply to this section. (2) Applicability \nNothing in this section shall be construed to repeal or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or any other Federal law relating to immigration, nationality, or naturalization. (d) Subsequent removal proceedings \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien whose status was adjusted under subsection (a) for— (1) conduct committed after such adjustment of status; or (2) conduct or a condition that was not disclosed to the Secretary prior to such adjustment of status.", "id": "H18EB41C5CDC1435992F2B3178933BAD5", "header": "North Korean status adjustment" }, { "text": "308. Temporary protected status \n(a) Extraordinary and temporary conditions considered to exist \n(1) In general \nFor purposes of section 244(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(1)(C) ), extraordinary and temporary conditions shall be considered to exist in North Korea that prevent aliens who are natives or citizens of North Korea from returning to North Korea in safety. (2) Termination of protected status \nThe extraordinary and temporary conditions referred to in paragraph (1) shall be considered to exist until the Secretary of Homeland Security determines that— (A) the human rights and trafficking records of North Korea, according to the Country Report on Human Rights Practices issued by the United States Department of State, Bureau of Democracy, Human Rights, and Labor, and the country report on trafficking issued by the Trafficking in Persons Office of the Department of State, are satisfactory; and (B) North Korea is no longer on the list of nations designated as state sponsors of terrorism by the United States Department of State. (b) Sense of congress \nIt is the sense of Congress that the United States should use its diplomatic means to promote the institution of measures similar to humanitarian parole or the form of temporary protected status granted under subsection (a), in countries that neighbor North Korea.", "id": "H5EDC3C50C6A5483C9D3402A089DBF44B", "header": "Temporary protected status" }, { "text": "309. Right to accept employment \nSection 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended— (1) by striking Attorney General and inserting Secretary of Homeland Security ; and (2) by adding at the end the following: In the case of an applicant who is a citizen or native of North Korea, the Secretary of Homeland Security shall issue regulations under which such applicant shall be entitled to employment authorization, and such applicant shall not be subject to the 180-day limitation described in the previous sentence..", "id": "H04BC7CE31E5B4CA9B1CFF78F1E6F6F3C", "header": "Right to accept employment" }, { "text": "310. Annual reports \n(a) Immigration information \nNot later than 1 year after the date of the enactment of this Act, and every 12 months thereafter for each of the following 5 years, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees on the operation of this title during the previous year, which shall include— (1) the number of aliens who are natives or citizens of North Korea and have been granted humanitarian parole under section 306, and the immigration status of such aliens before being granted humanitarian parole; (2) the number of aliens who are natives or citizens of North Korea and have been granted an adjustment of status under section 307, and the immigration status of such aliens before being granted adjustment of status; (3) the number of aliens who are natives or citizens of North Korea who were granted political asylum; (4) the number of aliens who are natives or citizens of North Korea who were granted temporary protected status under section 308; and (5) the number of aliens who are natives or citizens of North Korea who applied for refugee status and the number who were granted refugee status. (b) Countries of particular concern \nThe President shall include in each annual report on proposed refugee admission pursuant to section 207(d) of the Immigration and Nationality Act ( 8 U.S.C. 1157(d) ), information about specific measures taken to facilitate access to the United States refugee program for individuals who have fled countries of particular concern, as defined by the Secretary of Homeland Security, for violations of religious freedom pursuant to section 402(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b) ). The report shall include, for each country of particular concern, a description of access of the nationals or former habitual residents of that country to a refugee determination on the basis of— (1) referrals by external agencies to a refugee adjudication; (2) groups deemed to be of special humanitarian concern to the United States for purposes of refugee resettlement; and (3) family links to the United States.", "id": "H0151445EB3BD490C8CB62C82C1CEE17D", "header": "Annual reports" } ]

[ { "text": "1. Requirement of Staff Working with Developmentally Disabled Persons to Call Emergency Services in the Event of a Life-Threatening Situation \n(a) Requirement \nSection 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) in paragraph (66), by striking and at the end; (2) in paragraph (67), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (67) the following new paragraph: (68) provide, in accordance with regulations of the Secretary, that direct care staff providing health-related services to a person with a developmental disability or traumatic brain injury are required to call the 911 emergency telephone service or equivalent emergency management service for assistance in the event of a life-threatening emergency to such person and to report such call to the appropriate State agency or department.. (b) Effective Date \nThe amendments made by subsection (a) take effect on January 1, 2006.", "id": "HB7C65909E414494B9F2FE39B9EB00D3", "header": "Requirement of Staff Working with Developmentally Disabled Persons to Call Emergency Services in the Event of a Life-Threatening Situation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Transparency and Accountability in Security Contracting Act.", "id": "H74954A60D06E4D6282CF6FF4EEB58432", "header": "Short title" }, { "text": "2. Requirements relating to contracts with private security contractors \n(a) Accountability requirements for personnel performing federal contracts with private security contractors \n(1) Requirement to provide certain information about personnel performing federal contracts \nEach covered contract shall require contractors to provide the appropriate Federal Government contracting officer with the following information at the time the contract is awarded and to update the information during contract performance as necessary: (A) Number of persons being used by the contractor and subcontractors (at any tier) of the contractor to carry out the contract and any subcontracts under the contract. (B) A description of how such persons are trained to carry out tasks specified under the contract. (C) The salaries and benefits of such persons. (D) A description of each category of activity required by the covered contract. (2) Full cost accounting \nEach covered contract shall include the following requirements: (A) Before award of the contract, the contractor shall provide cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract. (B) Before contract closeout, the contractor shall provide a report on the actual costs of carrying out the contract, in the same categories as provided under subparagraph (A). (3) Casualty reporting \nEach covered contract shall require full reporting by the contractor of all personnel casualties in carrying out the contract. (4) Oversight \nBefore a covered contract is awarded, the head of the agency awarding the contract shall ensure that sufficient funds are available to enable contracting officers of the agency to perform oversight of the performance of the contract. (5) Waiver authority \nThe head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to implement because of the emergency or exceptional situation. In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to Congress a report, within 30 days after the date of award of the contract, that describes the contract, the waiver, the emergency or exceptional situation that justified the waiver, and a plan for bringing the contract into compliance with the waived requirements as soon as possible or an explanation of why the waiver needs to be permanent. (6) FAR revisions \nNot later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection. (b) Requirements of the Secretary of Defense relating to contracts with private security contractors \n(1) Hiring standards relating to private security contractors \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations minimum standards for the persons that private security contractors may hire for the performance of any covered contract. The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues the Secretary determines may lead to security or performance concerns. (2) Comparative analysis \nBefore a Federal agency enters into a covered contract, the Secretary of Defense shall perform a cost and effectiveness analysis for every category of potential activity that may be carried out by the private security contractor under the contract, comparing the cost and effectiveness that would be associated with the same activities being carried out by civilian employees of the Department of Defense or members of the Armed Forces. The Secretary shall ensure, as part of the analysis, that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract. (c) Definitions \nIn this section: (1) Covered contracts \nThe term covered contract means a contract entered into by the Federal Government with a private security contractor, except that, in the case of a task or delivery order contract entered into by the Federal Government with a private security contractor, the term means a task order issued under the contract. (2) Private security contractor \nThe term private security contractor means any entity under contract with the Federal Government— (A) whose personnel are allowed to carry weapons as part of their contract; or (B) that uses persons who perform one or more of the following duties: (i) Military logistics and maintenance. (ii) Interrogation of prisoners. (iii) Convoy security. (iv) Guarding vital facilities and personnel. (v) Intelligence gathering and analysis. (vi) Tactical security work. (vii) Local force training. (d) Effective date \nThis section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act.", "id": "H3CE0347E8798449AB243C9D7208B48AA", "header": "Requirements relating to contracts with private security contractors" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Pentagon 9/11 Memorial Commemorative Coin Act of 2004.", "id": "H545CC31E65D642449943280030F820BB", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Construction of the Pentagon was completed in the midst of World War II on January 15, 1943. (2) September 11, 2001, marks a tragic day in the history of the United States and the Pentagon Building located in Arlington, Virginia. (3) 184 individuals ages 3 to 71 lost their lives through the horrific event that unfolded at the Pentagon on September 11, 2001. (4) An appropriate memorial reminding us of the brave men, women, and children who perished has been designed and is to be built on 1.93 acres located on the western side of the Pentagon Building. (5) The target completion date for the construction of the Pentagon Memorial park is late fall 2006. (6) Almost $30,000,000 will need to be raised from the private sector in order to begin construction of the memorial and to maintain it upon completion. (7) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding for the construction and maintenance of the Pentagon Memorial in remembrance of those who lost their lives at the Pentagon on September 11, 2001.", "id": "HEE2B1B60675B4F1A87506C55FB00DABD", "header": "Findings" }, { "text": "3. Coin specifications \n(a) Denominations \nThe Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $50 gold coins \n$50 coins, in the number determined under subsection (b), which shall— (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C) contain 91.67 percent gold and 8.33 percent alloy. (2) $1 silver coins \nSuch number of $1 coins as the Secretary determines appropriate to meet demand, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins \nSuch number of half dollar coins as the Secretary determines appropriate to meet demand, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Number of gold coins \n(1) In general \nThe number of gold coins minted and issued under this Act shall equal the sum of 10,000 and the number determined under paragraph (2). (2) Determination of number \nThe Secretary, in consultation with the Attorney General of the United States, the Secretary of Defense, and the Governor of Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attack against the Pentagon that occurred on September 11, 2001, and shall identify such individuals. (c) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of bullion \nFor the purpose of minting coins under this Act, the Secretary may only use metals that are from natural deposits in the United States or any territory or possession of the United States. (f) Special treatment under exigent circumstances \n(1) Findings \nThe Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greater stability to the markets for commemorative coins, maximizing demand and participation in such programs, and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in remembering those innocent individuals who lost their lives at the Pentagon on September 11, 2001, and participating in the raising of funds for the Pentagon Memorial Fund, and the importance of implementing this coin program as quickly as possible, notwithstanding the limitations contained in such paragraphs, justify exempting the coins produced under this Act from such limitations. (2) Exemption \nParagraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this Act.", "id": "H15CE48E2B367465B00AEE3AD13D07CA9", "header": "Coin specifications" }, { "text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the spirit and bravery of the civilians, servicemen and women that work at the Pentagon and were aboard Flight 77 on September 11, 2001. (2) Designation and inscriptions \nOn each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2001 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Secretary of Defense, the Executive Committee of the Pentagon Memorial Fund, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "H9736B383708E4DF2B002F91F042D449C", "header": "Design of coins" }, { "text": "5. Issuance of coins \n(a) Quality of coins \n(1) In general \nExcept as provided under paragraph (2), coins minted under this Act shall be issued in uncirculated quality. (2) Gold coins \n$50 coins minted under section 3(a)(1) shall be issued only in proof quality. (b) Mint facility \n(1) In general \nExcept as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Clad coins \nAny number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 3(a)(3). (c) Period for issuance \nThe Secretary— (1) shall commence issuing coins minted under this Act as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued.", "id": "HB321C737EDD54383AEF49B88AEDF632F", "header": "Issuance of coins" }, { "text": "6. Sale of coins \n(a) Sale price \nThe coins issued under section 3(a) (other than the $50 gold coins referred to in subsection (d)) shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping), including the cost of the coins presented under subsection (d). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under section 3(a) at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders received before the issuance of the coins minted under section 3(a). (2) Reasonable discount \nThe sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Gold coins \nNotwithstanding section 5(c)(2), the Secretary shall issue a $50 coin minted under section 3(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 3(b)(2). The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of such gold coins.", "id": "HF0B3E7D8DB4542B698A8FE0104F4DEA7", "header": "Sale of coins" }, { "text": "7. Surcharges on sale of coins \n(a) In general \nAny sale by the Secretary of a coin minted under this Act shall include a surcharge of— (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia. (c) Audit \nThe Pentagon Memorial Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (a).", "id": "H0B48B0E9F2EB432BAA7053BF99C39725", "header": "Surcharges on sale of coins" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Angel Island Immigration Station Restoration and Preservation Act.", "id": "H3E6682931D1B49E79B4000E8A5ABC53D", "header": "Short title" }, { "text": "2. Findings \nThe Congress makes the following findings: (1) The Angel Island Immigration Station, also known as the Ellis Island of the West, is a National Historic Landmark. (2) Between 1910 and 1940, the Angel Island Immigration Station processed more than 1,000,000 immigrants and emigrants from around the world. (3) The Angel Island Immigration Station contributes greatly to our understanding of our Nation’s rich and complex immigration history. (4) The Angel Island Immigration Station was built to enforce the Chinese Exclusion Act of 1882 and subsequent immigration laws, which unfairly and severely restricted Asian immigration. (5) During their detention at the Angel Island Immigration Station, Chinese detainees carved poems into the walls of the detention barracks. More than 140 poems remain today, representing the unique voices of immigrants awaiting entry to this country. (6) More than 50,000 people, including 30,000 schoolchildren, visit the Angel Island Immigration Station annually to learn more about the experience of immigrants who have traveled to our shores. (7) The restoration of the Angel Island Immigration Station and the preservation of the writings and drawings at the Angel Island Immigration Station will ensure that future generations also have the benefit of experiencing and appreciating this great symbol of the perseverance of the immigrant spirit, and of the diversity of this great Nation.", "id": "H871ACB1A2F2044CB80E6A442ECF5372", "header": "Findings" }, { "text": "3. Restoration \n(a) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary of the Interior $15,000,000 for restoring the Angel Island Immigration Station in the San Francisco Bay, in coordination with the Angel Island Immigration Station Foundation and the California Department of Parks and Recreation. (b) Priority \n(1) Except as provided in paragraph (2), the funds appropriated pursuant to this Act shall be used for the restoration of the Immigration Station Hospital on Angel Island. (2) Any remaining funds in excess of the amount required to carry out paragraph (1) shall be used solely for the restoration of the Angel Island Immigration Station.", "id": "H348FBE4BD526457599080937EAE0F490", "header": "Restoration" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Business and Farm Energy Emergency Relief Act of 2004.", "id": "HA8087AC5AA71461EAF36FFA220DF6BBD", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds that— (1) a significant number of small businesses in the United States, non-farm as well as agricultural producers, use heating oil, natural gas, propane, kerosene, or electricity to heat their facilities and for other purposes; (2) a significant number of small businesses in the United States sell, distribute, market, or otherwise engage in commerce directly related to heating oil, natural gas, propane, and kerosene; and (3) sharp and significant increases in the price of heating oil, natural gas, propane, or kerosene— (A) disproportionately harm small businesses dependent on those fuels or that use, sell, or distribute those fuels in the ordinary course of their business, and can cause them substantial economic injury; (B) can negatively affect the national economy and regional economies; (C) have occurred in the winters of 1983–1984, 1988–1989, 1996–1997, and 1999–2000; and (D) can be caused by a host of factors, including global or regional supply difficulties, weather conditions, insufficient inventories, refinery capacity, transportation, and competitive structures in the markets, causes that are often unforeseeable to those who own and operate small businesses.", "id": "HF3E65388979748618F1B5819281189E1", "header": "Findings" }, { "text": "3. Small business energy emergency disaster loan program \nSection 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) is amended by inserting after paragraph (3) the following: (4) (A) In this paragraph— (i) the term heating fuel means heating oil, natural gas, propane, or kerosene; and (ii) the term sharp and significant increase shall have the meaning given that term by the Administrator, in consultation with the Secretary of Energy. (B) The Administration may make such loans, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of a sharp and significant increase in the price of heating fuel or electricity. (C) Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2). (D) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant constitutes a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation. (E) For purposes of assistance under this paragraph— (i) in lieu of the requirement of the declaration of a disaster area, a declaration that an area is affected by a sharp and significant increase in the price of heating fuel or electricity shall be required and shall be made by the President or the Administrator; or (ii) if no declaration has been made pursuant to clause (i), the Governor of a State in which a sharp and significant increase in the price of heating fuel or electricity has occurred may certify to the Administration that small business concerns have suffered economic injury as a result of such increase and are in need of financial assistance which is not available on reasonable terms in that State, and upon receipt of such certification, the Administration may make such loans as would have been available under this paragraph if a declaration under clause (i) had been issued. (F) Notwithstanding any other provision of law, loans made under this paragraph may be used by a small business concern described in subparagraph (B) to convert from the use of heating fuel or electricity to a renewable or alternative energy source, including agriculture and urban waste, geothermal energy, cogeneration, solar energy, wind energy, and fuel cells..", "id": "H1C676BCE7D2A4393B8D81DE681E5A088", "header": "Small business energy emergency disaster loan program" }, { "text": "4. Agricultural producer emergency loans \n(a) In general \nSection 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ) is amended— (1) in the first sentence— (A) by striking operations have and inserting operations (i) have ; and (B) by inserting before : Provided, the following: , or (ii)(I) are owned or operated by such an applicant that is also a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )), and (II) have suffered or are likely to suffer substantial economic injury on or after November 1, 2004, as the result of a sharp and significant increase in energy costs or input costs from energy sources occurring on or after November 1, 2004, in connection with an energy emergency declared by the President or the Secretary ; (2) in the third sentence, by inserting before the period at the end the following: or by an energy emergency declared by the President or the Secretary ; and (3) in the fourth sentence— (A) by inserting or energy emergency after natural disaster each place it appears; and (B) by inserting or declaration after emergency designation. (b) Funding \nFunds available on the date of enactment of this Act for emergency loans under subtitle C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 et seq. ) made to meet the needs resulting from natural disasters shall be available to carry out the amendments made by subsection (a).", "id": "HE34D8538A4F740D08C20A9727B45ED00", "header": "Agricultural producer emergency loans" }, { "text": "5. Guidelines \nNot later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration and the Secretary of Agriculture shall each issue such guidelines as the Administrator and the Secretary, as applicable, determines to be necessary to carry out this Act and the amendments made by this Act.", "id": "H5D3695D4A2AB4EEFB458DEA5062EC0D2", "header": "Guidelines" }, { "text": "6. Reports \n(a) Small business \nNot later than 18 months after the date of final publication by the Administrator of the Small Business Administration of the guidelines issued under section 5, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report on the effectiveness of the program established under section 7(b)(4) of the Small Business Act , as added by this Act, including— (1) the number of small businesses that applied to participate in the program and the number of those that received loans under the program; (2) the dollar value of those loans; (3) the States in which the small business concerns that participated in the program are located; (4) the type of heating fuel or energy that caused the sharp and significant increase in the cost for the participating small business concerns; and (5) recommendations for improvements to the program, if any. (b) Agriculture \nNot later than 18 months after the date of final publication by the Secretary of Agriculture of the guidelines issued under section 5, the Secretary shall submit to the Committees on Small Business and Entrepreneurship and Agriculture, Nutrition, and Forestry of the Senate and the Committees on Small Business and Agriculture of the House of Representatives, a report on the effectiveness of loans made available as a result of the amendments made by section 4, together with recommendations for improvements to the loans, if any.", "id": "HF18DC2DB5CE04B278B43E400CF500F1", "header": "Reports" }, { "text": "7. Effective date \nThe amendments made by this Act shall apply with respect to economic injuries suffered or likely to be suffered as the result of sharp and significant increases in energy prices which occur on or after November 1, 2004.", "id": "HEDCED59C93A74B93B9791E856C4365CE", "header": "Effective date" } ]

[ { "text": "1. Pilot program for alternative water source projects \nSection 220(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1300(j) ) is amended in the first sentence— (1) by striking $75,000,000 and inserting $125,000,000 ; and (2) by striking 2002 through 2004 and inserting 2005 through 2009.", "id": "H7604DC3C304448159B94B0064D4CC4F", "header": "Pilot program for alternative water source projects" } ]

[ { "text": "1. Short title \nThis Act may be cited as the High Risk Pool Flexibility Act of 2004.", "id": "H1AC41FBDEBCE42BDBEAD23EBA089AA38", "header": "Short title" }, { "text": "2. Revision of definition of qualified high risk pool \nSection 2745(d) of the Public Health Service Act ( 42 U.S.C. 300gg–45(d) ) is amended to read as follows: (d) Definitions \nFor purposes of this section: (1) Qualified high risk pool \nThe term ‘qualified high risk pool’ has the meaning given such term in section 2744(c)(2), except that a State may elect to meet the requirement of subparagraph (A) of such section (insofar as it requires the provision of coverage to all eligible individuals) through providing for the enrollment of eligible individuals through an acceptable alternative mechanism (as defined for purposes of section 2744) that includes a high risk pool as a component. (2) State \nThe term State means any of the 50 States and the District of Columbia..", "id": "H2C090D1745C74F0E8E581FAD9D1E3C22", "header": "Revision of definition of qualified high risk pool" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Alaska Native Allotment Subdivision Act.", "id": "H78D4C6DB4CB24CB68E379482A601E3DE", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Restricted land \nThe term restricted land means land in the State that is subject to Federal restrictions against alienation and taxation. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (3) State \nThe term State means the State of Alaska.", "id": "HC419F036770E4395B35C4FBDE7575025", "header": "Definitions" }, { "text": "3. Subdivision and dedication of Alaska Native restricted land \n(a) In general \nAn Alaska Native owner of restricted land may, subject to the approval of the Secretary— (1) subdivide the restricted land in accordance with the laws of the— (A) State; or (B) applicable local platting authority; and (2) execute a certificate of ownership and dedication with respect to the restricted land subdivided under paragraph (1) with the same effect under State law as if the restricted land subdivided and dedicated were held by unrestricted fee simple title. (b) Ratification of prior subdivisions and dedications \nAny subdivision or dedication of restricted land executed before the date of enactment of this Act that has been approved by the Secretary and by the relevant State or local platting authority, as appropriate, shall be considered to be ratified and confirmed by Congress as of the date on which the Secretary approved the subdivision or dedication.", "id": "H2E44082E468B4CA6BB73226E00F67677", "header": "Subdivision and dedication of Alaska Native restricted land" }, { "text": "4. Effect on status of land not dedicated \nExcept in a case in which a specific interest in restricted land is dedicated under section 3(a)(2), nothing in this Act terminates, diminishes, or otherwise affects the continued existence and applicability of Federal restrictions against alienation and taxation on restricted land or interests in restricted land (including restricted land subdivided under section 3(a)(1)).", "id": "H5DDFCA45C9DA45529C3021C385B8BBE8", "header": "Effect on status of land not dedicated" } ]

[ { "text": "1. Permitting Objection to Certificate of Electoral Votes to be Received if Signed by Senator or Member of the House of Representatives \nThe fifth sentence of section 15 of title 3, United States Code, is amended by striking and shall be signed by at least one Senator and one Member of the House of Representatives and inserting and shall be signed by at least one Senator or Member of the House of Representatives.", "id": "H77FBDF4736FF4850B3C5BFC39E0103A2", "header": "Permitting Objection to Certificate of Electoral Votes to be Received if Signed by Senator or Member of the House of Representatives" } ]

[ { "text": "1. Mandatory separation age \n(a) Civil service retirement system \nSection 8335(b) of title 5, United States Code, is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting 65 years of age for 60 years of age. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009.. (b) Federal employees’ retirement system \nSection 8425(b) of title 5, United States Code, is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting 65 years of age for 60 years of age. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009..", "id": "H790341AA753F4D3F007D895BD7CE8D6C", "header": "Mandatory separation age" }, { "text": "2. Retention and relocation bonuses \n(a) In general \nSubchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following: 5759. Retention and relocation bonuses for the Federal Bureau of Investigation \n(a) Authority \nThe Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation). (b) Service agreement \nPayment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (c) Limitation on authority \nA bonus paid under this section may not exceed 50 percent of the employee’s basic pay. (d) Impact on basic pay \nA retention bonus is not part of the basic pay of an employee for any purpose. (e) Termination of authority \nThe authority to grant bonuses under this section shall cease to be available after December 31, 2009.. (b) Clerical amendment \nThe analysis for chapter 57 of title 5, United States Code, is amended by adding at the end the following: 5759. Retention and relocation bonuses for the Federal Bureau of Investigation.", "id": "H164C310EA44C4B9988742FF400CE00B3", "header": "Retention and relocation bonuses" }, { "text": "5759. Retention and relocation bonuses for the Federal Bureau of Investigation \n(a) Authority \nThe Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation). (b) Service agreement \nPayment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (c) Limitation on authority \nA bonus paid under this section may not exceed 50 percent of the employee’s basic pay. (d) Impact on basic pay \nA retention bonus is not part of the basic pay of an employee for any purpose. (e) Termination of authority \nThe authority to grant bonuses under this section shall cease to be available after December 31, 2009.", "id": "H68F0C8BB534E47D8AD25C2053C407915", "header": "Retention and relocation bonuses for the Federal Bureau of Investigation" }, { "text": "3. Federal Bureau of Investigation Reserve Service \n(a) In general \nChapter 35 of title 5, United States Code, is amended by adding at the end the following: VII Retention of retired specialized employees at the Federal Bureau of Investigation \n3598. Federal Bureau of Investigation Reserve Service \n(a) Establishment \nThe Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the FBI Reserve Service ) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director. (b) Membership \nMembership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) Annuitants \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (d) No impact on Bureau personnel ceiling \nFBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau. (e) Expenses \nThe Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) Limitation on membership \nMembership of the FBI Reserve Service is not to exceed 500 members at any given time.. (b) Clerical amendment \nThe analysis for chapter 35 of title 5, United States Code, is amended by adding at the end the following: Subchapter VII—Retention of retired specialized employees at the Federal Bureau of Investigation 3598. Federal Bureau of Investigation reserve service.", "id": "HCE702E456DF64ED999474216A408A5DC", "header": "Federal Bureau of Investigation Reserve Service" }, { "text": "3598. Federal Bureau of Investigation Reserve Service \n(a) Establishment \nThe Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the FBI Reserve Service ) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director. (b) Membership \nMembership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) Annuitants \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (d) No impact on Bureau personnel ceiling \nFBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau. (e) Expenses \nThe Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) Limitation on membership \nMembership of the FBI Reserve Service is not to exceed 500 members at any given time.", "id": "HDB517746E9304727B4BE7C477E6760F", "header": "Federal Bureau of Investigation Reserve Service" }, { "text": "4. Critical positions in the Federal Bureau of Investigation intelligence directorate \nSection 5377(a)(2) of title 5, United States Code, is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by inserting after subparagraph (F) the following: (G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation)..", "id": "H2625917DE6194BEDB58763EF9B14C447", "header": "Critical positions in the Federal Bureau of Investigation intelligence directorate" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Keeping Our Education Promise to America's Children Act of 2004.", "id": "H003D5FA617BA4B59003C6FD103FAD9AD", "header": "Short title" }, { "text": "2. Deferral of Federal mandates if Federal government fails to make minimum appropriations \n(a) Deferral of certain requirements \nSection 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ) is amended by adding at the end the following: (i) Deferral \nNo school or local educational agency may be identified for or subject to the requirements of school improvement, corrective action, or restructuring under this section for any school year for which the amounts appropriated for the corresponding fiscal year for the purpose of carrying out this part are less than 97 percent of the following: (1) $20,500,000,000 for fiscal year 2005. (2) $22,750,000,000 for fiscal year 2006. (3) $25,000,000,000 for fiscal year 2007.. (b) Deferral of requirements for teachers and paraprofessionals \nSection 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ) is amended by adding at the end the following: (m) Deferral \nA State educational agency may defer the commencement, suspend the implementation, or modify but not cease the development, of the requirements of this section (for the State educational agency and local educational agencies within the State) for 1 school year for each fiscal year for which the amounts appropriated to carry out subparts 1 through 4 of part A of title II are less than 97 percent of the following: (1) $3,016,000,000 for fiscal year 2005. (2) $3,076,000,000 for fiscal year 2006. (3) $3,143,000,000 for fiscal year 2007..", "id": "H3566580B08FA45108F7674DFA1657BC8", "header": "Deferral of Federal mandates if Federal government fails to make minimum appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Friends of the Children National Demonstration Act.", "id": "HE239C6E80EDE4BCBA7E53396E6EE6253", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the single most important protective factor in a child’s life is a long-term relationship with a supportive, caring adult; (2) while the most disadvantaged children can be accurately identified as early as age 5, very few long-term intervention programs are initiated at this age; (3) no Federal competitive grant or contract program exists to fund innovative programs matching the most disadvantaged children beginning at age 5 with professional mentors for 10 years or more; (4) privately-funded programs matching professional mentors with the most disadvantaged children beginning at an early age for the child and lasting for 10 years or more, show great promise in benefiting the most disadvantaged children and youth; and (5) violent juvenile crime is a national problem, and the most disadvantaged children and youth need support specifically targeted to help them from becoming involved in, or a victim of, violent juvenile crime.", "id": "HA20646BFC41F4B4BAA4DD627C64D6866", "header": "Findings" }, { "text": "3. Purposes \nThe purposes of this Act are as follows: (1) To establish a national demonstration project to promote learning about successful early and sustained childhood interventions, with programs carried out by Friends of the Children local chapters, by employing and measuring an effective approach for improving the lives and future prospects of the most disadvantaged children and youth. (2) To demonstrate an effective early intervention program that serves the most disadvantaged children and youth through private/public partnerships to prevent the need for costly incarceration, rehabilitation, and treatment at a later date. (3) To document best practices for conducting a successful early intervention for the most disadvantaged children and youth, based on the results of Friends of the Children local chapters. (4) To produce lessons and data from the operating experiences of those Friends of the Children local chapters that will provide information to improve policy in the public and private sectors.", "id": "H8E9960B4E514470BBAC58448580066C3", "header": "Purposes" }, { "text": "4. Establishment of demonstration project \n(a) In general \nFrom amounts made available to carry out this Act, the Attorney General shall carry out a demonstration project under which the Attorney General makes a grant to Friends of the Children, National Office, to be subgranted by such office to Friends of the Children local chapters to pay for the Federal share of the cost of carrying out early intervention programs under this Act. (b) Eligible local chapters \nFriends of the Children local chapters serving the following cities are eligible to participate in the demonstration project: (1) Chester, Pennsylvania. (2) Cincinnati, Ohio. (3) Eugene, Oregon. (4) Klamath Falls, Oregon. (5) New York, New York. (6) Portland, Oregon. (7) Salem, Oregon. (8) San Francisco, California. (9) Seattle, Washington. (10) Wilmington, Delaware. (11) Boston, Massachusetts. (c) Federal share \n(1) In general \nThe Federal share of the cost referred to in subsection (a) may not exceed 75 percent. (2) Non-federal share \nThe non-Federal share of such cost may be provided in cash or in-kind.", "id": "H92B30158B5FB44D3A9C03B178EDCBFFF", "header": "Establishment of demonstration project" }, { "text": "5. Eligibility \n(a) In general \nTo be eligible to receive a subgrant under this Act, a Friends of the Children local chapter serving a city referred to in subsection (b) shall submit an application to Friends of the Children, National Office, at such time, in such manner, and containing such information as Friends of the Children, National Office may require. (b) Selection criteria \nIn making subgrants under this Act, Friends of the Children, National Office, shall consider the ability of the Friends of the Children local chapter— (1) to implement an early intervention program for the most disadvantaged children and youth; (2) to identify and target the most disadvantaged children and youth through a three-tiered process of identifying the children including— (A) several weeks of classroom (either kindergarten or first grade) observation; (B) assessment forms completed by the classroom teachers and other relevant school staff; and (C) a closed session with elementary school teachers, family, counselors, and administrators; and (3) to participate in an evidence-based evaluation of the early intervention program for the most disadvantaged children and youth.", "id": "HEC5C059CEEC449BBAC2965000064A83B", "header": "Eligibility" }, { "text": "6. Uses of funds \n(a) Programs \n(1) Core features \nA Friends of the Children local chapter that receives a subgrant under this Act shall use some or all of the subgrant amounts to carry out an early intervention program with the following core features: (A) Target group \nThe program shall target children between the ages of 5 and 7 years old for initial enrollment who— (i) are at most risk of— (I) abuse and neglect; (II) school failure; (III) juvenile delinquency and gang and drug involvement; and (IV) teen pregnancy; and (ii) are unlikely to develop any form of resiliency without intensive, long-term intervention; and (iii) as adults, are likely to have problems with mental illness, substance abuse, and the criminal justice system. (B) Professional mentors \nThe program shall make significant use of professional adult role models to serve no more than eight children through one-on-one relationships on a weekly basis for approximately 12 years. (C) Long-term involvement \nProfessional mentors will engage each child one-on-one on a weekly basis for approximately 12 years (2) Permissible services \nThe Friends of the Children local chapter may use some of the subgrant amounts to secure training and technical assistance from the Friends of the Children National Office to build its infrastructure to improve its capacity to service youth. (b) Evaluation and related activities \nFriends of the Children National Office shall (and may use grant amounts under this Act, without regard to the limitation set forth in (c)(2) of this section, to)— (1) prepare and implement an evaluation design for evaluating the Friends of the Children local chapters that receive subgrants under this Act; (2) conduct annual evaluations of the performance and progress of the early intervention programs under this Act; (3) provide training and technical assistance to the Friends of the Children local chapters, based on such annual evaluations; (4) prepare and submit to the Attorney General a report that describes the activities of such programs and the results of such evaluations; and (5) disseminate information and results generated from the operation of the demonstration project and the resulting evaluation with policy makers in the public and private sectors.", "id": "H75FA5EA4DBBA4CBC825DF0C7383F681D", "header": "Uses of funds" }, { "text": "7. Authorization of appropriations \nThere are authorized to be appropriated to the Attorney General to carry out this Act $7,500,000 for each of the fiscal years 2005 through 2009.", "id": "H6CFCA52C1C0A491182F28FEF81113FAE", "header": "Authorization of appropriations" } ]

[ { "text": "1. Waiver of time limitations \n(a) In general \nThe limitations set forth in sections 6511 and 6514(a) of the Internal Revenue Code of 1986 (relating to limitations on credit or refund and credits or refunds after period of limitation) shall not apply to a claim filed by Christine L. Barrott of Milton, Florida, for credit or refund of overpayments of the individual Federal income tax Christine L. Barrott paid for the taxable years 1990 through 1998. (b) Deadline \nSubsection (a) shall apply only if Christine L. Barrott submits a claim pursuant to such subsection within the 1-year period beginning on the date of the enactment of this Act.", "id": "H9B7B59597F7E4C6700FAD9E4B82C221", "header": "Waiver of time limitations" } ]

[ { "text": "1. Permanent resident status for Griselda Lopez Negrete \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Griselda Lopez Negrete 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 Griselda Lopez Negrete 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 Griselda Lopez Negrete, 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 Griselda Lopez Negrete shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HDF75E35F5E894C959E54B4819780E469", "header": "Permanent resident status for Griselda Lopez Negrete" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Freedom to Display the American Flag Act of 2004.", "id": "H5EF699927C7A4045A4BF8FC5A9D11E7E", "header": "Short title" }, { "text": "2. Definitions \nFor purposes of this Act— (1) the term flag of the United States has the meaning given the term flag, standard, colors, or ensign under section 3 of title 4, United States Code; (2) the terms condominium association and cooperative association have the meanings given such terms under section 604 of Public Law 96–399 ( 15 U.S.C. 3603 ); (3) the term residential real estate management association has the meaning given such term under section 528 of the Internal Revenue Code of 1986 ( 26 U.S.C. 528 ); and (4) the term member — (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96–399 ( 15 U.S.C. 3603 )) within such association; (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96–399 ( 15 U.S.C. 3603 )) within such association; and (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.", "id": "HB9D858622C0B44BFAD8395208F00884C", "header": "Definitions" }, { "text": "3. Right to display the flag of the United States \nA condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.", "id": "HB334B7AD5F034BAEBDE687A02EF296DD", "header": "Right to display the flag of the United States" }, { "text": "4. Limitations \nNothing in this Act shall be considered to permit any display or use that is inconsistent with— (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.", "id": "H772955726D5B4A25A2496E2660070360", "header": "Limitations" } ]

[ { "text": "1. Suspension of duty on 1,2 Hexanediol \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.31 1,2 Hexanediol (CAS No. 6920-22-5) (provided for in subheading 2905.39.90) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 1,2 Hexanediol" } ]

[ { "text": "1. Short title \nThis Act may be cited as the E-mail Privacy Act of 2004.", "id": "H5F3378A66A80486AB43CC37C2F71902C", "header": "Short title" }, { "text": "2. Interceptions \nSection 2510(4) of title 18, United States Code, is amended— (1) by striking the period at the end; and (2) by inserting , and, with respect to an electronic communication, includes the acquisition of the contents of the communication through the use of any electronic, mechanical, or other device, at any point between the point of origin and the point when it is made available to the recipient after device.", "id": "H40A7E04E62BF4F5FA041615885F57179", "header": "Interceptions" }, { "text": "3. Limitation of service provider exception \nSection 2701(c)(1) of title 18, United States Code, is amended by inserting to the extent the access is a necessary incident to the rendition of the service, the protection of the rights or property of the provider of that service, or compliance with section 2702 after service.", "id": "H235F2C21147544AC9E8CB19D5C6CFE", "header": "Limitation of service provider exception" } ]

[ { "text": "1. Authorization of salary adjustments for Federal justices and judges \nPursuant to section 140 of Public Law 97–92 , Justices and judges of the United States are authorized during fiscal year 2005 to receive a salary adjustment in accordance with section 461 of title 28, United States Code.", "id": "H64B37624A7AD41E1B3A634EFC3F38B2B", "header": "Authorization of salary adjustments for Federal justices and judges" } ]

[ { "text": "1. Findings \nThe Congress finds the following: (1) In issuing remote control railroad operation guidelines in 2001, the Federal Railroad Administration noted that its first priority... is to ensure that these operations pose no threat to railroad workers or the general public. (2) The Nation’s freight rail system is relatively open to outside access when compared to the aviation system. Security is provided almost solely by private railroad carriers, and terrorists could easily gain access to a remote control locomotive or an operator control unit and then operate a remote control transmitter controlling a remote control locomotive. (3) Remote control locomotives carrying hazardous materials in urban areas could be sabotaged or remote control locomotives could be used to cause intentional accidents with other trains, causing loss of life, release of hazardous materials, and the disruption of interstate and international commerce. (4) Therefore, the risk of terrorists hijacking remote control locomotive operations is far too great in situations where remote control locomotives are carrying hazardous materials.", "id": "HA59F560E1DEE4D97B2E94D7F3CF3B2C8", "header": "Findings" }, { "text": "2. Remote control locomotive use \n(a) Prohibition \nNo railroad carrier shall operate or cause to be operated on the general system of railroad transportation a remote control locomotive to carry hazardous materials. (b) Penalty \n(1) A railroad carrier that knowingly violates this section or a rule issued under this section is liable to the United States Government for a civil penalty of at least $5,000 but not more than $50,000 for each violation. A railroad carrier acts knowingly when— (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation continues.", "id": "HD254FB18806048ABBFFB55BEB6E54E48", "header": "Remote control locomotive use" }, { "text": "3. Remote control transmitter security \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that— (1) railroad carriers inventory and maintain a continuous accounting of remote control transmitters; (2) such transmitters be assigned only to personnel with proper identification and authorization to use such devices; and (3) such transmitters be kept in a secure location (under lock and key) when not in use. (b) Penalty \nA railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence.", "id": "H00C510960FDB475D923BF8F395B143D8", "header": "Remote control transmitter security" }, { "text": "4. Remote control locomotive security \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present. (b) Penalty \nA railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence.", "id": "HB64D225F3FCC4FD5ACDF3D419E9FE314", "header": "Remote control locomotive security" }, { "text": "5. Civil penalties \n(a) Hearing requirement \nThe Secretary of Transportation may find that a railroad carrier has violated this Act only after notice and an opportunity for a hearing. The Secretary shall impose a civil penalty under this Act by giving the railroad carrier written notice of the amount of the penalty. (b) Penalty consideration \nIn determining the amount of a civil penalty under this Act, the Secretary shall consider— (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. (c) Civil actions to collect \nThe Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this Act.", "id": "H70F7728DD562436BA1B4BF86C4B376B3", "header": "Civil penalties" }, { "text": "6. Criminal penalty \n(a) In general \nA railroad carrier knowingly violating this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. (b) Knowing violations \nFor purposes of this section— (1) a railroad carrier acts knowingly when— (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement issued by the Secretary of Transportation, is not an element of an offense under this Act.", "id": "H874DFD4957D341C6BC5665215D165887", "header": "Criminal penalty" }, { "text": "7. Definitions \nFor purposes of this Act— (1) the term hazardous material has the meaning given that term in section 5102(2) of title 49, United States Code; (2) the term railroad carrier has the meaning given that term in section 20102 of title 49, United States Code; (3) the term remote control locomotive means a locomotive which, through use of a radio transmitter and receiver system, can be operated by a person not physically located at the controls within the confines of the locomotive cab, but does not include a locomotive that is remotely controlled from the lead locomotive of the same train; and (4) the term remote control transmitter means the transmitter component of a remote control locomotive system.", "id": "H8A70F1E98B0D4EFFBBF3FCB22531B00", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Puerto Rico Hospitals Medicare DSH Equity Act of 2004.", "id": "H5AC29D4934EA4AADB515E7EDF0A0E6A6", "header": "Short title" }, { "text": "2. Calculation of Medicare DSH Payments for PPS hospitals in Puerto Rico \nSection 1886(d)(9)(D)(iii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(9)(D)(iii) ) is amended to read as follows: (iii) Subparagraph (F) (relating to disproportionate share payments), except that for this purpose— (I) the sum described in clause (ii) of this subparagraph shall be substituted for the sum referred to in paragraph (5)(F)(ii)(I); and (II) for discharges occurring on or after October 1, 2004, subclause (I) of paragraph (5)(F)(vi) shall be applied by substituting for the numerator described in such subclause the number of subsection (d) Puerto Rico hospital’s patient days for a cost reporting period which were made up of patients who (for such days) were entitled to benefits under part A of this title and either were eligible in Puerto Rico on a categorically needy basis or medically needy basis as aged, blind or disabled for medical assistance under title XIX..", "id": "H853FEDDCAF28458FAC129230A47D9179", "header": "Calculation of Medicare DSH Payments for PPS hospitals in Puerto Rico" } ]

[ { "text": "1. Permanent resident status for Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum 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 Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, or Roger Fon Tikum enters the United States before the filing deadline specified in subsection (c), he or 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 Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum, the Secretary of State shall instruct the proper officer to reduce by 5, 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 Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HC727C8CD934B4BBB898450241B6B1E6E", "header": "Permanent resident status for Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Repairing Young Women’s Lives Around the World Act.", "id": "HF83A747CE20449AD9B59A5F33870FDAD", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Every minute, 1 woman dies from pregnancy-related complications. 95 percent of these women live in Africa and Asia. (2) For every woman who dies from pregnancy-related complications, 15 to 30 women survive but experience chronic disabilities. The worst is obstetric fistula which is caused when a woman who needs trained medical assistance for a safe delivery, including Caesarian section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina, after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal wall, destroying the tissue and leaving a wound. (4) According to the Department of State: “Pregnancy at an early age often leads to obstetric fistulae and permanent incontinence. [In Ethiopia], treatment is available at only 1 hospital in Addis Ababa that performs over 1,000 fistula operations a year. It estimates that for every successful operation performed, 10 other young women need the treatment. The maternal mortality rate is extremely high due, in part, to food taboos for pregnant women, poverty, early marriage, and birth complications related to FGM [Female Genital Mutilation], especially infibulation.”. (5) Obstetric fistula affects women who survive obstructed labor. (6) In nearly every case of obstetric fistula, the baby will be stillborn and the mother will have physical pain as well as social and emotional trauma from the loss of her child. (7) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (8) The social consequences for women with obstetric fistula include isolation and lack of opportunity, divorce or abandonment, ridicule and shame, inability to start a family, illness, and risk of violence. (9) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. (10) Obstetric fistula was once common throughout the world, but over the last century has been eradicated in Europe, North America, and other developed regions through improved medical care. (11) Obstetric fistula is fully preventable by having a trained medical attendant present during labor and childbirth, delaying early marriage and childbirth, and gaining access to family planning. (12) Obstetric fistula can also be surgically repaired. Surgery requires a specially trained surgeon and support staff, access to an operating theater and to attentive post-operative care. Success rates for surgical repair of fistula are close to 90 percent and cost between $100 and $400. (13) In 2003, the United Nations Population Fund (UNFPA) launched a global campaign to identify and address the incidence of obstetric fistula in Africa and Asia in an effort to develop a means to repair those who are suffering and provide the necessary health services to prevent further cases. The campaign currently supports 20 countries in Africa and Asia and provides surgery to women, trains doctors and nurses, equips hospitals, and undertakes community outreach to prevent further cases. (14) The United States Government provided a voluntary contribution of $21,500,000 to UNFPA for fiscal year 2001 and the Administration's budget request for fiscal year 2002 allocated $25,000,000 for UNFPA. (15) The UNFPA is working in 89 countries to reduce maternal death and disability, including obstetric fistula, through preventive, curative, and rehabilitative methods. (16) In the winter of 2001, the Secretary of State submitted written testimony to the Committee on Foreign Relations of the Senate expressing support for the invaluable work of the UNFPA and for securing funding for the organization. (17) The United States Government, as part of its efforts to improve the dire health conditions of Afghan women, pledged in October 2001 an additional $600,000 to the UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of internally displaced persons within Afghanistan. (18) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to the UNFPA of up to $34,000,000 in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, which was passed by the House of Representatives on a vote of 357 to 66 and by the Senate by unanimous consent and signed into law ( Public Law 107–115 ) by the President on January 10, 2002. However, the President decided not to obligate the funds. (19) In May 2002, the President sent a 3-person delegation to investigate UNFPA programs in China and allegations that the agency was involved in coercive abortion practices. (20) This independent delegation concluded that such allegations were untrue. (21) On May 29, 2002, the delegation sent a letter to the Secretary of State stating the following: First Finding: We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC. First Recommendation: We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.. (22) Regrettably, the Administration overruled the recommendation of its own delegation and invoked an overly broad interpretation of the law in order to eliminate funding for UNFPA.", "id": "HF7B94CB679254AA0B49BFA68471814BB", "header": "Findings" }, { "text": "3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND \nNotwithstanding any other provision of law, in addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $34,000,000 for fiscal year 2004 and each subsequent fiscal year to be available only for United States voluntary contributions to the United Nations Population Fund (UNFPA) only for prevention, remedy, and repair of obstetric fistula.", "id": "H11BC2101724B43EB8717548F007C94F8", "header": "UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Restore Open Government Act of 2004.", "id": "H1170F5E3A0134C6FA90092A8A722933D", "header": "Short title" }, { "text": "2. Table of Contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of Contents Title I—Freedom of information Sec. 101. Revocation of the Ashcroft Memo and the Card Memo Sec. 102. Findings and policy relating to disclosure of information under the Freedom of Information Act Sec. 103. Protection of voluntarily furnished confidential information Title II—Presidential Records Sec. 201. Revocation of Executive Order of November 1, 2001 Title III—Advisory Committees Sec. 301. Presidential inter-agency advisory committees Title IV—Classification of Information Sec. 401. Reducing excessive classification of information Title V—Other provisions Sec. 501. Citizen actions", "id": "HA2826ADDD87E47059F3E15A7A0866EA1", "header": "Table of Contents" }, { "text": "101. Revocation of the Ashcroft Memo and the Card Memo \nThe Memorandum for Heads of all Federal Departments and Agencies” on “The Freedom of Information Act” issued by Attorney General John Ashcroft on October 12, 2001, and the “Memorandum for the Heads of Executive Department and Agencies on Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002, shall have no force or effect.", "id": "HD33FA573F7BD4E2E936E470260A1ED53", "header": "Revocation of the Ashcroft Memo and the Card Memo" }, { "text": "102. Findings and policy relating to disclosure of information under the Freedom of Information Act \n(a) Findings \nCongress finds the following: (1) Public access to information held by the Federal Government is vitally important to the functioning of a democratic society. (2) The Freedom of Information Act was enacted to ensure such public access to information. (3) The Freedom of Information Act specifies limited exemptions to the general requirement for disclosure, where disclosure could potentially threaten other important public policy goals. (4) In establishing the categories of exempt information under the Freedom of Information Act, Congress allowed agencies to withhold information in those categories, but did not in any way mandate or encourage such withholding. (b) Policy \nThe policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act— (1) if such release is required by law; or (2) if such release is allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. (c) Guidance \nAll guidance provided to Federal Government employees responsible for carrying out the Freedom of Information Act shall be consistent with the policy set forth in subsection (b).", "id": "H6F3643FB0D6B47B7A1F290C6C962439D", "header": "Findings and policy relating to disclosure of information under the Freedom of Information Act" }, { "text": "103. Protection of voluntarily furnished confidential information \n(a) In general \nTitle II of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by striking subtitle B and inserting the following: B Protection of Voluntarily Furnished Confidential Information \n211. Protection of voluntarily furnished confidential information \n(a) Definitions \nIn this section: (1) Critical infrastructure \nThe term critical infrastructure has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 ( 42 U.S.C. 5195c(e) ). (2) Furnished voluntarily \n(A) Definition \nThe term furnished voluntarily means a submission of a record that— (i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and (ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government. (B) Benefit \nIn this paragraph, the term benefit does not include any warning, alert, or other risk analysis by the Department. (b) In general \nNotwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if— (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public. (c) Records shared with other agencies \n(1) In general \n(A) Response to request \nAn agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record— (i) not make the record available; and (ii) refer the request to the Department for processing and response in accordance with this section. (B) Segregable portion of record \nAny reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section. (2) Disclosure of independently furnished records \nNotwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record. (d) Withdrawal of confidential designation \nThe provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation. (e) Procedures \nThe Secretary shall prescribe procedures for— (1) the acknowledgement of receipt of records furnished voluntarily; (2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public; (3) the care and storage of records furnished voluntarily; (4) the protection and maintenance of the confidentiality of records furnished voluntarily; and (5) the withdrawal of the confidential designation of records under subsection (d). (f) Effect on State and local law \nNothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department. (g) Report \n(1) Requirement \nNot later than 18 months after the date of the enactment of the Restore Open Government Act of 2004, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including— (A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section; (B) the number of requests for access to records granted or denied under this section; and (C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats. (2) Committees of Congress \nThe committees of Congress specified in this paragraph are— (A) the Committees on the Judiciary and Governmental Affairs of the Senate; and (B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives. (3) Form \nThe report shall be submitted in unclassified form, but may include a classified annex.. (b) Technical and conforming amendment \nThe table of contents for the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by striking the items relating to subtitle B of title II and sections 211 through 215 and inserting the following: Subtitle B—Protection of Voluntarily Furnished Confidential Information Sec. 211. Protection of voluntarily furnished confidential information.", "id": "H2371357112444030A160DA57047E4F2E", "header": "Protection of voluntarily furnished confidential information" }, { "text": "211. Protection of voluntarily furnished confidential information \n(a) Definitions \nIn this section: (1) Critical infrastructure \nThe term critical infrastructure has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 ( 42 U.S.C. 5195c(e) ). (2) Furnished voluntarily \n(A) Definition \nThe term furnished voluntarily means a submission of a record that— (i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and (ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government. (B) Benefit \nIn this paragraph, the term benefit does not include any warning, alert, or other risk analysis by the Department. (b) In general \nNotwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if— (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public. (c) Records shared with other agencies \n(1) In general \n(A) Response to request \nAn agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record— (i) not make the record available; and (ii) refer the request to the Department for processing and response in accordance with this section. (B) Segregable portion of record \nAny reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section. (2) Disclosure of independently furnished records \nNotwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record. (d) Withdrawal of confidential designation \nThe provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation. (e) Procedures \nThe Secretary shall prescribe procedures for— (1) the acknowledgement of receipt of records furnished voluntarily; (2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public; (3) the care and storage of records furnished voluntarily; (4) the protection and maintenance of the confidentiality of records furnished voluntarily; and (5) the withdrawal of the confidential designation of records under subsection (d). (f) Effect on State and local law \nNothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department. (g) Report \n(1) Requirement \nNot later than 18 months after the date of the enactment of the Restore Open Government Act of 2004, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including— (A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section; (B) the number of requests for access to records granted or denied under this section; and (C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats. (2) Committees of Congress \nThe committees of Congress specified in this paragraph are— (A) the Committees on the Judiciary and Governmental Affairs of the Senate; and (B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives. (3) Form \nThe report shall be submitted in unclassified form, but may include a classified annex.", "id": "H985AA92005AE44DCB3C6413D5D808C6C", "header": "Protection of voluntarily furnished confidential information" }, { "text": "201. Revocation of Executive Order of November 1, 2001 \nExecutive Order number 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect, and Executive Order number 12667, dated January 18, 1989 (54 Fed. Reg. 3403), shall apply by its terms.", "id": "H55C967AE09A14E5D89AF88D84E4FA32D", "header": "Revocation of Executive Order of November 1, 2001" }, { "text": "301. Presidential inter-agency advisory committees \n(a) Definition \nThe term Presidential inter-agency advisory committee is any committee or task force that— (1) is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; (2) includes officers or employees of at least two separate Federal agencies; (3) is established or utilized to provide advice, ideas, or recommendations to the President or Vice President on a specified topic or topics; and (4) has at least one officer or employee assigned full-time as a staff member of the committee to support the functions of the committee. (b) Requirements \n(1) The President shall ensure that the names of the members of the committee are published in the Federal Register. (2) The committee must make public each substantive contact between the advisory committee, or individual members of the advisory committee acting on the committee’s behalf, and any person who is not a full-time or permanent part-time officer or employee of the Federal Government, including— (A) the date of the contact; (B) the form of the contact (in person, by telephone, by e-mail, or in writing); (C) the names and affiliations of the parties involved; and (D) the substance of the communication and the communication itself, if in electronic or written form. (3) For purposes of this subsection, a contact shall be considered substantive if the information conveyed influenced or was reflected in any way in the committee’s advice, recommendations, or report to the President or Vice President.", "id": "H8D0B69563377433CB6EC20AC9D07A0A4", "header": "Presidential inter-agency advisory committees" }, { "text": "401. Reducing excessive classification of information \nAs soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval.", "id": "H5FF24479B09D4D9091E90618513DBD65", "header": "Reducing excessive classification of information" }, { "text": "501. Citizen actions \nSection 552(a)(4)(E) of title 5, United States Code, is amended— (1) by inserting , or in any case seeking information from a Federal agency or official under any other Federal law, after case under this section ; and (2) by adding at the end the following: For purposes of this section, a complainant has substantially prevailed if the complainant has obtained some of its requested relief through a judicial or administrative order or an enforceable written agreement, or if the complainant’s pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought..", "id": "HDE784158CAAC440C9CB9AE10511F05A1", "header": "Citizen actions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Taxpayer-Teacher Protection Act of 2004.", "id": "H5325702DD5D0405DA844741FC9D3C61", "header": "Short title" }, { "text": "2. Reduction of special allowance payments for loans from the proceeds of tax exempt issues \nSection 438(b)(2)(B) ( 20 U.S.C. 1087–1(b)(2)(B) ) is amended— (1) in clause (i), by striking this division and inserting this clause ; (2) in clause (ii), by striking division (i) of this subparagraph and inserting clause (i) of this subparagraph ; (3) in clause (iv), by inserting or refunded after September 30, 2004, and before October 1, 2005, after October 1, 1993, ; and (4) by adding at the end the following new clause: (v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for a holder of loans that— (I) were made or purchased with funds— (aa) obtained from the issuance of obligations the income from which is excluded from gross income under the Internal Revenue Code of 1986 and which obligations were originally issued before October 1, 1993; or (bb) obtained from collections or default reimbursements on, or interest or other income pertaining to, eligible loans made or purchased with funds described in division (aa), or from income on the investment of such funds; and (II) are— (aa) financed by such an obligation that has matured, or been retired or defeased; (bb) refinanced after September 30, 2004, and before October 1, 2005, with funds obtained from a source other than funds described in subclause (I) of this clause; or (cc) sold or transferred to any other holder after September 30, 2004, and before October 1, 2005..", "id": "HD72B5DA48DCE467FBF140015E500C714", "header": "Reduction of special allowance payments for loans from the proceeds of tax exempt issues" }, { "text": "3. Loan forgiveness for teachers \n(a) Implementing highly qualified teacher requirements \n(1) Amendments \n(A) FFEL loans \nSection 428J(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b)(1) ) is amended— (i) in subparagraph (A), by inserting ‘‘and’’ after the semicolon; and (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965; and. (B) Direct loans \nSection 460(b)(1)(A) of such Act ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (i) in clause (i), by inserting ‘‘and’’ after the semicolon; and (ii) by striking clauses (ii) and (iii) and inserting the following: (ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and. (2) Transition rule \n(A) Rule \nThe amendments made by paragraph (1) of this subsection to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as such sections were in effect on the day before the date of enactment of this Act. (B) Rule not applicable to increased qualified loan amounts \nSubparagraph (A) of this paragraph shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(c)(3) and 460(c)(3) of the Higher Education Act of 1965 as added by subsection (b) of this section. (b) Additional amounts eligible to be repaid \n(1) FFEL loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended by adding at the end the following: (3) Additional amounts for teachers in mathematics, science, or special education \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.. (2) Direct loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended by adding at the end the following: (3) Additional amounts for teachers in mathematics, science, or special education \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b)(1); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b)(1); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.. (3) Effective date \nThe amendments made by this subsection shall apply only with respect to eligible individuals who are new borrowers (as such term is defined in 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) on or after October 1, 1998, and before August 16, 2005.", "id": "HF73C5CE8C87740FA989C22396758ED9B", "header": "Loan forgiveness for teachers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Egyptian Counterterrorism and Political Reform Act.", "id": "H783E31510CA248B2A27520E7F2A1F4DD", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Egypt is not a reliable ally in the war on terrorism. (2) The Middle East Media Research Institute (MEMRI) reports that only two weeks before the September 11, 2001, attacks, the Egyptian Government daily newspaper Al-Akhbar published a column that stated: The Statue of Liberty, in New York Harbor, must be destroyed because of following the idiotic American policy that goes from disgrace to disgrace in the swamp of bias and blind fanaticism.. (3) According to the Middle East Media Research Institute, the Egyptian Government weekly newspaper Al-Ahram Al-Arabi published on September 22, 2001, an op-ed article that stated: For many long years, America made many peoples in the world cry. It was always [America] that carried out the acts; now, acts are being carried out [against] it. A cook who concocts poison must one day also taste that poison!. (4) In the 1979 peace treaty between Egypt and Israel, signed after the Camp David Accords, each party agreed to ensure that acts or threats of belligerency, hostility or violence do not originate from and are not committed from within its territory... against the population, citizens, or property of the other party.. (5) The Israeli Defense Forces have repeatedly found arms smuggling tunnels between Egypt and the Gaza Strip. More than 40 tunnels were discovered in 2003. Some of these tunnels originate in Egyptian army and police outposts. (6) Egyptian President Mubarak publicly stated that Hezbollah had a right to attack Israelis in Southern Lebanon. (7) The Middle East Media Research Institute reports that Dr. Ahmad Al-Tayyeb, recently appointed by the Egyptian Government to be the Mufti of Egypt, told a conference at the University of Cairo in March 2003 that martyrdom operations, in which the Palestinians blow up targets of the Israeli occupation, are actions that are 100 percent permitted according to Islamic religious law, and it is forbidden to facilitate attack of a Muslim country... Any attempt to invade Iraq is forbidden by Islamic religious law and by morality, and Islam forbids it, and even commands its believers to resist attempts at invasion and occupation.. (8) According to the Middle East Media Research Institute, on August 17, 2001, the Egyptian Government daily newspaper Al-Akhbar contained an editorial that stated: All that we have left to say to the sons of Palestine... Kill your enemies wherever you may find them. This is a life and death conflict between you and them and it will not be over through calming attempts. The only thing that will force your enemy to surrender and to accept your demands is force, whatever the sacrifices may be.. (9) On May 9, 2003, President Bush stated: Over time, the expansion of liberty throughout the world is the best guarantee of security throughout the world. Freedom is the way to peace.... We're determined to help build a Middle East that grows in hope, instead of resentment. Because of the ideals and resolve of this Nation, you and I will not live in an age of terror. We will live in an age of liberty.. (10) In November 2003 President Bush stated: The great and proud nation Egypt... should show the way toward democracy in the Middle East.. (11) The United States Government’s Middle East Partnership Initiative (MEPI) champions an expanded public space where democratic voices can be heard in the political process, and the people have a choice in governance. (12) Egypt is a dictatorship. The due process and separation of powers key to any functioning democracy have been stifled in Egypt since Hosni Mubarak assumed the presidency more than 22 years ago. The so-called emergency powers he renews every three years allow him to arrest political opponents, their family and friends. Some experts believe that President Mubarak's refusal to name a successor or vice president suggests his intention to have his son, Gamal Mubarak, succeed him. (13) Egypt regularly tortures its citizens. According to the Egyptian Organization for Human Rights approximately 13,000 to 16,000 people are detained without charge on suspicion of security or political offenses in Egypt each year. Amnesty International published a report last year stating that everyone taken into detention in Egypt is at risk of torture. (14) The Washington Post reported on January 6, 2004, that 14 people have been allegedly tortured and killed in Egyptian jails over the course of the past 2 years. (15) The Coptic Christian minority of between 6 and 10 million in Egypt is victimized regularly, and remains without protection. The Government of Egypt has never taken responsibility for the arrest and torture of more than 1,200 Copts in late 1998 in the wake of sectarian violence. (16) In the 1979 peace treaty between Egypt and Israel, each party agreed that the normal relationship between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts, and discriminatory barriers to the free movement of people and good, and will guarantee the mutual enjoyment by citizens of the due process of law. (17) As a member of the Arab League, which maintains a boycott against Israel, Egypt recalled its ambassador to Israel in November of 2000, putting immense strain on the diplomatic relations established between the two countries 25 years ago at Camp David. (18) In the 1979 peace treaty between Egypt and Israel, each party agreed that the Parties shall seek to foster mutual understanding and tolerance and will, accordingly, abstain from hostile propaganda against each other. (19) The American Jewish Committee reported that the government controlled newspaper, Al-Ahkbar, published two award-winning columns entitled, Thanks to Hitler. The Middle East Media Research Institute reported that another government controlled paper, Al-Ahram, suggested that responsibility for [the August bombing in the Iraqi city of Najaf] is Western responsibility—and more specifically, American. (20) The television series Knight Without a Horse was broadcast on Egypt's state-run television during Ramadan 2002. The television program was based on the Protocols of the Elders of Zion, an anti-Semitic document that suggests that Jews are planning to take over the world. (21) On March 23, 2003, The Washington Post reported: The most popular singer in Egypt is Shaaban Abdel-Rahim, an illiterate man whose tape I hate Israel has sold more than 5 million copies. One of the most successful plays, Mama America , a virulently anti-American piece by well-known artist Mohammed Sobhi, has been running for months..", "id": "H0AF3829BD27D44849EEFF5BD58D92F6C", "header": "Findings" }, { "text": "3. Prohibition on United States military assistance for Egypt \n(a) Prohibition \nNotwithstanding any other provision of law, for fiscal year 2005 and subsequent fiscal years, United States military assistance may not be provided for Egypt. (b) Waiver \nThe President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so.", "id": "H6A83D562D7DE463DB5478E99ACA89EFC", "header": "Prohibition on United States military assistance for Egypt" }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) the amount of United States military assistance that would have been provided for Egypt for a fiscal year but for the application of section 3(a) should be provided for Egypt for such fiscal year in the form of economic support fund assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 and further that such assistance should be in addition to economic support fund assistance already proposed to be provided for Egypt for such fiscal year; (2) funds for economic support fund assistance for Egypt should not be used by the armed forces of Egypt; (3) 30 days prior to the initial obligation of funds for economic support fund assistance for Egypt for a fiscal year, the President should certify to Congress that procedures have been established to ensure that the Comptroller General will have access to appropriate United States financial information in order to review the uses of such funds; and (4) the agreement among the United States, Egypt, and Israel to decrease the overall amount of United States foreign assistance for both countries should continue.", "id": "HFEC30609454047A49B32645F00009563", "header": "Sense of Congress" }, { "text": "5. Definition \nIn this Act, the term United States military assistance means— (1) assistance for nonproliferation, anti-terrorism, demining and related programs and activities, including assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to anti-terrorism assistance) and assistance under chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities; (2) assistance under section 541 of the Foreign Assistance Act of 1961 (relating to international military education and training); and (3) assistance under section 23 of the Arms Export Control Act (relating to the Foreign Military Finance program).", "id": "HBEF53825C5934B50BD17C7EBE231A278", "header": "Definition" } ]

[ { "text": "1. Removal of potential nuclear weapons materials from vulnerable sites worldwide \n(a) Sense of Congress \nIt is the sense of Congress that removing potential nuclear weapons materials from vulnerable sites around the world would reduce the possibility that such materials could fall into the hands of al Qaeda or other groups and states hostile to the United States, and should be a top priority for achieving the national security of the United States. (b) Task Force on Nuclear Material Removal \n(1) The President shall establish in the Department of Energy a task force to be known as the Task Force on Nuclear Material Removal (in this section referred to as the Task Force ). (2) The head of the Task Force shall be the Director of the Task Force on Nuclear Material Removal, who shall be appointed by the President for that purpose. (3) The Director of the Task Force shall report directly to the Deputy Administrator for Defense Nuclear Nonproliferation of the National Nuclear Security Administration regarding the activities of the Task Force under this section. (4) (A) The Secretary of Energy, the Administrator for Nuclear Security, and the Deputy Administrator for Defense Nuclear Nonproliferation shall assign to the Task Force personnel having such experience and expertise as is necessary to permit the Task Force to carry out its mission under this section. (B) The Secretary of Energy and the Administrator for Nuclear Security shall jointly consult with the Assistant to the President for National Security Affairs, the Secretary of State, the Secretary of Defense, the Chairman of the Nuclear Regulatory Commission, the heads of other appropriate departments and agencies of the Federal Government, and appropriate international organizations in order to identify and establish mechanisms and procedures to ensure that the Task Force is able to draw quickly on the capabilities of the departments and agencies of the Federal Government and such international organizations to carry out its mission under this section. (C) Mechanisms under subparagraph (B) may include the assignment to the Task Force of personnel of the Department of Energy and of other departments and agencies of the Federal Government. (5) The President may establish within the Executive Office of the President a mechanism for coordinating the activities of the Task Force under this section. (c) Mission \nThe mission of the Task Force shall be to ensure that potential nuclear weapons materials are entirely removed from the most vulnerable sites around the world as soon as practicable after the date of the enactment of this Act. (d) Assistance \nTo assist the Task Force in carrying out its mission under this section, the Secretary of Energy may— (1) provide funds to remove potential nuclear weapons materials from vulnerable sites, including funds to cover the costs of— (A) transporting such materials from such sites to secure facilities; (B) providing interim security upgrades for such materials pending their removal from their current sites; (C) managing such materials after their arrival at secure facilities; (D) purchasing such materials; (E) converting such sites to the use of low-enriched uranium fuels; (F) assisting in the closure and decommissioning of such sites; and (G) providing incentives to facilitate the removal of such materials from vulnerable facilities; (2) arrange for the shipment of potential nuclear weapons materials to the United States, or to other countries willing to accept such materials and able to provide high levels of security for such materials, and dispose of such materials, in order to ensure that United States national security objectives are accomplished as quickly and effectively as possible; and (3) provide funds to upgrade security and accounting at sites where, as determined by the Secretary, potential nuclear weapons materials will remain for an extended period in order to ensure that such materials are secure against plausible potential threats, and will remain so in the future. (e) Report \n(1) Not later than 30 days after the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Energy, in coordination with other relevant Federal Government and international agencies, shall submit to Congress a report that includes the following: (A) A list of the sites determined by the Task Force to be of the highest priorities for removal of potential nuclear weapons materials, based on the quantity and attractiveness of such materials at such sites and the risk of theft or diversion of such materials for weapons purposes. (B) An inventory of all sites worldwide where highly-enriched uranium or separated plutonium is located, including, to the extent practicable, a prioritized assessment of the terrorism and proliferation risk posed by such materials at each such site, based on the quantity of such materials, the attractiveness of such materials for use in nuclear weapons, the current level of security and accounting for such materials, and the level of threat (including the effects of terrorist or criminal activity and the pay and morale of personnel and guards) in the country or region where such sites are located. (C) A strategic plan, including measurable milestones and metrics, for accomplishing the mission of the Task Force under this section. (D) An estimate of the funds required to complete the mission of the Task Force under this section, set forth by year until anticipated completion of the mission. (E) The recommendations of the Secretary on whether any further legislative actions or international agreements are necessary to facilitate the accomplishment of the mission of the Task Force. (F) Such other information on the status of activities under this section as the Secretary considers appropriate. (2) The report shall be submitted in unclassified form, but may include a classified annex. (f) Potential nuclear weapons material defined \nIn this section, the term potential nuclear weapons material means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated materials if the radiation field from such materials is not sufficient to prevent the theft and use of such materials for an explosive nuclear chain reaction. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Department of Energy for fiscal year 2005 for activities of the National Nuclear Security Administration in carrying out programs necessary for national security for purposes of defense nuclear nonproliferation activities, $40,000,000 to carry out this section.", "id": "H4A8E92BAA85244A68F401F7E76F4EB4C", "header": "Removal of potential nuclear weapons materials from vulnerable sites worldwide" } ]

[ { "text": "1. Payments to united states prisoners of war based on court judgment \n(a) Payments \nThe Secretary of the Treasury shall pay, out of funds described in subsection (b), $1,000,000 to each of the 17 plaintiffs in the case of Acree v. Republic of Iraq, 271 F.Supp. 2d 179 (D.D.C. 2003) that were held captive by Iraq during the first Gulf War. (b) Source of funds \n$17,000,000 shall be available, from unobligated funds appropriated under chapter 2 of title II of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, under the heading OTHER BILATERAL ECONOMIC ASSISTANCE — Funds Appropriated to the President — iraq relief and reconstruction fund , for payments under subsection (a).", "id": "H909CC35469E245BCAF967DE55E2DE3AC", "header": "Payments to united states prisoners of war based on court judgment" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Satellite Home Viewer Extension and Reauthorization Act of 2004. (b) Table of contents \nSec. 1. Short title; table of contents Title II—Federal Communications Commission Operations Sec. 201. Extension of retransmission consent exemption Sec. 202. Cable/satellite comparability Sec. 203. Carriage of local stations on a single dish Sec. 204. Replacement of distant signals with local signals Sec. 205. Additional notices to subscribers, networks, and stations concerning signal carriage Sec. 206. Privacy rights of satellite subscribers Sec. 207. Reciprocal bargaining obligations Sec. 208. Unserved digital customers Sec. 209. Reduction of required tests Sec. 210. Carriage of certain additional stations", "id": "H6B18D4A7A9274A4E917BAE248F655E67", "header": "Short title; table of contents" }, { "text": "201. Extension of retransmission consent exemption \nSection 325(b)(2)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(2)(C) ) is amended by striking December 31, 2004 and inserting December 31, 2009.", "id": "H171DF3BA8FA849739176F07094A9EDBD", "header": "Extension of retransmission consent exemption" }, { "text": "202. Cable/satellite comparability \n(a) Amendment \nPart I of title III of the Communications Act of 1934 is amended by inserting after section 339 ( 47 U.S.C. 339 ) the following new section: 340. Significantly viewed signals permitted to be carried \n(a) Significantly viewed stations \nIn addition to the broadcast signals that subscribers may receive under section 338 and 339, a satellite carrier is also authorized to retransmit to subscribers located in a community the signal of any station that a cable system in the same community is authorized to retransmit pursuant to section 111 of title 17, United States Code, if such station is treated as significantly viewed in the county within which such community is located in accordance with the rules, regulations, and authorizations of the Commission. (b) Limitations \n(1) Analog service limited to subscribers taking local-into-local service \nWith respect to a signal that originates as an analog signal of a television broadcast station, this section shall apply only to retransmissions to subscribers who receive retransmissions from a satellite carrier pursuant to the statutory license under section 122 of title 17, United States Code. (2) Digital service limitations \nWith respect to a signal that originates as a digital signal of a network station, this section shall apply only if— (A) the subscriber receives from the satellite carrier pursuant to the statutory license under section 122 of title 17, United States Code, the retransmission of the digital signal of a network station in the subscriber’s local market that is affiliated with the same television network; and (B) either— (i) the retransmission of the local network station occupies at least the equivalent bandwidth as the digital signal retransmitted pursuant to this section; or (ii) the retransmission of the local network station carries the entire bandwidth of the digital signal broadcast by such local network station. (3) Limitation not applicable where no network affiliates \nThe limitations in paragraphs (1) and (2) shall not prohibit a retransmission under this section to a subscriber located in a local market in which there are no network stations affiliated with the same television network as the station whose signal is being retransmitted pursuant to this section. (4) Authority to grant station-specific waivers \nNotwithstanding paragraphs (1) and (2), a satellite carrier may provide to subscribers the retransmission of a network station that is determined to be significantly viewed under this section, if and to the extent that the network station in the local market in which the subscriber is located, and that is affiliated with the same television network, has granted a waiver from the requirements of paragraph (1) and (2) to such satellite carrier with respect to such significantly viewed station. (c) Modifications of list \n(1) Petitions from satellite carriers \nIn addition to cable operators and television broadcast station licensees, the Commission shall permit a satellite carrier to petition for decisions and orders— (A) by which stations and communities may be added to those that are eligible for retransmission under subsection (a) ; and (B) by which stations and communities may be determined to be eligible for retransmission under paragraph (2) of this subsection. (2) Application of criteria to communities without cable service \nIn addition to the stations and communities that are eligible for retransmission under subsection (a) , in a community that is not served by a cable system, a satellite carrier is also authorized to retransmit to subscribers located in such community the signal of any station that a cable system in that community would be authorized to retransmit pursuant to section 111 of title 17, United States Code, if such signal would be treated as significantly viewed in the county within which such community is located in accordance with the rules, regulations, and authorizations of the Commission. (d) Effect on other obligations and rights \n(1) No effect on carriage obligations \nCarriage of a signal under this section is not mandatory, and any right of a station licensee to have the signal of such station carried under section 338 is not affected by the eligibility of such station to be carried under this section. (2) Retransmission consent rights not affected \nThe eligibility of the signal of a station to be carried under this section does not affect the right of the licensee of such station to grant (or withhold) retransmission consent under section 325(b)(1). (e) Network nonduplication and syndicated exclusivity \n(1) Not applicable except as provided by commission regulations \nSignals eligible to be carried under this section are not subject to the Commission’s regulations concerning network nonduplication or syndicated exclusivity unless, pursuant to regulations adopted by the Commission, the Commission determines to permit network nonduplication or syndicated exclusivity to apply within the appropriate zone of protection. (2) Limitation \nNothing in this subsection or Commission regulations shall permit the application of network nonduplication or syndicated exclusivity regulations to the retransmission of distant signals of network stations that are carried by a satellite carrier pursuant to a statutory license under section 119(a)(2)(A) or (B), with respect to persons who reside in unserved households, under 119(a)(4)(A), or under section 119(a)(12). (f) Enforcement proceedings \n(1) Notice by television broadcast stations \nIf a television broadcast station believes that a satellite carrier has retransmitted to any subscriber in the local market of such station the signal of another television broadcast station affiliated with the same television network in violation of this section, the station may provide the satellite carrier with written notice of such violation. Such notice shall be provided via overnight delivery, addressed to the chief executive officer of the satellite carrier at its principal place of business and marked URGENT LITIGATION MATTER on the outer packaging. Such notification shall set forth— (A) the name, address, and call letters of the station that is claimed to have been unlawfully retransmitted (for purposes of this subsection, the imported station ); (B) the name and address of the satellite carrier; (C) the dates on which the alleged retransmission occurred; (D) the street address of at least one person to whom the alleged retransmission was made; (E) a statement that the retransmission was not permitted because— (i) the Commission had not determined that the imported station is significantly viewed in the relevant community; (ii) the subscriber is not eligible for the retransmission of the signal because of the limitation in subsection (b) (1) or (2); (iii) the satellite carrier had not provided the notification required by subsection (h)(3); or (iv) two or more of the above; and (F) the name and address of counsel for the station. (2) Complaints by television broadcast stations \nIf, within 30 days of providing to the satellite carrier a notice pursuant to paragraph (1), the satellite carrier has not cured the alleged retransmission in violation of this section, or if the satellite carrier cures the alleged violation after notice and then renews such violation within the next two years, the station may file a complaint with the Commission. Such complaint shall set forth the information provided in a notice under paragraph (1). (3) Service of complaints on satellite carriers \nFor purposes of any proceeding under this subsection, any satellite carrier that retransmits the signal of any broadcast station shall be deemed to designate the Secretary of the Commission as its agent for service of process. A television broadcast station may serve a satellite carrier with a complaint concerning an alleged violation of this section through retransmission of a station within the local market of such station by filing the original and two copies of the complaint with the Secretary of the Commission and serving a copy of the complaint on the satellite carrier by means of two commonly used overnight delivery services, each addressed to the chief executive officer of the satellite carrier at its principal place of business, and each marked URGENT LITIGATION MATTER on the outer packaging. Service shall be deemed complete one business day after a copy of the complaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television broadcast station under this subsection, the Secretary of the Commission shall send the original complaint by United States mail, postage prepaid, receipt requested, addressed to the chief executive officer of the satellite carrier at its principal place of business. (4) Answers by satellite carriers \nWithin 20 business days after the date of service, the satellite carrier shall file an answer with the Commission and shall serve the answer by a commonly used overnight delivery service and by United States mail, on the counsel designated in the complaint at the address listed for such counsel in the complaint. The answer shall include, as a schedule, a complete and accurate list of all subscribers to which the satellite carrier retransmitted the imported station into the community in question pursuant to this section for each month during the relevant time period. Such subscriber information submitted by a satellite carrier may be used only for purposes of determining compliance by the satellite carrier with this section. (5) Defenses \n(A) Exclusive defenses \nThe defenses under this paragraph are the exclusive defenses available to a satellite carrier against which a complaint under this subsection is filed. (B) Defenses \nThe defenses referred to under subparagraph (A) are the defenses— (i) that the satellite carrier did not retransmit the imported station to any person in the complaining station’s local market pursuant to this section during the time period specified in the complaint; (ii) if the complaining station has alleged that the retransmission was unlawful because the Commission had not determined that the station is significantly viewed in the relevant community, that the Commission had in fact made that determination; (iii) with respect to particular subscribers referenced in the complaint, that those subscribers reside in communities in which the Commission has determined the station to be significantly viewed; (iv) if the complaining station has alleged that the retransmission is unlawful because the subscriber is ineligible for the retransmission because of the limitation in subsection (b) (1) or (2), that such limitation is inapplicable; and (v) if the complaining station has alleged that the retransmission was unlawful because the satellite carrier had not provided the notification required by subsection (h)(3), that the satellite carrier had in fact provided that notification. (6) Counting of violations \nThe unlawful retransmission of a particular television broadcast station on a particular day subsequent to the notice and opportunity to cure described in paragraphs (1) and (2) of this subsection to a single subscriber pursuant to this section shall be considered a separate violation of this section. (7) Procedures \n(A) Regulations \nWithin 60 days after the date of enactment, the Commission shall issue procedural regulations implementing this subsection which shall supersede procedures under section 312. (B) Determinations \n(i) In general \nWithin 45 days after the filing of a complaint, the Commission shall issue a final determination in any proceeding brought under this subsection, unless the Commission issues an interim determination in writing that there has been a genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5), in which case the Commission shall have 135 additional days to issue a final determination. The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties. (ii) Discovery \nThe Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may approve, but only if the Commission first determines that such discovery is necessary to resolve a genuine dispute about material facts, consistent with the obligation to make a final determination within 45 days (or 180 days, as appropriate). (8) Relief \nIf the Commission determines that a satellite carrier has retransmitted the imported stations to at least one person in the complaining station’s local market based on this section and has failed to meet its burden of proving one of the defenses under paragraph (5) with respect to such retransmission, the Commission shall be required to— (A) make a finding that the satellite carrier violated this section with respect to that station; and (B) issue an order containing— (i) a cease-and-desist order directing the satellite carrier immediately to stop making any further retransmissions in violation of this section; (ii) a monetary penalty of $50 per violation, which may be waived by the Commission only if the Commission determines that there was a genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5); and (C) an award to the complainant of the complainant’s costs and reasonable attorney’s fees. (9) Court proceedings on enforcement of commission order \n(A) In general \nOn entry by the Commission of a final order granting relief under this subsection— (i) a television broadcast station may apply within 30 days after such entry to the United States District Court for the District of Columbia for a final judgment enforcing all relief granted by the Commission; and (ii) the satellite carrier may apply within 30 days after such entry to the United States District Court for the District of Columbia for a judgment reversing the Commission’s order. (B) Appeal \n(i) For cases in which the Commission has not determined that there has been a genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5), the procedure for an appeal under this subparagraph by the satellite carrier shall supersede any other appeal rights under Federal or State law. The United States District Court for the District of Columbia may find personal jurisdiction based on the satellite carrier’s ownership of licenses issued by the Commission. An application by a television broadcast station for an order enforcing any cease-and-desist relief granted by the Commission shall be resolved on a highly expedited schedule. No discovery may be conducted by the parties in any such proceeding. The district court shall enforce the Commission order unless the Commission record reflects manifest error and an abuse of discretion by the Commission. (ii) For cases in which the Commission has determined that there has been genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5), the appeals process set forth in section 402 shall apply, with the following caveats: (I) If the Commission has found the retransmissions in question to be in violation of this section, the satellite carrier must cease such retransmissions during the pendency of any appeal. Any such retransmissions after the date of the Commission’s order but prior to any order overturning the Commission on appeal shall be considered violations under paragraph (6). (II) If the Commission has found the retransmissions in question to be not in violation of this section, the satellite carrier may continue such retransmissions during the pendency of the appeal. Any such retransmissions after the date of the Commission’s order but prior to any order overturning the Commission on appeal shall not be considered violations under paragraph (6). (g) Rulemaking \n(1) Requirements \nThe Commission shall— (A) commence a rulemaking proceeding to implement this section by publication of a notice of proposed rulemaking within 180 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 ; (B) include in such notice a list of the stations or communities eligible for carriage under subsection (a); and (C) adopt rules pursuant to such rulemaking within one year after such date of enactment. (2) Interim eligibility \nStations and communities listed as eligible for carriage in the notice of proposed rulemaking issued by the Commission under paragraph (1) may be treated as eligible for carriage under this section on an interim basis pending adoption of such rules and publication of the list of eligible stations and communities under such rules. (h) Additional corresponding changes in regulations \n(1) Community-by-community elections \nThe Commission shall, no later than April 30, 2005, revise section 76.66 of its regulations (47 CFR 76.66), concerning satellite broadcast signal carriage, to permit (at the next cycle of elections under section 325) a television broadcast station that is located in a local market into which a satellite carrier retransmits a television broadcast station on the basis of a statutory license under section 122 of title 17, United States Code, to elect, with respect to such satellite carrier, between retransmission consent pursuant to such section 325 and mandatory carriage pursuant to section 338 separately for each county within such station’s local market, if— (A) the satellite carrier has notified the station, pursuant to paragraph (3), that it intends to carry another affiliate of the same network pursuant to this section during the relevant election period in the station’s local market; or (B) on the date notification under paragraph (3) was due, the satellite carrier was retransmitting into the station’s local market pursuant to this section an affiliate of the same television network. (2) Single negotiations \nIn revising its regulations as required by paragraph (1) , the Commission shall provide that any such station shall conduct a single negotiation for the entire portion of its local market for which retransmission consent is elected. (3) Additional provisions \nThe Commission shall, no later than April 30, 2005, revise its regulations to provide the following: (A) Notifications by satellite carrier \nA satellite carrier’s retransmission of television broadcast stations pursuant to this section shall be subject to the following limitations: (i) In any local market in which the satellite carrier provides service on the basis of a statutory license under section 122 of title 17, United States Code, on the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the carrier may notify a television broadcast station in that market, at least 60 days prior to any date on which the station must thereafter make an election under section 76.66 of the Commission’s regulations (47 CFR 76.66), of— (I) each affiliate of the same television network that the carrier reserves the right to retransmit into that station’s local market pursuant to this section during the next election cycle under such section of such regulations; and (II) for each such affiliate, the communities into which the satellite carrier reserves the right to make such retransmissions. (ii) In any local market in which the satellite carrier commences service on the basis of a statutory license under section 122 of title 17, United States Code, after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the carrier may notify a station in that market, at least 60 days prior to the introduction of such service in that market, and thereafter at least 60 days prior to any date on which the station must thereafter make an election under section 76.66 of the Commission’s regulations (47 CFR 76.66), of each affiliate of the same television network that the carrier reserves the right to retransmit into that station’s local market during the next election cycle under such section of such regulations. (iii) Beginning with the 2005 election cycle, a satellite carrier may only retransmit pursuant to this section during the pertinent election period a signal— (I) as to which it has provided the notifications set forth in clauses (i) and (ii); or (II) that it was retransmitting into the local market under this section as of the date such notifications were due. (B) Harmonization of elections and retransmission consent agreements \nIf a satellite carrier notifies a television broadcast station that it reserves the right to retransmit an affiliate of the same television network during the next election cycle pursuant to this section, the station may choose between retransmission consent and mandatory carriage for any portion of the 3-year election cycle that is not covered by an existing retransmission consent agreement. (i) Definitions \nAs used in this section: (1) Local market; satellite carrier; subscriber; television broadcast station \nThe terms local market , satellite carrier , subscriber , and television broadcast station have the meanings given such terms in section 338(k). (2) Network station; television network \nThe terms network station and television network have the meanings given such terms in section 339(d). (3) Bandwidth \nThe terms equivalent bandwidth and entire bandwidth shall be defined by the Commission by regulation..", "id": "HCAC42041AC5C4AC38DDA2B906D37A1C1", "header": "Cable/satellite comparability" }, { "text": "340. Significantly viewed signals permitted to be carried \n(a) Significantly viewed stations \nIn addition to the broadcast signals that subscribers may receive under section 338 and 339, a satellite carrier is also authorized to retransmit to subscribers located in a community the signal of any station that a cable system in the same community is authorized to retransmit pursuant to section 111 of title 17, United States Code, if such station is treated as significantly viewed in the county within which such community is located in accordance with the rules, regulations, and authorizations of the Commission. (b) Limitations \n(1) Analog service limited to subscribers taking local-into-local service \nWith respect to a signal that originates as an analog signal of a television broadcast station, this section shall apply only to retransmissions to subscribers who receive retransmissions from a satellite carrier pursuant to the statutory license under section 122 of title 17, United States Code. (2) Digital service limitations \nWith respect to a signal that originates as a digital signal of a network station, this section shall apply only if— (A) the subscriber receives from the satellite carrier pursuant to the statutory license under section 122 of title 17, United States Code, the retransmission of the digital signal of a network station in the subscriber’s local market that is affiliated with the same television network; and (B) either— (i) the retransmission of the local network station occupies at least the equivalent bandwidth as the digital signal retransmitted pursuant to this section; or (ii) the retransmission of the local network station carries the entire bandwidth of the digital signal broadcast by such local network station. (3) Limitation not applicable where no network affiliates \nThe limitations in paragraphs (1) and (2) shall not prohibit a retransmission under this section to a subscriber located in a local market in which there are no network stations affiliated with the same television network as the station whose signal is being retransmitted pursuant to this section. (4) Authority to grant station-specific waivers \nNotwithstanding paragraphs (1) and (2), a satellite carrier may provide to subscribers the retransmission of a network station that is determined to be significantly viewed under this section, if and to the extent that the network station in the local market in which the subscriber is located, and that is affiliated with the same television network, has granted a waiver from the requirements of paragraph (1) and (2) to such satellite carrier with respect to such significantly viewed station. (c) Modifications of list \n(1) Petitions from satellite carriers \nIn addition to cable operators and television broadcast station licensees, the Commission shall permit a satellite carrier to petition for decisions and orders— (A) by which stations and communities may be added to those that are eligible for retransmission under subsection (a) ; and (B) by which stations and communities may be determined to be eligible for retransmission under paragraph (2) of this subsection. (2) Application of criteria to communities without cable service \nIn addition to the stations and communities that are eligible for retransmission under subsection (a) , in a community that is not served by a cable system, a satellite carrier is also authorized to retransmit to subscribers located in such community the signal of any station that a cable system in that community would be authorized to retransmit pursuant to section 111 of title 17, United States Code, if such signal would be treated as significantly viewed in the county within which such community is located in accordance with the rules, regulations, and authorizations of the Commission. (d) Effect on other obligations and rights \n(1) No effect on carriage obligations \nCarriage of a signal under this section is not mandatory, and any right of a station licensee to have the signal of such station carried under section 338 is not affected by the eligibility of such station to be carried under this section. (2) Retransmission consent rights not affected \nThe eligibility of the signal of a station to be carried under this section does not affect the right of the licensee of such station to grant (or withhold) retransmission consent under section 325(b)(1). (e) Network nonduplication and syndicated exclusivity \n(1) Not applicable except as provided by commission regulations \nSignals eligible to be carried under this section are not subject to the Commission’s regulations concerning network nonduplication or syndicated exclusivity unless, pursuant to regulations adopted by the Commission, the Commission determines to permit network nonduplication or syndicated exclusivity to apply within the appropriate zone of protection. (2) Limitation \nNothing in this subsection or Commission regulations shall permit the application of network nonduplication or syndicated exclusivity regulations to the retransmission of distant signals of network stations that are carried by a satellite carrier pursuant to a statutory license under section 119(a)(2)(A) or (B), with respect to persons who reside in unserved households, under 119(a)(4)(A), or under section 119(a)(12). (f) Enforcement proceedings \n(1) Notice by television broadcast stations \nIf a television broadcast station believes that a satellite carrier has retransmitted to any subscriber in the local market of such station the signal of another television broadcast station affiliated with the same television network in violation of this section, the station may provide the satellite carrier with written notice of such violation. Such notice shall be provided via overnight delivery, addressed to the chief executive officer of the satellite carrier at its principal place of business and marked URGENT LITIGATION MATTER on the outer packaging. Such notification shall set forth— (A) the name, address, and call letters of the station that is claimed to have been unlawfully retransmitted (for purposes of this subsection, the imported station ); (B) the name and address of the satellite carrier; (C) the dates on which the alleged retransmission occurred; (D) the street address of at least one person to whom the alleged retransmission was made; (E) a statement that the retransmission was not permitted because— (i) the Commission had not determined that the imported station is significantly viewed in the relevant community; (ii) the subscriber is not eligible for the retransmission of the signal because of the limitation in subsection (b) (1) or (2); (iii) the satellite carrier had not provided the notification required by subsection (h)(3); or (iv) two or more of the above; and (F) the name and address of counsel for the station. (2) Complaints by television broadcast stations \nIf, within 30 days of providing to the satellite carrier a notice pursuant to paragraph (1), the satellite carrier has not cured the alleged retransmission in violation of this section, or if the satellite carrier cures the alleged violation after notice and then renews such violation within the next two years, the station may file a complaint with the Commission. Such complaint shall set forth the information provided in a notice under paragraph (1). (3) Service of complaints on satellite carriers \nFor purposes of any proceeding under this subsection, any satellite carrier that retransmits the signal of any broadcast station shall be deemed to designate the Secretary of the Commission as its agent for service of process. A television broadcast station may serve a satellite carrier with a complaint concerning an alleged violation of this section through retransmission of a station within the local market of such station by filing the original and two copies of the complaint with the Secretary of the Commission and serving a copy of the complaint on the satellite carrier by means of two commonly used overnight delivery services, each addressed to the chief executive officer of the satellite carrier at its principal place of business, and each marked URGENT LITIGATION MATTER on the outer packaging. Service shall be deemed complete one business day after a copy of the complaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television broadcast station under this subsection, the Secretary of the Commission shall send the original complaint by United States mail, postage prepaid, receipt requested, addressed to the chief executive officer of the satellite carrier at its principal place of business. (4) Answers by satellite carriers \nWithin 20 business days after the date of service, the satellite carrier shall file an answer with the Commission and shall serve the answer by a commonly used overnight delivery service and by United States mail, on the counsel designated in the complaint at the address listed for such counsel in the complaint. The answer shall include, as a schedule, a complete and accurate list of all subscribers to which the satellite carrier retransmitted the imported station into the community in question pursuant to this section for each month during the relevant time period. Such subscriber information submitted by a satellite carrier may be used only for purposes of determining compliance by the satellite carrier with this section. (5) Defenses \n(A) Exclusive defenses \nThe defenses under this paragraph are the exclusive defenses available to a satellite carrier against which a complaint under this subsection is filed. (B) Defenses \nThe defenses referred to under subparagraph (A) are the defenses— (i) that the satellite carrier did not retransmit the imported station to any person in the complaining station’s local market pursuant to this section during the time period specified in the complaint; (ii) if the complaining station has alleged that the retransmission was unlawful because the Commission had not determined that the station is significantly viewed in the relevant community, that the Commission had in fact made that determination; (iii) with respect to particular subscribers referenced in the complaint, that those subscribers reside in communities in which the Commission has determined the station to be significantly viewed; (iv) if the complaining station has alleged that the retransmission is unlawful because the subscriber is ineligible for the retransmission because of the limitation in subsection (b) (1) or (2), that such limitation is inapplicable; and (v) if the complaining station has alleged that the retransmission was unlawful because the satellite carrier had not provided the notification required by subsection (h)(3), that the satellite carrier had in fact provided that notification. (6) Counting of violations \nThe unlawful retransmission of a particular television broadcast station on a particular day subsequent to the notice and opportunity to cure described in paragraphs (1) and (2) of this subsection to a single subscriber pursuant to this section shall be considered a separate violation of this section. (7) Procedures \n(A) Regulations \nWithin 60 days after the date of enactment, the Commission shall issue procedural regulations implementing this subsection which shall supersede procedures under section 312. (B) Determinations \n(i) In general \nWithin 45 days after the filing of a complaint, the Commission shall issue a final determination in any proceeding brought under this subsection, unless the Commission issues an interim determination in writing that there has been a genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5), in which case the Commission shall have 135 additional days to issue a final determination. The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties. (ii) Discovery \nThe Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may approve, but only if the Commission first determines that such discovery is necessary to resolve a genuine dispute about material facts, consistent with the obligation to make a final determination within 45 days (or 180 days, as appropriate). (8) Relief \nIf the Commission determines that a satellite carrier has retransmitted the imported stations to at least one person in the complaining station’s local market based on this section and has failed to meet its burden of proving one of the defenses under paragraph (5) with respect to such retransmission, the Commission shall be required to— (A) make a finding that the satellite carrier violated this section with respect to that station; and (B) issue an order containing— (i) a cease-and-desist order directing the satellite carrier immediately to stop making any further retransmissions in violation of this section; (ii) a monetary penalty of $50 per violation, which may be waived by the Commission only if the Commission determines that there was a genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5); and (C) an award to the complainant of the complainant’s costs and reasonable attorney’s fees. (9) Court proceedings on enforcement of commission order \n(A) In general \nOn entry by the Commission of a final order granting relief under this subsection— (i) a television broadcast station may apply within 30 days after such entry to the United States District Court for the District of Columbia for a final judgment enforcing all relief granted by the Commission; and (ii) the satellite carrier may apply within 30 days after such entry to the United States District Court for the District of Columbia for a judgment reversing the Commission’s order. (B) Appeal \n(i) For cases in which the Commission has not determined that there has been a genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5), the procedure for an appeal under this subparagraph by the satellite carrier shall supersede any other appeal rights under Federal or State law. The United States District Court for the District of Columbia may find personal jurisdiction based on the satellite carrier’s ownership of licenses issued by the Commission. An application by a television broadcast station for an order enforcing any cease-and-desist relief granted by the Commission shall be resolved on a highly expedited schedule. No discovery may be conducted by the parties in any such proceeding. The district court shall enforce the Commission order unless the Commission record reflects manifest error and an abuse of discretion by the Commission. (ii) For cases in which the Commission has determined that there has been genuine, reasonable, good faith dispute about the applicability of one of the defenses set forth in paragraph (5), the appeals process set forth in section 402 shall apply, with the following caveats: (I) If the Commission has found the retransmissions in question to be in violation of this section, the satellite carrier must cease such retransmissions during the pendency of any appeal. Any such retransmissions after the date of the Commission’s order but prior to any order overturning the Commission on appeal shall be considered violations under paragraph (6). (II) If the Commission has found the retransmissions in question to be not in violation of this section, the satellite carrier may continue such retransmissions during the pendency of the appeal. Any such retransmissions after the date of the Commission’s order but prior to any order overturning the Commission on appeal shall not be considered violations under paragraph (6). (g) Rulemaking \n(1) Requirements \nThe Commission shall— (A) commence a rulemaking proceeding to implement this section by publication of a notice of proposed rulemaking within 180 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 ; (B) include in such notice a list of the stations or communities eligible for carriage under subsection (a); and (C) adopt rules pursuant to such rulemaking within one year after such date of enactment. (2) Interim eligibility \nStations and communities listed as eligible for carriage in the notice of proposed rulemaking issued by the Commission under paragraph (1) may be treated as eligible for carriage under this section on an interim basis pending adoption of such rules and publication of the list of eligible stations and communities under such rules. (h) Additional corresponding changes in regulations \n(1) Community-by-community elections \nThe Commission shall, no later than April 30, 2005, revise section 76.66 of its regulations (47 CFR 76.66), concerning satellite broadcast signal carriage, to permit (at the next cycle of elections under section 325) a television broadcast station that is located in a local market into which a satellite carrier retransmits a television broadcast station on the basis of a statutory license under section 122 of title 17, United States Code, to elect, with respect to such satellite carrier, between retransmission consent pursuant to such section 325 and mandatory carriage pursuant to section 338 separately for each county within such station’s local market, if— (A) the satellite carrier has notified the station, pursuant to paragraph (3), that it intends to carry another affiliate of the same network pursuant to this section during the relevant election period in the station’s local market; or (B) on the date notification under paragraph (3) was due, the satellite carrier was retransmitting into the station’s local market pursuant to this section an affiliate of the same television network. (2) Single negotiations \nIn revising its regulations as required by paragraph (1) , the Commission shall provide that any such station shall conduct a single negotiation for the entire portion of its local market for which retransmission consent is elected. (3) Additional provisions \nThe Commission shall, no later than April 30, 2005, revise its regulations to provide the following: (A) Notifications by satellite carrier \nA satellite carrier’s retransmission of television broadcast stations pursuant to this section shall be subject to the following limitations: (i) In any local market in which the satellite carrier provides service on the basis of a statutory license under section 122 of title 17, United States Code, on the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the carrier may notify a television broadcast station in that market, at least 60 days prior to any date on which the station must thereafter make an election under section 76.66 of the Commission’s regulations (47 CFR 76.66), of— (I) each affiliate of the same television network that the carrier reserves the right to retransmit into that station’s local market pursuant to this section during the next election cycle under such section of such regulations; and (II) for each such affiliate, the communities into which the satellite carrier reserves the right to make such retransmissions. (ii) In any local market in which the satellite carrier commences service on the basis of a statutory license under section 122 of title 17, United States Code, after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the carrier may notify a station in that market, at least 60 days prior to the introduction of such service in that market, and thereafter at least 60 days prior to any date on which the station must thereafter make an election under section 76.66 of the Commission’s regulations (47 CFR 76.66), of each affiliate of the same television network that the carrier reserves the right to retransmit into that station’s local market during the next election cycle under such section of such regulations. (iii) Beginning with the 2005 election cycle, a satellite carrier may only retransmit pursuant to this section during the pertinent election period a signal— (I) as to which it has provided the notifications set forth in clauses (i) and (ii); or (II) that it was retransmitting into the local market under this section as of the date such notifications were due. (B) Harmonization of elections and retransmission consent agreements \nIf a satellite carrier notifies a television broadcast station that it reserves the right to retransmit an affiliate of the same television network during the next election cycle pursuant to this section, the station may choose between retransmission consent and mandatory carriage for any portion of the 3-year election cycle that is not covered by an existing retransmission consent agreement. (i) Definitions \nAs used in this section: (1) Local market; satellite carrier; subscriber; television broadcast station \nThe terms local market , satellite carrier , subscriber , and television broadcast station have the meanings given such terms in section 338(k). (2) Network station; television network \nThe terms network station and television network have the meanings given such terms in section 339(d). (3) Bandwidth \nThe terms equivalent bandwidth and entire bandwidth shall be defined by the Commission by regulation.", "id": "H118C6F8FB0F8425B8FF7E87CCACA6B33", "header": "Significantly viewed signals permitted to be carried" }, { "text": "203. Carriage of local stations on a single dish \nSection 338 of the Communications Act of 1934 ( 47 U.S.C. 338(d) ) is amended— (1) by redesignating subsections (g) and (h) as subsections (j) and (k), respectively; (2) by inserting after subsection (f) the following new subsection: (g) Carriage of local stations on a single dish \n(1) Single dish \nEach satellite carrier that retransmits the signals of local television broadcast stations in a local market shall retransmit the signals of all local television broadcast stations retransmitted by that carrier to subscribers in such market by means of a single reception antenna and associated equipment. (2) Exception \nNotwithstanding paragraph (1) , if the carrier retransmits signals in the digital television service, the carrier shall retransmit the digital television service signals of all the local television broadcast stations retransmitted by that carrier to subscribers in such market by means of a single reception antenna and associated equipment, but such antenna and associated equipment may be separate from the single reception antenna and associated equipment used for signals that are not in the digital television service. (3) Effective date \nThe requirements of paragraphs (1) and (2) of this subsection shall apply on and after one year after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004. (4) Notice of disruptions \nA carrier that is providing signals of a local television broadcast station in a local market under this section on the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 shall, not later than 270 days after such date of enactment, provide to the licensees for such stations and the carrier’s subscribers in such local market a notice that displays prominently and conspicuously a clear statement of— (A) any reallocation of signals between different reception antennas and associated equipment that the carrier intends to make in order to comply with the requirements of this subsection; (B) the need, if any, for subscribers to obtain an additional reception antenna and associated equipment to receive such signals; and (C) any cessation of carriage or other material change in the carriage of signals as a consequence of the requirements of this paragraph. (5) Enforcement \nNotwithstanding any other provision of this section, the Commission may enforce this section and any regulation thereunder in accordance with titles IV and V of this Act..", "id": "HF135EDFF655441318D52B88CC75D34BD", "header": "Carriage of local stations on a single dish" }, { "text": "204. Replacement of distant signals with local signals \nSection 339(a) of the Communications Act of 1934 ( 47 U.S.C. 339(a) ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Replacement of distant signals with local signals \nNotwithstanding any other provision of paragraph (1), the following rules shall apply after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 : (A) Rules for grandfathered subscribers \nIn the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station solely by reason of section 119(e) of title 17, United States Code (in this subparagraph referred to as a `distant signal'), the following shall apply: (i) In a case in which the signal of a local network station affiliated with the same television network is made available pursuant to the statutory license under section 122 by that satellite carrier to the subscriber, the carrier may only provide the secondary transmissions of the distant signal of such network station to that subscriber— (I) if, within 60 days after receiving the notice of the satellite carrier under section 338(h)(1) of the Communications Act of 1934, the subscriber elects to retain the distant signal; but (II) only until such time as the subscriber elects to receive such local signal. (ii) Notwithstanding clause (i) , the carrier may not retransmit the distant signal to any subscriber who is eligible to receive the signal of a network station solely by reason of section 119(e) of title 17, United States Code, unless such carrier, within 60 days after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , submits to that television network the list and statement required by section 338(h)(2). (B) Rules for other subscribers \nIn the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under the statutory license under section 119(a)(2) of title 17, United States Code (in this subparagraph referred to as a distant signal ), other than subscribers to whom subparagraph (A) applies, the following shall apply: (i) In a case in which the signal of a local network station affiliated with the same television network is made available pursuant to the statutory license under section 122 by that satellite carrier to the subscriber on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the carrier may only provide the secondary transmissions of the distant signal of such network station to that subscriber— (I) (aa) if, on such date of enactment, the subscriber is receiving such distant signal and is also receiving such local signal, and (bb) the subscriber's satellite carrier, within 60 days after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , submits to that television network the list and statement required by section 338(h)(2); or (II) (aa) if, on such date of enactment, the subscriber is receiving such distant signal and is not receiving such local signal; but (bb) only until such time as the subscriber elects to receive such local signal. (ii) In a case in which the signal of a local network station affiliated with the same television network is not made available pursuant to the statutory license under section 122 by that satellite carrier to a subscriber on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the carrier may only provide the secondary transmissions of the distant signal of such network station to that subscriber— (I) who is a subscriber of that satellite carrier on such date of enactment, or (II) who becomes a subscriber of that satellite carrier after such date but before the local signal is made available by the carrier, but only until such time as the subscriber elects to receive the local signal from that satellite carrier. (C) Future applicability \nA satellite carrier may not provide a distant signal (within the meaning of subparagraph (A) or (B)) to any person in a location to which the signal of a local network station affiliated with the same television network was made available by that carrier pursuant to the statutory license under section 122 of title 17, United States Code, before the person becomes a subscriber to that carrier. (D) Authority to grant station-specific waivers \nNotwithstanding the provisions of this paragraph, a satellite carrier may provide the distant signal (within the meaning of subparagraph (A) or (B)) of any distant network station to any person to whom the signal of a local network station is available pursuant to the statutory license under section 122 of title 17, United States Code, if and to the extent that such local network station has granted a waiver from the requirements of this paragraph to such satellite carrier with respect to such distant network station. (E) Other provisions not affected \nThis paragraph shall not affect the eligibility of a subscriber to receive secondary transmissions under section 119(a)(3) of title 17, United States Code, or as an unserved household included under section 119(a)(12) of such title..", "id": "H1E16888E84674A918D945119D9B98F30", "header": "Replacement of distant signals with local signals" }, { "text": "205. Additional notices to subscribers, networks, and stations concerning signal carriage \nSection 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ) is further amended by inserting after subsection (g) (as added by section 203 ) the following new subsection: (h) Additional notices to subscribers, networks, and stations concerning signal carriage \n(1) Notices to and elections by subscribers concerning grandfathered signals \nAny carrier that provides a distant signal of a network station to a subscriber pursuant to a statutory license under section 119(a)(4)(A) of title 17, United States Code, shall— (A) within 60 days after the local signal of a network station of the same television network is available pursuant to a statutory license under section 122, or within 60 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, whichever is later, send a notice to the subscriber— (i) offering to substitute the local network signal for the duplicating distant network signal; and (ii) informing the subscriber that, if the subscriber fails to respond in 60 days, the subscriber will lose the distant network signal but will be permitted to subscribe to the local network signal; and (B) if the subscriber— (i) elects to substitute such local network signal within such 60 days, switch such subscriber to such local network signal within 10 days after the end of such 60-day period; or (ii) fails to respond within such 60 days, terminate the distant network signal within 10 days after the end of such 60-day period. (2) Notices to networks of distant signal subscribers \nWithin 60 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , each satellite carrier that provides a distant signal of a network station to a subscriber pursuant to a statutory license under section 119(a)(4)(A) or 119(a)(4)(B)(i) of title 17, United States Code, shall submit to each network— (A) a list, aggregated by designated market area, identifying each subscriber provided such a signal by— (i) name; (ii) address (street or RFD number, city, state, and zip code); and (iii) the distant network signal or signals received; and (B) a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to a statutory license under section 119(a)(4)(A) or 119(a)(4)(B)(i) of title 17, United States Code. (3) Notice to station licensees of commencement of local-into-local service \n(A) Notice required \nWithin 180 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the Commission shall revise the regulations under this section relating to notice to broadcast station licensees to comply with the requirements of this paragraph. (B) Contents of commencement notice \nThe notice required by such regulations shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage— (i) of the carrier’s intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier’s proposed local receive facility for that local market; (ii) of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b); (iii) that such licensee has 30 days from the date of the receipt of such notice to make such election; and (iv) that failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under section 325. (C) Transmission of notices \nSuch regulations shall require that each satellite carrier shall transmit the notices required by such regulation via certified mail to the address for such television station licensee listed in the consolidated database system maintained by the Commission. (4) Notices concerning significantly viewed stations \nEach satellite carrier that proposes to commence the retransmission of a station pursuant to section 340 in any local market shall— (A) not less than 60 days before commencing such retransmission, provide a written notice to any television broadcast station in such local market of a such proposal; and (B) designate on such carrier’s website all significantly viewed signals carried pursuant to section 340 and the communities in which the signals are carried..", "id": "H289E457F19194718BD12AEF247B1A600", "header": "Additional notices to subscribers, networks, and stations concerning signal carriage" }, { "text": "206. Privacy rights of satellite subscribers \n(a) Amendment \nSection 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ) is further amended by inserting after subsection (h) (as added by section 205 ) the following new subsection: (i) Privacy rights of satellite subscribers \n(1) Notice \nAt the time of entering into an agreement to provide any satellite service or other service to a subscriber and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of— (A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (C) the period during which such information will be maintained by the satellite carrier; (D) the times and place at which the subscriber may have access to such information in accordance with paragraph (5); and (E) the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice shall be provided within 180 days of such date and at least once a year thereafter. (2) Definitions \nFor purposes of this subsection, other than paragraph (9)— (A) the term personally identifiable information does not include any record of aggregate data which does not identify particular persons; (B) the term other service includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and (C) the term satellite carrier includes, in addition to persons within the definition of satellite carrier, any person who— (i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and (ii) provides any wire or radio communications service. (3) Prohibitions \n(A) Consent to collection \nExcept as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect programming selection or subscription information from such a subscriber to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. (B) Exceptions \nA satellite carrier may use such facilities to collect such information in order to— (i) obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; or (ii) detect unauthorized reception of satellite communications. (4) Disclosure \n(A) Consent to disclosure \nExcept as provided in subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier. (B) Exceptions \nA satellite carrier may disclose such information if the disclosure is— (i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber; (ii) subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; (iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if— (I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; and (II) the disclosure does not reveal, directly or indirectly, the— (aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or (bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier to collect programming selection or subscription information from such a subscriber; or (iv) to a government entity as authorized under chapters 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier. (5) Access by subscriber \nA satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information. (6) Destruction of information \nA satellite carrier shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order. (7) Penalties \nAny person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action in a United States district court. The court may award— (A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys' fees and other litigation costs reasonably incurred. The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber. (8) Rule of construction \nNothing in this title shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy. (9) Court orders \nExcept as provided in paragraph (4)(B)(iv) , a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order— (A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (B) the subject of the information is afforded the opportunity to appear and contest such entity's claim.. (b) Effective date \nSection 338(i) of the Communications Act of 1934 ( 47 U.S.C. 338(i) ) as amended by subsection (a) of this section shall be effective 60 days after the date of enactment of this Act.", "id": "HB98E6EFE9EA748DCA2808400F234752B", "header": "Privacy rights of satellite subscribers" }, { "text": "207. Reciprocal bargaining obligations \n(a) Amendments \nSection 325(b)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C) ) is amended— (1) by striking Within 45 days and all that follows through 1999, the and inserting The ; (2) by striking the second sentence; (3) by striking and at the end of clause (i); (4) in clause (ii)— (A) by striking January 1, 2006 and inserting January 1, 2010 ; and (B) by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new clauses: (iii) until January 1, 2010, prohibit a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing different terms and conditions, including price terms, with different broadcast stations if such different terms and conditions are based on competitive marketplace considerations.. (b) Deadline \nThe Federal Communications Commission shall prescribe regulations to implement the amendments made by subsection (a)(5) within 180 days after the date of enactment of this Act.", "id": "HEF253997687748E6B10678104839D413", "header": "Reciprocal bargaining obligations" }, { "text": "208. Unserved digital customers \n(a) Inquiry required \nConsistent with the digital television service rules of Federal Communications Commission in effect on the date of enactment of this Act, and the propagation prediction models derived from Bulletin No. 69 of the Commission’s Office of Engineering and Technology, the Commission shall initiate an inquiry to recommend the appropriate methodologies for determining which consumers are in locations where the consumer will be unable, on and after the date on which analog television services are discontinued pursuant to the provisions of section 309(j)(14) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(14) ), to receive broadcast digital television service signals that are transmitted from a station’s permanent digital television channel that are of sufficient intensity to be able to receive and display digital television service using receiving terrestrial outdoor antennas of reasonable cost and ease of installation. Such methodologies shall be based on the current field strength requirements for digital television stations in section 73.622(e)(1) of the Commission’s regulations (47 CFR 622(e)(1)). (b) Report required \nThe Federal Communications Commission shall submit a report on the results of the inquiry required by subsection (a) to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than December 31, 2005. Such report shall include— (1) a proposal, using the best engineering practices for the broadcast television industry, for a predictive methodology for determining both which consumers— (A) receive a digital signal of sufficient intensity to be able to receive and display digital television service using receiving terrestrial outdoor antennas of reasonable cost and ease of installation; or (B) will receive such a signal after a local station begins transmitting on its permanent digital television channel; (2) an analysis of whether it is possible to identify the areas of the country within which consumers will not, on and after the date on which analog television services are discontinued pursuant to the provisions of section 309(j)(14) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(14) ), be able to receive a digital television signal of sufficient intensity to be able to receive and display digital television service using receiving terrestrial outdoor antennas of reasonable cost and ease of installation; and (3) if possible, an identification, on a county-by-county or more localized basis, of such areas for each television network.", "id": "H0684F09C944A4108B3BA88791DA19F5", "header": "Unserved digital customers" }, { "text": "209. Reduction of required tests \nSection 339(c)(4) of the Communications Act of 1934 ( 47 U.S.C. 339(c)(4) ) is amended by inserting after subparagraph (C) the following new subparagraphs: (D) Reduction of verification burdens \nWithin one year after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , the Commission shall by rule exempt from the verification requirements of subparagraph (A) any request for a test made by a subscriber to a satellite carrier— (i) to whom the retransmission of the signals of local broadcast stations is available under section 122 of title 17, United States Code, from such carrier; or (ii) for whom the predictive model required by paragraph (3) predicts a signal intensity that exceeds the signal intensity standard in effect under section 119(d)(11)(A) of such title by such number of decibels as the Commission specifies in such rule. (E) Exception \nNotwithstanding any provision of this Act, this section does not prohibit a subscriber who is predicted to receive a signal that meets or exceeds such signal intensity standard from conducting a signal strength test at the subscriber’s own expense for the purpose of determining their eligibility for distant signals under this section..", "id": "H6691B8369516467183DFCF06EE51383E", "header": "Reduction of required tests" }, { "text": "210. Carriage of certain additional stations \nSection 340 of the Communications Act of 1934, as added by section 202(a) of this Act, is amended by inserting at the end of subsection (c) the following new paragraph: (3) Carriage of certain additional stations \n(A) Additional stations authorized \nIn addition to the signals that are eligible to be carried under subsection (a) and paragraph (2) of this subsection, a satellite carrier is also authorized to retransmit to subscribers in no more than two counties in a State that are in a local market principally comprised of counties in another State, the signals of any television station located in the capital city of the State in which such counties are located, if the total number of television households in the two counties combined did not exceed 10,000 for the year 2003 according to Nielson Media Research. (B) Treatment as significantly viewed; limitations \nSuch signals shall be deemed, solely for purposes of this section, to be significantly viewed in such two counties. In total, a satellite carrier that carries one or more additional signals under this paragraph may retransmit no more than four television broadcast stations in such counties pursuant to this paragraph. All rules applicable to carriage of stations pursuant to subsection (a) or paragraph (2) of this subsection shall apply to carriage of stations pursuant to this paragraph..", "id": "H467B2F7CCCCB46FDA6411F61C7FA3D1", "header": "Carriage of certain additional stations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Navajo Nation Higher Education Act of 2004.", "id": "HC82E1D2938FD4814AEED409BFDB6DAF7", "header": "Short title" }, { "text": "2. Congressional findings \nCongress finds as follows: (1) The Treaty of 1868 between the United States of America and the Navajo Tribe of Indians provides for the education of the citizens of the Navajo Nation. (2) The Navajo Nation created and chartered the Navajo Community College by Resolution CN–95-68 as a wholly owned educational entity of the Navajo Nation. (3) In 1971, Congress enacted the Navajo Community College Act ( Public Law 92–189 ; 25 U.S.C. 640a et seq. ). (4) The Navajo Nation officially changed the name of the Navajo Community College to Diné College by Resolution CAP–35-97. (5) The purpose of Diné College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. (6) The mission of Diné College is to apply the principles of Sa'ah Naagháí Bik'eh Hózhóón (Diné Philosophy) to advance quality student learning through training of the mind and heart— (A) through Nitsáhákees (Thinking), Nahatá (Planning), Iiná (Living), and Sihasin (Assurance); (B) in study of the Diné language, history, philosophy, and culture; (C) in preparation for further studies and employment in a multicultural and technological world; and (D) in fostering social responsibility, community service, and scholarly research that contribute to the social, economic, and cultural well-being of the Navajo Nation. (7) The United States has a trust and treaty responsibility to the Navajo Nation to provide for the educational opportunities for Navajo people. (8) Significant portions of the College’s infrastructure are dilapidated and pose a serious health and safety risk to students, employees and the public. (9) The purposes and intent of this Act are consistent with Executive Order 13270 on tribal colleges and universities and fulfill the United States Government's trust responsibility to serve the educational needs of the Navajo people. (10) The purposes and intent of this Act are consisted with the Executive Order relating to American Indian and Alaska Native education issued on April 30, 2004, and fulfills the United States Government’s responsibility to serve the education needs of the Navajo people.", "id": "H32C3C89850CB4426A1EB005814385DEC", "header": "Congressional findings" }, { "text": "3. Definitions \nFor the purposes of this Act: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Nation \nThe term Nation means the Navajo Nation. (3) College \nThe term College means Diné College. (4) Operations and maintenance \nThe term operation and maintenance means all cost and expenses associated with the customary daily operation of the College and necessary maintenance costs. (5) Infrastructure \nThe term infrastructure means College buildings, water and sewer facilities, roads, foundation, information technology, and telecommunications, including classrooms and external matters such as walkways. (6) Renovations and repairs \nThe term renovations and repairs means modernization and improvements to the infrastructure.", "id": "HFB3CB675E2BF4A2D8F656DE45F935B4C", "header": "Definitions" }, { "text": "4. Reauthorization of Diné College \nCongress authorizes the Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth, including (but not limited to) the following: (1) to provide programs of higher education for citizens of the Nation and others; (2) to provide vocational and technical education for citizens of the Nation and others; (3) to preserve and protect the Navajo language, philosophy, and culture for citizens of the Nation and others; (4) to provide Navajo communities and people with employment and training opportunities; (5) to provide economic development and community outreach for Navajo communities and people; and (6) to provide a safe learning, working, and living environment for students, employees, and the public.", "id": "H871D48539FBF4D8786B52CD198A248C8", "header": "Reauthorization of Diné College" }, { "text": "5. Facilities and capital projects \nThe College is authorized to expend money received pursuant to section 7(c) to undertake all renovations and repairs to the College’s infrastructure, as identified by a strategic plan approved by the College, and submitted to the Secretary.", "id": "H2735E9AFCEDC4CBA8E1BD95B1D069EF8", "header": "Facilities and capital projects" }, { "text": "6. Status of funds \nFunds provided under this Act to the College may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the College be used in a project for a specific purpose.", "id": "HE36EB97E275C42E88602ED2FA540D560", "header": "Status of funds" }, { "text": "7. Authorization of appropriations \n(a) In General \nThere are hereby authorized to be appropriated to the College, for each fiscal year, such amounts as are necessary to pay for the operation and maintenance of the College. (b) Budget Placement \nThe Secretary shall fund the operation and maintenance of the College separately from tribal colleges and universities recognized and funded by the Tribally Controlled College or University Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (c) Facilities and Capital Projects \nIn addition to amounts appropriated under subsection (a), there are authorized to be appropriated to carry out section 5, $15,000,000 for fiscal year 2005 and each of the 4 succeeding fiscal years. Such amounts maybe funded through any one or more of the following agencies: (1) the Department of Interior; (2) the Department of Education; (3) the Department of Heath and Human Services; (4) the Department of Housing and Urban Development; (5) the Department of Commerce; (6) the Environmental Protection Agency; (7) the Department of Veterans Affairs; (8) the Department of Agriculture; (9) the Department of Homeland Security; (10) the Department of Defense; (11) the Department of Labor; and (12) the Department of Transportation.", "id": "H780FF2DCB8BE4A2C979C6071A271942C", "header": "Authorization of appropriations" }, { "text": "8. Survey, study, and report \n(a) Information to Congress \nThe Secretary shall conduct a detailed survey and study of all capital projects and facility needs of the College, and shall report the results of such survey and study to Congress not later than October 31, 2009. Such report shall included any recommendations or views submitted by the College and the Nation, and shall include detailed recommendations by the Secretary. (b) Administrative expenses \nFunds to carry out this section may be drawn from general administrative appropriations to the Secretary.", "id": "HD2A0A4D303FC418C922F8002C7C99BD3", "header": "Survey, study, and report" }, { "text": "9. Supersession of Navajo Community College Act \nThis Act supersedes the Navajo Community College Act ( Public Law 92–189 ; 25 U.S.C. 640a et seq. ), and such Act is repealed.", "id": "H8498B02773C5409CAEC63056E7E7169D", "header": "Supersession of Navajo Community College Act" }, { "text": "10. Continuing eligibility for other Federal funds \nExcept as explicitly provided for in other Federal law, nothing in this Act shall preclude the eligibility of the College to received Federal funding and resources under any program authorized under the Higher Education Act of 1965, the Equity in Educational Land Grant Status Act (Title V, Part C, of P.L. 103–382; 7 U.S.C. 301 note), or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.", "id": "H2FB8616B3F19436C9C671BBE09AD58DF", "header": "Continuing eligibility for other Federal funds" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Homeownership Opportunities for Native Americans Act of 2004.", "id": "HA783B30B7AB44AF4B1A73E2C20F84EB5", "header": "Short title" }, { "text": "2. Federal guarantees for financing for tribal housing activities \nSection 601 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 ) is amended by adding at the end the following new subsection: (d) Limitation on percentage \nA guarantee made under this title shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed..", "id": "H73D3DD33BB0F459395F037B3ADE1D800", "header": "Federal guarantees for financing for tribal housing activities" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Rail and Public Transportation Security 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. Findings Sec. 3. Rail transportation security risk assessment Sec. 4. Rail security Sec. 5. Study of foreign rail transport security programs Sec. 6. Passenger, baggage, and cargo screening Sec. 7. Certain personnel limitations not to apply Sec. 8. Fire and life safety improvements Sec. 9. Transportation security Sec. 10. Intelligence sharing Sec. 11. Research, development, and demonstration Sec. 12. Amtrak plan to assist families of passengers involved in rail passenger accidents Sec. 13. Systemwide Amtrak security upgrades Sec. 14. Freight and passenger rail security upgrades Sec. 15. Department of Transportation oversight Sec. 16. Welded rail and tank car safety improvements Sec. 17. Northern Border rail passenger report Sec. 18. Mass transportation system security improvements", "id": "HFF23F9738F0F4F3A97643DF61F4B6111", "header": "Short title; table of contents" }, { "text": "2. Findings \nCongress finds the following: (1) Since September 11, 2001, the Federal Government has spent $4,500,000,000 annually to protect the Nation’s 2,000,000 air travelers, and only $75,000,000 to secure the Nation’s rail and public transit systems which carry 32,000,000 passengers annually. (2) The Nation’s rail and public transit systems carry 16 times more passengers every day than the airlines, yet the Federal Government has spent 90 times more funding for airline security. (3) Between fiscal years 2003 and 2004 the Department of Homeland Security has reduced transit security funding by 22 percent. (4) Safety and security of the Nation’s freight railroads and intercity passenger rail systems and public transit systems are critical to the Nation’s economy. (5) As demonstrated by the recent terrorist attacks on commuter trains in Madrid, Spain, a real and imminent threat exists and appropriate security measures must be taken immediately. (6) The safety of the 32,000,000 Americans who use the Nation’s public transit systems is the responsibility of the Federal Government. (7) The Nation’s rail and public transit systems have identified $6,000,000,000 in critical security needs. (8) Authorized and proposed funding provided in the annual appropriations measures and the reauthorization of the Transportation Efficiency Act for the 21st Century for the capital and operating needs of transit systems cannot be used to address these critical security needs without severely reducing the level of service provided.", "id": "H99E51932E8B74267B23B990641E1E52C", "header": "Findings" }, { "text": "3. Rail transportation security risk assessment \n(a) In general \n(1) Vulnerability assessment \nThe Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Secretary of Transportation, shall complete a vulnerability assessment of freight and passenger rail transportation (encompassing railroad carriers, as that term is defined in section 20102(2) of title 49, United States Code). The assessment shall include— (A) identification and evaluation of critical assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; and (D) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. (2) Existing private and public sector efforts \nThe assessment shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nBased on the assessment conducted under paragraph (1), the Under Secretary, in consultation with the Secretary of Transportation, shall develop prioritized recommendations for improving rail security, including any recommendations the Under Secretary has for— (A) improving the security of rail tunnels, rail bridges, rail switching areas, other rail infrastructure and facilities, information systems, and other areas identified by the Under Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying weapon detection equipment; (C) training employees in terrorism prevention, passenger evacuation, and response activities; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term economic impact of measures that may be required to address those risks. (4) Plans \nThe report required by subsection (c) shall include— (A) a plan, developed in consultation with the freight and intercity passenger railroads, and State and local governments, for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors. (b) Consultation \nIn carrying out the assessment required by subsection (a), the Under Secretary of Homeland Security for Border and Transportation Security shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials, public safety officials (including those within other agencies and offices within the Department of Homeland Security) and other relevant parties. (c) Report \n(1) Contents \nWithin 120 days after the date of enactment of this Act, the Under Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format \nThe Under Secretary may submit the report in both classified and redacted formats if the Under Secretary determines that such action is appropriate or necessary. (d) Annual updates \nThe Under Secretary, in consultation with the Secretary of Transportation, shall update the assessment and recommendations annually and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $5,000,000 for fiscal year 2005 for the purpose of carrying out this section.", "id": "H9517938FD3B442B1960000158B49E46D", "header": "Rail transportation security risk assessment" }, { "text": "4. Rail security \n(a) Rail police officers \n(1) Amendment \nSection 28101 of title 49, United States Code, is amended to read as follows: 28101. Rail and State public transit police officers \n(a) In general \nUnder regulations prescribed by the Secretary of Transportation, a rail or public transit system police officer who is employed by a rail carrier or a public transportation system and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier or public transit system owns property or provides service, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect— (1) employees, passengers, or patrons of the rail carrier or public transit system; (2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier or public transit system; (3) property moving in interstate or foreign commerce in the possession of the rail carrier or public transit system; and (4) personnel, equipment, and material moving by rail or public transit that are vital to the national defense. (b) Definition \nIn this section, the term public transit has the meaning given that term by section 5302(a) of this title.. (2) Table of sections amendment \nThe item relating to section 28101 in the table of sections for chapter 281 of title 49, United States Code, is amended to read as follows: 28101. Rail and State public transit police officers. (b) Review of rail regulations \nWithin 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail security.", "id": "H1A80D45B12CD4A6EAB5E5DD39B008DC3", "header": "Rail security" }, { "text": "28101. Rail and State public transit police officers \n(a) In general \nUnder regulations prescribed by the Secretary of Transportation, a rail or public transit system police officer who is employed by a rail carrier or a public transportation system and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier or public transit system owns property or provides service, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect— (1) employees, passengers, or patrons of the rail carrier or public transit system; (2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier or public transit system; (3) property moving in interstate or foreign commerce in the possession of the rail carrier or public transit system; and (4) personnel, equipment, and material moving by rail or public transit that are vital to the national defense. (b) Definition \nIn this section, the term public transit has the meaning given that term by section 5302(a) of this title.", "id": "H69BB7A7E185E464F8E3BADD205C13FA", "header": "Rail and State public transit police officers" }, { "text": "5. Study of foreign rail transport security programs \n(a) Requirement for study \nWithin one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose \nThe purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report \nThe Comptroller General shall submit a report on the results of the study to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study.", "id": "HEAC4AC65D7304ADEABF63DD5DFF70800", "header": "Study of foreign rail transport security programs" }, { "text": "6. Passenger, baggage, and cargo screening \n(a) Requirement for study and report \nThe Under Secretary of Homeland Security for Border and Transportation Security, in cooperation with the Secretary of Transportation, shall— (1) analyze the cost and feasibility of requiring security screening for passengers, baggage, and mail on passenger trains; and (2) report the results of the study, together with any recommendations that the Under Secretary may have for implementing a rail security screening program to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 1 year after the date of enactment of this Act. (b) Pilot program \nAs part of the study under subsection (a), the Under Secretary shall complete a pilot program of random security screening of passengers and baggage at 5 passenger rail stations served by Amtrak selected by the Under Secretary. In conducting the pilot program, the Under Secretary shall— (1) test a wide range of explosives detection technologies, devices, and methods; (2) require that intercity rail passengers produce government-issued photographic identification which matches the name on the passenger’s tickets prior to boarding trains; and (3) attempt to achieve a distribution of participating train stations in terms of geographic location, size, passenger volume, and whether the station is used by commuter rail passengers as well as Amtrak passengers. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security to carry out this section $5,000,000 for fiscal year 2005.", "id": "HC58A466C2C1D49C68742E8EB308921A3", "header": "Passenger, baggage, and cargo screening" }, { "text": "7. Certain personnel limitations not to apply \nAny statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this Act.", "id": "HA7FD0908F86246DC9561157DF619700", "header": "Certain personnel limitations not to apply" }, { "text": "8. Fire and life safety improvements \n(a) Life safety needs \nThe Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, District of Columbia. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $170,000,000 for fiscal year 2009. (2) For the Baltimore Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Infrastructure upgrades \nThere are authorized to be appropriated to the Secretary of Transportation for fiscal year 2005 $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels. (d) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended. (e) Plan required \nThe Secretary may not make amounts available to Amtrak for obligation or expenditure under subsection (a)— (1) until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; and (2) unless, for each project funded pursuant to this section, the Secretary has approved a project management plan prepared by Amtrak addressing project budget, construction schedule, recipient staff organization, document control and record keeping, change order procedure, quality control and assurance, periodic plan updates, periodic status reports, and such other matter the Secretary deems appropriate;", "id": "HB52C211E9A4C4D85B86DF1F4E09B336", "header": "Fire and life safety improvements" }, { "text": "9. Transportation security \n(a) Memorandum of agreement \nWithin 60 days after the date of enactment of this Act, the Secretary of Transportation and the Under Secretary of Homeland Security for Border and Transportation Security shall execute a memorandum of agreement governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort. (b) Rail safety regulations \nSection 20103(a) of title 49, United States Code, is amended by striking safety the first place it appears, and inserting safety, including security,.", "id": "H3C83956F56EA47FE888FBAC516FB1500", "header": "Transportation security" }, { "text": "10. Intelligence sharing \n(a) Intelligence sharing \nThe Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information sharing analysis center \n(1) Establishment \nThe Department of Homeland Security shall fund the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ISAC ) established pursuant to Presidential Directive 63 to protect critical infrastructure. (2) Public transportation agency participation \nThe Secretary of Homeland Security— (A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC; (B) shall encourage all other public transportation agencies to participate in the ISAC; and (C) shall not charge any public transportation agency a fee for participation in the ISAC.", "id": "H161DC82C0E69423BAC2C843F3DFCFA78", "header": "Intelligence sharing" }, { "text": "11. Research, development, and demonstration \n(a) Research, development, and demonstration grants \n(1) Grants authorized \nThe Secretary of Homeland Security, in consultation with the Federal Transit Administration, shall award grants to public or private entities to conduct research into, and demonstration of, technologies and methods to reduce and deter terrorist threats against public transportation systems. (2) Use of funds \nGrants awarded under paragraph (1) may be used for— (A) researching chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (B) researching imaging technologies; (C) conducting product evaluations and testing; and (D) researching other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (3) Reporting requirement \nEach entity that receives a grant under this subsection shall report annually to the Department of Homeland Security on the use of grant funds received under this subsection. (4) Return of misspent grant funds \nIf the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this subsection for a purpose other than the allowable uses specified under paragraph (2), the grantee shall return any amount so used to the Treasury of the United States. (5) Authorization of appropriations \nThere are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $200,000,000 for fiscal year 2005 to carry out the purposes of this subsection. Amounts appropriated pursuant to this paragraph shall remain available until expended. (b) Rail security research and development \n(1) Establishment of research and development program \nThe Under Secretary of Homeland Security for Border and Transportation Security, in conjunction with the Secretary of Transportation, shall carry out a research and development program for the purpose of improving freight and intercity passenger rail security, including research and development projects to— (A) reduce the vulnerability of passenger trains, stations, and equipment to explosives; (B) test new emergency response techniques and technologies; (C) develop improved freight technologies, including— (i) technologies for sealing rail cars; (ii) automatic inspection of rail cars; (iii) communication-based train controls; and (iv) emergency response training; (D) test wayside detectors that can detect tampering with railroad equipment; and (E) support enhanced security for the transportation of hazardous materials by rail, including— (i) technologies to detect a breach in a tank car and transmit information about the integrity of tank cars to the train crew; (ii) research to improve tank car integrity, with a focus on tank cars that carry toxic-inhalation chemicals; and (iii) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety. (2) Coordination with other research initiatives \nThe Under Secretary of Homeland Security for Border and Transportation Security shall ensure that the research and development program authorized by this subsection is coordinated with other research and development initiatives at the Department of Homeland Security and the Department of Transportation. (3) Accountability \nThe Under Secretary of Homeland Security for Border and Transportation Security shall carry out any research and development project authorized by this subsection through a reimbursable agreement with the Secretary of Transportation if the Secretary of Transportation— (A) is already sponsoring a research and development project in a similar area; or (B) has a unique facility or capability that would be useful in carrying out the project. (4) Authorization of appropriations \nThere are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $50,000,000 for each of fiscal years 2005 and 2006 to carry out the purposes of this subsection. Amounts appropriated pursuant to this paragraph shall remain available until expended.", "id": "HB4E52A7458764D80984DEF1EC5D68B10", "header": "Research, development, and demonstration" }, { "text": "12. Amtrak plan to assist families of passengers involved in rail passenger accidents \n(a) In general \nChapter 243 of title 49, United States Code, is amended by adding at the end the following: 24316. Plans to address needs of families of passengers involved in rail passenger accidents \n(a) Submission of plan \nNot later than 6 months after the date of the enactment of the Rail and Public Transit Security Act of 2004, Amtrak shall submit to the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in a loss of life. (b) Contents of plans \nThe plan to be submitted by Amtrak under subsection (a) shall include, at a minimum, the following: (1) A process by which Amtrak will maintain and provide to the National Transportation Safety Board, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for Amtrak to use reasonable efforts to ascertain the number and names of passengers aboard a train involved in an accident. (2) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers. (3) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, by suitably trained individuals. (4) A process for providing the notice described in paragraph (3) to the family of a passenger as soon as Amtrak has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified). (5) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within Amtrak’s control; that any possession of the passenger within Amtrak’s control will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation; and that any unclaimed possession of a passenger within Amtrak’s control will be retained by the rail passenger carrier for at least 18 months. (6) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. (7) An assurance that Amtrak will provide adequate training to its employees and agents to meet the needs of survivors and family members following an accident. (c) Use of information \nThe National Transportation Safety Board and Amtrak may not release to any person information on a list obtained under subsection (b)(1) but may provide information on the list about a passenger to the family of the passenger to the extent that the Board or Amtrak considers appropriate. (d) Limitation on liability \nAmtrak shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of Amtrak in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by Amtrak under subsection (b), unless such liability was caused by Amtrak’s conduct. (e) Limitation on statutory construction \nNothing in this section may be construed as limiting the actions that Amtrak may take, or the obligations that Amtrak may have, in providing assistance to the families of passengers involved in a rail passenger accident. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak $500,000 for fiscal year 2005 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.. (b) Conforming amendment \nThe chapter analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following: 24316. Plans to address needs of families of passengers involved in rail passenger accidents.", "id": "HCBBC87B65CE2493C96AA802B185D3689", "header": "Amtrak plan to assist families of passengers involved in rail passenger accidents" }, { "text": "24316. Plans to address needs of families of passengers involved in rail passenger accidents \n(a) Submission of plan \nNot later than 6 months after the date of the enactment of the Rail and Public Transit Security Act of 2004, Amtrak shall submit to the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in a loss of life. (b) Contents of plans \nThe plan to be submitted by Amtrak under subsection (a) shall include, at a minimum, the following: (1) A process by which Amtrak will maintain and provide to the National Transportation Safety Board, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for Amtrak to use reasonable efforts to ascertain the number and names of passengers aboard a train involved in an accident. (2) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers. (3) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, by suitably trained individuals. (4) A process for providing the notice described in paragraph (3) to the family of a passenger as soon as Amtrak has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified). (5) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within Amtrak’s control; that any possession of the passenger within Amtrak’s control will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation; and that any unclaimed possession of a passenger within Amtrak’s control will be retained by the rail passenger carrier for at least 18 months. (6) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. (7) An assurance that Amtrak will provide adequate training to its employees and agents to meet the needs of survivors and family members following an accident. (c) Use of information \nThe National Transportation Safety Board and Amtrak may not release to any person information on a list obtained under subsection (b)(1) but may provide information on the list about a passenger to the family of the passenger to the extent that the Board or Amtrak considers appropriate. (d) Limitation on liability \nAmtrak shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of Amtrak in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by Amtrak under subsection (b), unless such liability was caused by Amtrak’s conduct. (e) Limitation on statutory construction \nNothing in this section may be construed as limiting the actions that Amtrak may take, or the obligations that Amtrak may have, in providing assistance to the families of passengers involved in a rail passenger accident. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak $500,000 for fiscal year 2005 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H0BB1F767E87649D390626D87773C92CF", "header": "Plans to address needs of families of passengers involved in rail passenger accidents" }, { "text": "13. Systemwide Amtrak security upgrades \n(a) In general \nSubject to subsection (c), the Under Secretary of Homeland Security for Border and Transportation Security is authorized to make grants, through the Secretary of Transportation, to Amtrak— (1) to secure major tunnel access points and ensure tunnel integrity in New York, Baltimore, and Washington, District of Columbia; (2) to secure Amtrak trains; (3) to secure Amtrak stations; (4) to obtain a watch list identification system approved by the Under Secretary; (5) to obtain train tracking and communications systems that are coordinated to the maximum extent possible; (6) to hire additional police and security officers, including canine units; and (7) to expand emergency preparedness efforts. (b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless the projects are contained in a systemwide security plan approved by the Under Secretary, in consultation with the Secretary of Transportation, and meet the requirements of section 8(e)(2). (c) Equitable geographic allocation \nThe Secretary shall ensure that, subject to meeting the highest security needs on Amtrak’s entire system, stations and facilities located outside of the Northeast Corridor receive an equitable share of the security funds authorized by this section. (d) Availability of funds \nThere are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $62,500,000 for fiscal year 2005 for the purposes of carrying out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H34C38363A27F4D8983E9A41DEBF052DE", "header": "Systemwide Amtrak security upgrades" }, { "text": "14. Freight and passenger rail security upgrades \n(a) Security improvement grants \nThe Under Secretary of Homeland Security for Border and Transportation Security is authorized to make grants to freight railroads, the Alaska Railroad, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, and, through the Secretary of Transportation, to Amtrak, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other intercity passenger rail and freight rail security threats, including— (1) security and redundancy for critical communications, computer, and train control systems essential for secure rail operations; (2) accommodation of cargo or passenger screening equipment at the United States-Mexico border or the United States-Canada border; (3) the security of hazardous material transportation by rail; (4) secure intercity passenger rail stations, trains, and infrastructure; (5) structural modification or replacement of pressurized tank cars to improve their resistance to acts of terrorism; (6) employee security awareness, preparedness, passenger evacuation, and emergency response training; (7) public security awareness campaigns for passenger train operations; and (8) other improvements recommended by the report required by section 3, including infrastructure, facilities, and equipment upgrades. (b) Accountability \nThe Under Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Under Secretary. (c) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section 11(a)(2) of this Act. (d) Tank car replacement incentive \nA grant under subsection (a)(5) may be for up to 15 percent of the cost of the modification or replacement of a pressurized tank car. (e) Allocation between railroads and others \nUnless as a result of the assessment required by section 3 the Under Secretary of Homeland Security for Border and Transportation Security determines that critical rail transportation security needs require reimbursement in greater amounts to any eligible entity, no grants under this section may be made— (1) in excess of $65,000,000 to Amtrak; or (2) in excess of $100,000,000 for the purposes described in paragraphs (3) and (4) of subsection (a). (f) Procedures for grant award \nThe Under Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures (including a requirement that the applicant have a security plan), and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Under Secretary. The Under Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (g) Authorization of appropriations \nThere are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $250,000,000 for fiscal year 2005 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "HED190D05BF4D422A9B852D26136ED6B3", "header": "Freight and passenger rail security upgrades" }, { "text": "15. Department of Transportation oversight \n(a) Secretarial oversight \nThe Secretary of Transportation may use up to 0.5 percent of amounts appropriated for Amtrak for capital projects under this Act to enter into contracts for the review of proposed capital projects and related program management plans and to oversee construction of such projects. (b) Use of funds \nThe Secretary may use amounts available under subsection (a) of this subsection to make contracts for safety, procurement, management, and financial compliance reviews and audits of a recipient of amounts under subsection (a).", "id": "H282E138F21004A45A139BECF005693D5", "header": "Department of Transportation oversight" }, { "text": "16. Welded rail and tank car safety improvements \n(a) Track standards \nWithin 90 days after the date of enactment of this Act, the Federal Railroad Administration shall— (1) require each railroad using continuous welded rail track to include procedures (in its program filed with the Administration) that improve the identification of cracks in rail joint bars; (2) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors’ areas of responsibility and require that inspectors use those programs when conducting track inspections; and (3) establish a program to periodically review continuous welded rail joint bar inspection data from railroads and Administration track inspectors and, whenever the Administration determines that it is necessary or appropriate, require railroads to increase the frequency or improve the methods of inspection of joint bars in continuous welded rail. (b) Tank car standards \nThe Federal Railroad Administration shall— (1) within 1 year after the date of enactment of this Act, validate the predictive model it is developing to quantify the maximum dynamic forces acting on railroad tank cars under accident conditions; and (2) within 18 months after the date of enactment of this Act, initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars. (c) Older tank car impact resistance analysis and report \nWithin 2 years after the date of enactment of this Act, the Federal Railroad Administration, in coordination with the National Transportation Safety Board, shall— (1) conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and (2) transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with recommendations for measures to eliminate or mitigate the risk of catastrophic failure.", "id": "HE838F082D6404B3F847990002E21B5F0", "header": "Welded rail and tank car safety improvements" }, { "text": "17. Northern Border rail passenger report \nWithin 180 days after the date of enactment of this Act, the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the heads of other appropriate Federal departments and agencies and Amtrak, shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains— (1) a description of the current system for screening passengers and baggage on passenger rail service between the United States and Canada; (2) an assessment of the current program to provide preclearance of airline passengers between the United States and Canada as outlined in The Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America , dated January 18, 2001; (3) an assessment of the current program to provide preclearance of freight railroad traffic between the United States and Canada as outlined in the Declaration of Principle for the Improved Security of Rail Shipments by Canadian National Railway and Canadian Pacific Railway from Canada to the United States , dated April 2, 2003; (4) information on progress by the Department of Homeland Security and other Federal agencies towards finalizing a bilateral protocol with Canada that would provide for preclearance of passengers on trains operating between the United States and Canada; (5) a description of legislative, regulatory, budgetary, or policy barriers within the United States Government to providing prescreened passenger lists for rail passengers travelling between the United States and Canada to the Department of Homeland Security; (6) a description of the position of the Government of Canada and relevant Canadian agencies with respect to preclearance of such passengers; and (7) a draft of any changes in existing Federal law necessary to provide for prescreening of such passengers and providing prescreened passenger lists to the Department of Homeland Security.", "id": "HF7E7ACE466874758A014FDA16A4DDAF", "header": "Northern Border rail passenger report" }, { "text": "18. Mass transportation system security improvements \n(a) Grant programs \nThe Under Secretary of Homeland Security for Border and Transportation Security may make operating grants under subsection (e) and capital grants under subsection (f). (b) Consistency with assessment \nThe Under Secretary shall require that all operating grants made under subsection (e) and capital grants made under subsection (f) shall be consistent with the most recent findings and recommendations of the Federal Transit Administration criticality and vulnerability assessments. (c) Procedures for grant awards \n(1) In general \nThe Under Secretary shall establish procedures, schedules, and requirements for making grants under this section, including application and qualification procedures. (2) Agreements \nExcept as provided in subsection (f)(3)(D), the procedures shall include the execution of a grant agreement between the grant recipient and the Under Secretary. (3) Final rule \nThe Under Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (d) Accountability \nThe Under Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this section and the priorities and other criteria developed by the Under Secretary. (e) Security improvement operating grants \n(1) In general \nThe Under Secretary may make operating grants to eligible transit agencies to prevent or respond to threats or acts of terrorism, including— (A) sabotage, hijackings, and hostage situations; (B) seizure and control of communications, signal, power and systems control infrastructure; (C) chemical, biological, radiological, nuclear, or explosive device attacks; or (D) other security threats. (2) Prevention and response \nPrevention and response measures referred to in paragraph (1) may include— (A) increased transit police and security personnel, deployment expenses including overtime, training, K–9 units, and helicopter patrols; (B) inter-operable communications systems between and within transit agencies, local governmental agencies, state governmental agencies, and other transit systems and railroads; (C) operational redundancy and increased protection for critical communications, computer, and train control systems, assets and infrastructure essential for public transit operations; (D) increased security for light rail, heavy rail and bus stations, rights of way, maintenance and storage facilities, trains, grade crossings, critical locations, and other assets and infrastructure; (E) increased employee security preparedness through training on observing and reporting suspicious activities and objects, passenger evacuation, and emergency response procedures; (F) public security awareness campaigns for public transit passengers; and (G) other improvements indicated by current best practices and technological innovations, risk response, needs, capabilities and system security assessments. (3) Authorization of appropriations and apportionments \n(A) In general.—There are authorized to be appropriated to the Secretary of Homeland Security, for use by the Under Secretary, to carry out of this subsection $800,000,000 for each of fiscal years 2005 through 2009. (B) Apportionment \nExcept as provided in subparagraph (C), of the funds made available under subparagraph (A)— (i) 80 percent shall be apportioned to each eligible transit agency (as defined in subsection (g)(1)) in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual passenger miles of the eligible transit agency divided by the total passenger miles of all eligible transit agencies; and (ii) 20 percent shall be apportioned to each eligible transit agency in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual fixed guideway miles of the eligible transit agency divided by the total passenger fixed guideway miles of all eligible transit agencies. (C) Limitation \nNo eligible transit agency may receive more than 10 percent of the current fiscal year’s appropriation in a fiscal year, excluding high priority projects described in subsection (f) or, at the discretion of the Under Secretary, if an elevated threat (red) level requires extreme deployment of personnel or equipment. (f) Security improvement capital grants \n(1) In general \nThe Under Secretary may make capital grants to eigible transit agencies to prevent or respond to threats or acts of terrorism, including— (A) sabotage, hijackings, and hostage situations; (B) seizure and control of communications, signal, power and systems control infrastructure; (C) chemical, biological, radiological, nuclear or explosive device attacks; or (D) other security threats. (2) Prevention and response \nPrevention and response measures referred to in paragraph (1) may include— (A) operational redundancy and increased protection for critical communications, computer, and train control systems assets and other infrastructure essential for public transit operations; (B) security surveillance equipment for trains, light rail, buses, stations, tunnels, bridges, control centers, maintenance and storage facilities, grade crossings, and other critical locations and infrastructure; (C) train, light rail, and bus tracking Global Positioning System; (D) protection and detection equipment for biological, chemical, radiological, nuclear, and explosive device threats; (E) modifications to stations, depots, trains, rights of way, maintenance and storage facilities, light rail, buses, and other assets and infrastructure to increase security prevention measures and improve emergency response efforts; and (F) other improvements indicated by current best practices and technological innovation, risk response, needs capabilities and system security assessments. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the Secretary of Homeland Security, for use by the Under Secretary, to carry out this subsection $1,040,000,000 for each of fiscal years 2005 through 2009. (B) Set aside for critical high risk locations \nOf the funds made available under subparagraph (A), the Under Secretary shall make available to eligible transit agencies not more than 20 percent of that fiscal year’s appropriation for high priority discretionary grants (determined by the Under Secretary of Homeland Defense in consultation with the Administrator of the Federal Transit Administration) based on a threat-based risk management analysis in which assessment for criticality, threat, vulnerability, impact and risk are considered. (C) Requirements \nThe Under Secretary shall make a grant under subparagraph (B) only if there is a specific, recognized, or identified threat to an area that— (i) has been targeted, (ii) has the potential to be targeted, or (iii) is in the national interest. (D) Awards \nAn eligible transit agency may apply for a grant under subparagraph (B) for a specific project or the Secretary may make an award, without an application being submitted, based on the national interest. (E) Apportionment \nExcept as provided in subparagraph (F), of the funds that remain after the set aside under subparagraph (B)— (i) 80 percent shall be apportioned to each eligible transit agency in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual passenger miles of the eligible transit agency divided by the total passenger miles of all eligible transit agencies; and (ii) 20 percent shall be apportioned to each eligible transit agency in an amount equal to the total apportioned under this subsection for a fiscal year multiplied by the ratio equal to the annual fixed guideway miles of the eligible transit agency divided by the total passenger fixed guideway miles of all eligible transit agencies. (F) Limitation \nNo eligible transit agency may receive more than 10 percent of the amount made available under subparagraph (A) in a fiscal year, excluding high priority projects described in subparagraph (B) or, at the discretion of the Under Secretary, if an elevated threat (red) level requires extreme deployment of personnel or equipment. (g) Definitions \nFor purposes of this section the following definitions shall apply: (1) Eligible transit agency \nThe term eligible transit agency means a designated recipient of public transit assistance as defined under section 5307(a)(2) of title 49, United States Code, serving an urbanized area. (2) Mass transportation \nThe term public transit has the same meaning as such term has in section 5302(a) of title 49, United States Code. (3) Under Secretary \nThe term Under Secretary means the Under Secretary of Homeland Security for Border and Transportation Security.", "id": "HBDA39567F33248DF895306AFAAB348CB", "header": " Mass transportation system security improvements" } ]

[ { "text": "1. Short title \nThis Act may be cited as the G.I. Bill Enhancement Act of 2004.", "id": "H71E4EE5FFB364700A5918C74DC64E698", "header": "Short title" }, { "text": "2. Exemption from payment of individual contributions under montgomery GI bill of individuals who serve as active duty members of the Armed Forces under Executive Order 13235 \n(a) Active duty program \nNotwithstanding section 3011(b) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (b) Selected reserve program \nNotwithstanding section 3012(c) of such title, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (c) Termination of on-going reductions in basic pay \nIn the case of a covered member of the Armed Forces who first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before the date of the enactment of this Act and whose basic pay would, but for subsection (a) or (b) of this section, be subject to reduction under section 3011(b) or 3012(c) of such title for any month beginning on or after that date, the reduction of basic pay of such covered member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, shall cease commencing with the first month beginning on or after that date. (d) Refund of contributions \n(1) In the case of any covered member of the Armed Forces whose basic pay was reduced under section 3011(b) or 3012(c) of such title for any month beginning before the date of the enactment of this Act, the Secretary concerned shall pay to such covered member of the Armed Forces an amount equal to the aggregate amount of reductions of basic pay of such member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, as of that date. (2) Any amount paid to a covered member of the Armed Forces under paragraph (1) shall not be included in gross income under the Internal Revenue Code of 1986. (3) Amounts for payments under paragraph (1) shall be derived from amounts appropriated or otherwise made available to the Secretary concerned for military personnel in chapter 1 of title I of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 ( Public Law 108–106 ; 117 Stat. 1209). (4) In this subsection, the term Secretary concerned means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard. (e) Covered member of the Armed Forces defined \nIn this section, the term covered member of the Armed Forces means any individual who serves on active duty as a member of the Armed Forces during the period— (1) beginning on November 16, 2001, the date of Executive Order 13235, relating to National Emergency Construction Authority; and (2) ending on the termination date of the Executive order referred to in paragraph (1).", "id": "HDB1EF5F7FBAE44FBAF2CD7808329DFCE", "header": "Exemption from payment of individual contributions under montgomery GI bill of individuals who serve as active duty members of the Armed Forces under Executive Order 13235" }, { "text": "3. Opportunity for individuals who serve as active duty members of the Armed Forces under Executive Order 13235 to withdraw election not to enroll in montgomery GI bill \nSection 3018 of title 38, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection (c): (c) (1) Notwithstanding any other provision of this chapter, during the one-year period beginning on the date of the enactment of this subsection, an individual who— (A) serves on active duty as a member of the Armed Forces during the period beginning on November 16, 2001, and ending on the termination date of Executive Order 13235, relating to National Emergency Construction Authority; and (B) has served continuously on active duty without a break in service following the date the individual first becomes a member or first enters on active duty as a member of the Armed Forces, shall have the opportunity, on such form as the Secretary of Defense shall prescribe, to withdraw an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive education assistance under this chapter. (2) An individual described paragraph (1) who made an election under section 3011(c)(1) or 3012(d)(1) of this title and who— (A) while serving on active duty during the one-year period beginning on the date of the enactment of this subsection makes a withdrawal of such election; (B) continues to serve the period of service which such individual was obligated to serve; (C) serves the obligated period of service described in subparagraph (B) or before completing such obligated period of service is described by subsection (b)(3)(B); and (D) meets the requirements set forth in paragraphs (4) and (5) of subsection (b), is entitled to basic educational assistance under this chapter. ; and (3) in subsection (e), as so redesignated, by inserting or (c)(2)(A) after (b)(1).", "id": "H3460E42B6BCA4A50BA1200D5B3423FF", "header": "Opportunity for individuals who serve as active duty members of the Armed Forces under Executive Order 13235 to withdraw election not to enroll in montgomery GI bill" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Sexual Assaults in the Military Act of 2004.", "id": "H7FD834EDD04447CB82FBC7F26D636FD", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) At least eighteen studies have been conducted since 1988 regarding the instances of sexual assault and rape in the Armed Forces. (2) A May 2003 survey of Air Force Academy cadets showed that 80.8 percent of females who said that they had been victims of sexual assault did not report the incident. (3) According to the April 2004 Department of Defense’s Task Force Report on Care for Victims of Sexual Assault, in 2002 and 2003, there were a total of 1913 alleged cases of sexual assault with uniformed service member victims reported. (4) The April 2004 Report states that 99 percent of alleged service member offenders were male. (5) The April 2004 Report states that “existing policies and programs aimed at preventing sexual assault are inconsistent and incomplete.”. (6) The April 2004 Report states that “training and education designed to prevent sexual assault is limited and varies from location to location.”. (7) The April 2004 Report states that many victims do not report their assaults for several reasons, including fear that the chain of command will not believe them; embarrassment; fear of being stigmatized; and fear of retaliation from the offender. (8) The April 2004 Report states that the “victim’s privacy needs must be positively assured.”. (9) The April 2004 Report states that “a system to coordinate and track victim support services for effective case management does not exist at all installations.”. (10) The April 2004 Report states that “there is a backlog of DNA evidence waiting for processing at the United States Army Criminal Investigation Laboratory (USACIL) and this can significantly delay investigations and prosecutions.”.", "id": "H937B80827A8B444D86AE20E1C27467E5", "header": "Findings" }, { "text": "3. Authorizations of appropriations \n(a) Elimination of DNA evidence backlogs \nThere are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to eliminate the backlog in processing of DNA evidence at any military DNA laboratories, including the United States Army Criminal Investigation Laboratory (USACIL). (b) Timely testing of crime scene DNA samples \nThere are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner. (c) Distribution of DNA evidence kits \nThere are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to distribute a sufficient amount of DNA evidence kits to each military academy, domestic military base, overseas military base, and theater of operations. (d) On-duty SANE or SAFE personnel \nThere are authorized to be appropriated to the Secretary of Defense for each of fiscal years 2005, 2006, and 2007 such funds as may be necessary to ensure that at least one military medical personnel member, who is trained as a Sexual Assault Nurse Examiner (SANE) or Sexual Assault Forensic Examiner (SAFE), is on duty at all times in the health care facility at each military academy, domestic military base, overseas military base, and theater of operations, except in a case in which a memorandum of understanding between the military installation and a local civilian hospital ensures that a nonmilitary person trained as a SANE or SAFE is on duty at all times.", "id": "H522F2B36E3B246D7AF00288C7FA838FE", "header": "Authorizations of appropriations" } ]

[ { "text": "1. Amendments to Clinger–Cohen provisions to enhance agency planning for information security needs \nChapter 113 of title 40, United States Code, is amended— (1) in section 11302(b), by inserting security, after use, ; (2) in section 11302(c), by inserting , including information security risks, after risks both places it appears; (3) in section 11312(b)(1), by striking information technology investments and inserting investments in information technology (including information security needs) ; and (4) in section 11315(b)(2), by inserting , secure, after sound.", "id": "H1AADDA30395444DF918B9CD8235258E6", "header": "Amendments to Clinger–Cohen provisions to enhance agency planning for information security needs" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004.", "id": "H9967931133414FE593FF93422EBDAE00", "header": "Short title" }, { "text": "2. Authorization of additional projects and activities under the Lower Rio Grande Water Conservation and Improvement Program \n(a) Additional projects \nSection 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by adding at the end the following: (20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas, the Brownsville Irrigation District, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $722,100. (22) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $4,173,950. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $8,269,576. (24) In the Cameron County, Texas, the Cameron County Irrigation District No. 6, water conservation and improvement projects as identified in an engineering report by Turner Collie Braden, Inc. at a cost of $5,607,300. (25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $2,500,000. (26) In the Hidalgo and Cameron Counties, Texas, the Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (27) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. (28) In the Hidalgo County, Texas, the Hidalgo County Irrigation District Number 2, water conservation and improvement projects identified in the October 2002, December 2002, January 2003, and February 2003 engineering reports by Sigler, Winston, Greenwood Associates, Inc. at a total cost of $5,312,475. (29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $5,595,018. (30) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $3,450,000. (31) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt at a cost of $4,609,000. (32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $2,251,480. (33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March, 2004 by Axiom-Blair Engineering at a cost of $500,000. (34) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $1,500,000. (35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (36) In the Hidalgo County, Texas, Donna Irrigation District, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,500,000. (37) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,800,000. (38) In the Hidalgo County, Texas, the United Irrigation District, water conservation and improvement projects identified in an engineering report dated March 2004 by Sigler, Winston, Greewood Associates, Inc. at a cost of $6,067,021.. (b) Inclusion of activities to conserve water or improve supply; transfers among projects \nSection 4 of such Act ( Public Law 106–576 ; 114 Stat. 3067) is further amended by redesignating subsection (g) as subsection (i), and by inserting after subsection (f) the following: (g) Inclusion of activities to conserve water or improve supply \nIn addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: (1) The replacement of irrigation canals and lateral canals with buried pipelines. (2) The impervious lining of irrigation canals and lateral canals. (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (h) Transfers among projects \nOf amounts made available for a project referred to in any of paragraphs (2) through (38) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent..", "id": "HA30F21AF4FC240D7AC25D630002537D5", "header": "Authorization of additional projects and activities under the Lower Rio Grande Water Conservation and Improvement Program" }, { "text": "3. Reauthorization of Appropriations for Lower Rio Grande construction \nSection 4(c) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by inserting before the period the following: for projects referred to in paragraphs (1) through (19) of subsection (a), and $42,356,145 (2004 dollars) for projects referred to in paragraphs (20) through (38) of subsection (a).", "id": "HAC692FE5F9124EB7BE18802FB37CFA8B", "header": "Reauthorization of Appropriations for Lower Rio Grande construction" } ]

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

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

[ { "text": "1. Short title \nThis Act may be cited as the Justice in Sentencing Act of 2004.", "id": "HDCF72CB7EDA2406EACC99F7E00001209", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) In August 2003, United States Supreme Court Justice Anthony Kennedy, in a speech before the annual convention of the American Bar Association, called for a reexamination of the issue of mandatory minimum sentencing and a review of... the inadequacies—and the injustices—in our penal correctional systems. (2) Justice Kennedy stated that in too many cases, mandatory minimum sentences are unwise and unjust, and that he could... accept neither the necessity nor the wisdom of mandatory minimum sentences. (3) Justice Kennedy concluded that in the Federal criminal justice system [o]ur resources are misspent, our punishments too severe, our sentences too long. (4) In response, in October 2003, the President of the ABA created the Justice Kennedy Commission to investigate the issues raised by Justice Kennedy’s August 2003 speech. (5) On June 23, 2004, the Commission issued a report, which concluded that America’s criminal justice systems rely too heavily on incarceration and that they need to consider more effective alternatives, including shorter sentences, treatment and prisoner reentry programs. (6) At its August 2004 annual convention, the ABA House of Delegates adopted the recommendations of the Justice Kennedy Commission, including the recommendation to repeal mandatory minimum sentencing statutes. (7) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased by more than 2,016 percent, from $220,000,000 in 1986 to about $4,437,000,000 in 2004. (8) Mandatory minimums have not reduced sentencing discretion, but rather have transferred discretion from judges to prosecutors. Prosecutors, not judges, have the discretion to reduce a charge, accept or deny a plea bargain, reward or deny a defendant’s substantial assistance or cooperation in the prosecution of someone else, and ultimately, to determine the final sentence of the defendant. (9) African Americans comprise 12 percent of the United States population, 15 percent of drug users, 17 percent of cocaine users, but 33 percent of all Federal drug convictions and 57 percent of Federal cocaine convictions. (10) In 1986, before the mandatory minimums for crack cocaine offenses became effective, the average Federal offense for African Americans was 11 percent higher than whites. Following the implementation of mandatory drug sentencing laws, the average drug offense sentence for African Americans was 49 percent higher than whites. (11) The average dealer holds a low-wage job and sells part time to obtain for his or her own use. (12) According to the Justice Department, the time spent in prison does not affect recidivism rates. (13) Largely as a result of mandatory minimum sentencing statutes, there are now more than 2,100,000 persons in prison and almost 70 percent of the people behind bars in America are persons of color. African Americans made up 40 percent of the Federal prison population in August 2003, up from 31 percent in 1986 before Federal mandatory minimums were enacted. (14) As a result of mandatory minimum sentencing statutes, particularly with respect to drug crimes, in 2001, the average Federal drug trafficking conviction was 72.7 months while the average Federal manslaughter sentence was 34.3 months, the average assault sentence 37.7 months, and the average sexual abuse sentence 65.2 months. (15) In 1999, African Americans constituted 13 percent of drug users. In that same year, African Americans constituted 35 percent of drug arrests, 53 percent of drug convictions, and 58 percent of those in prison for drug offenses. (16) Though their rates of drug use are roughly equal, because of aggressive police tactics, racial profiling, and other activities heavily targeted at street level drug activity in urban areas (as opposed to the less visible drug activity prevalent in more affluent areas), African Americans are arrested for drug offenses at six times the rate of whites. (17) Federal mandatory minimum sentences make African Americans more likely to be incarcerated and for longer periods than their white counterparts. In the year 2000, 84.7 percent of crack cocaine cases were brought against African Americans even though, in that year, African Americans comprised only about 26.6 percent of crack users. Only 5.6 percent of crack cases that year were brought against Caucasians even though they constituted 64.4 percent of crack users. (18) In the 20 years from 1981 to 2001, the sentenced portion of the Federal prison population grew from about 20,000 in 1981 to about 115,000 prisoners. During that same period, the percentage of drug offenders in Federal prison grew from 25 percent to almost 60 percent. Mandatory minimum sentences for drug crimes are the largest drivers of expanding prison populations.", "id": "H2BAF00ECC9364D85B3D5639FC6239C93", "header": "Findings" }, { "text": "3. Approval of certain prosecutions by Attorney General \nA Federal prosecution for an offense under the Controlled Substances Act , the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(A) ) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General.", "id": "H48D8C9F9CE4E4D3F9410D21975D712FA", "header": "Approval of certain prosecutions by Attorney General" }, { "text": "4. Modification of certain sentencing provisions \n(a) Section 404 \nSection 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ) is amended— (1) by striking not less than 15 days but ; (2) by striking not less than 90 days but ; (3) by striking not less than 5 years and ; and (4) by striking the sentence beginning The imposition or execution of a minimum sentence. (b) Section 401 \nSection 401(b) of the Controlled Substances Act ( 21 U.S.C. 841(b) ) is amended.— (1) in paragraph (1)(A)— (A) by striking which may not be less than 10 years and or more than and inserting for any term of years or for ; (B) by striking and if death the first place it appears and all that follows through 20 years or more than life the first place it appears; (C) by striking which may not be less than 20 years and not more than life imprisonment and inserting for any term of years or for life ; (D) by inserting imprisonment for any term of years or after if death or serious bodily injury results from the use of such substance shall be sentenced to ; (E) by striking the sentence beginning If any person commits a violation of this subparagraph ; and (F) by striking the sentence beginning Notwithstanding any other provision of law and the sentence beginning No person sentenced ; and (2) in paragraph (1)(B)— (A) by striking which may not be less than 5 years and and inserting for ; (B) by striking not less than 20 years or more than and inserting for any term of years or to ; (C) by striking which may not be less than 10 years and more than and inserting for any term of years or for ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law. (c) Section 1010 \nSection 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— (1) in paragraph (1)— (A) by striking of not less than 10 years and not more than and inserting for any term of years or for ; (B) by striking and if death the first place it appears and all that follows through 20 years and not more than life the first place it appears; (C) by striking of not less than 20 years and not more than life imprisonment and inserting for any term of years or for life ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law ; and (2) in paragraph (2)— (A) by striking not less than 5 years and ; (B) by striking of not less than twenty years and not more than and inserting for any term of years or for ; (C) by striking of not less than 10 years and not more than and inserting for any term of years or to ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law. (d) Section 418 \nSection 418 of the Controlled Substances Act ( 21 U.S.C. 859 ) is amended by striking the sentence beginning Except to the extent each place it appears and by striking the sentence beginning The mandatory minimum. (e) Section 419 \nSection 419 of the Controlled Substances Act ( 21 U.S.C. 860 ) is amended by striking the sentence beginning Except to the extent each place it appears and by striking the sentence beginning The mandatory minimum. (f) Section 420 \nSection 420 of the Controlled Substances Act ( 21 U.S.C. 861 ) is amended— (1) by striking subsection (e); and (2) in subsection (f), by striking , (c), and (e) and inserting and (c).", "id": "HD6B4D41901494BD29FA54EAD261D0014", "header": "Modification of certain sentencing provisions" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Uniformed Services Differential Pay Protection Act.", "id": "HB235EEC89625405EADFBAE3490B76384", "header": "Short title" }, { "text": "2. Income tax withholding on differential wage payments \n(a) In general \nSection 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: (i) Differential wage payments to active duty members of the uniformed services \n(1) In general \nFor purposes of subsection (a), any differential wage payment shall be treated as a payment of wages by the employer to the employee. (2) Differential wage payment \nFor purposes of paragraph (1), the term differential wage payment means any payment which— (A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days, and (B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer. (b) Effective date \nThe amendment made by this section shall apply to remuneration paid after December 31, 2004.", "id": "H76AA84BBA9EA4301AE593356AC612FC8", "header": "Income tax withholding on differential wage payments" }, { "text": "3. Treatment of differential wage payments for retirement plan purposes \n(a) Pension plans \n(1) In general \nSection 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans’ reemployment rights under USERRA) is amended by adding at the end the following new paragraph: (11) Treatment of differential wage payments \n(A) In general \nExcept as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies— (i) an individual receiving a differential wage payment shall be treated as an employee of the employer making the payment, (ii) the differential wage payment shall be treated as compensation, and (iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment. (B) Special rule for distributions \n(i) In general \nNotwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(i)(2)(A). (ii) Limitation \nIf an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. (C) Nondiscrimination requirement \nSubparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5), of section 410(b) shall apply. (D) Differential wage payment \nFor purposes of this paragraph, the term differential wage payment has the meaning given such term by section 3401(i)(2). (2) Conforming amendment \nThe heading for section 414(u) of such Code is amended by inserting and to Differential Wage Payments to Members on Active Duty after USERRA. (b) Differential wage payments treated as compensation for individual retirement plans \nSection 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: The term compensation includes any differential wage payment (as defined in section 3401(i)(2)). (c) Effective date \nThe amendments made by this section shall apply to plan years beginning after December 31, 2004. (d) Provisions relating to plan amendments \n(1) In general \nIf this subsection applies to any plan or annuity contract amendment— (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provided by the Secretary of the Treasury, such plan shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (2) Amendments to which Section applies \n(A) In general \nThis subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007. (B) Conditions \nThis subsection shall not apply to any plan or annuity contract amendment unless— (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.", "id": "H149B8470951442339B2F1D491E05F6E9", "header": "Treatment of differential wage payments for retirement plan purposes" } ]

[ { "text": "1. National driver registry enhancement \n(a) Information regarding certain drivers \nSection 30304(b)(1) of title 49, United States Code, is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) information that specifies if an individual has been convicted in the previous 10 years under the laws of the State of operating a motor vehicle under the influence of, or impaired by, alcohol or a controlled substance;. (b) Application \nThe amendments made by subsection (a) shall apply to a conviction described in section 30304(b)(1)(B) of title 49, United States Code, that occurs on or after the date of enactment of this Act.", "id": "HFAD567AF30CD4F6FB8172C19EE1986AC", "header": "National driver registry enhancement" }, { "text": "2. Access to register information \nSection 30305(b) of title 49, United States Code, is amended by adding at the end the following: (12) A State or local prosecutor and district attorney may request the chief driver licensing official of a State to obtain information under subsection (a) about an individual who is under investigation for a traffic related offense. A prosecutor and a district attorney may receive the information..", "id": "H4440D63F23FC43B499CE8D93E8C2289D", "header": "Access to register information" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) American society has long been known for being a melting pot , boasting citizens from all countries and continents across the world. (2) After reaching America's shores, naturalized United States citizens and aliens lawfully admitted for permanent residence have taken advantage of educational and entrepreneurial opportunities thereby allowing these individuals to contribute to the economic and cultural riches that define our great Nation. (3) Many of these new Americans still have connections to their countries of origin—forming community, educational, religious, and other organizations in the United States that continue to tie them to their homelands. These new Americans send remittances that total more than $70,000,000,000 per year to help loved ones abroad sustain dreams and build new ones. (4) At a time when the events of September 11, 2001, have resulted in new and different security concerns for the United States, it is critical that every attempt be made to better understand those foreign countries that receive United States assistance. (5) Due to national security implications, the United States Government can no longer afford to conduct foreign policy without the benefit of engagement of foreign countries, including on a cultural, social, technical, and economic basis. (6) Naturalized United States citizens and aliens lawfully admitted for permanent residence should be encouraged to use the same skills that they have contributed to the development of the United States toward the development of their countries of origin in order to— (A) take part in introducing or enhancing democratic values abroad; (B) capitalize on America's diversity to establish strong cross-border relationships that can create multilateral bonds for generations to come; (C) utilize multilingual and multicultural segments of American society to ease and reduce costs for project transitions in foreign countries; and (D) encourage long-term sustainable development in foreign countries in which such development has been difficult to obtain. (7) Currently, projects under many foreign assistance programs do not involve naturalized United States citizens or aliens lawfully admitted for permanent residence who are from the recipient country in leadership roles in the planning, design, and implementation of the projects, and consequently— (A) project leaders often do not transfer critical skills to individuals in the recipient country, making it difficult for long term development to take place; and (B) increased costs relating to cultural adjustment often occur that might not occur if individuals originally from the recipient country were involved in the projects. (8) Because many United States Government departments and agencies face management constraints that make it necessary to bundle projects and activities for foreign countries under Mega contracts and grants, it has become increasingly difficult for smaller United States organizations and businesses owned or controlled by naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are from such foreign countries to compete to carry out those projects and activities. (9) To encourage the transference of skills, knowledge, and democratic values that will lead to long-term sustainable development and require fewer transition costs, special preferences should be given to naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are seeking United States foreign assistance funding for projects in their countries of origin.", "id": "H9AEA9506223545A4821789F73389859F", "header": "Findings" }, { "text": "2. Requirement to provide development and humanitarian assistance funds to foreign countries through United States entities owned or controlled by individuals from those foreign countries \nNotwithstanding any other provision of law, up to 10 percent of funds made available to each Federal department and agency for any fiscal year (beginning with fiscal year 2005) to carry out United States development assistance or humanitarian assistance programs shall be made available to foreign countries through the activities of United States organizations or businesses that are owned or controlled by naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are from such foreign countries.", "id": "H03653D31E65742F286E2561B7EF2D2C3", "header": "Requirement to provide development and humanitarian assistance funds to foreign countries through United States entities owned or controlled by individuals from those foreign countries" }, { "text": "3. Report \nNot later than January 1 of each year, the President shall prepare and transmit to the appropriate congressional committees a report that contains a description of the implementation of section 3 for the preceding fiscal year. Each such report shall specify the number and dollar value or amount (as the case may be) of prime contracts, subcontracts, grants, and cooperative agreements awarded to organizations and individuals described in such section during the preceding fiscal year.", "id": "H0FF6E0E0F4F741E49E245363E2254594", "header": "Report" }, { "text": "4. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) United States development assistance or humanitarian assistance programs \nThe term United States development assistance or humanitarian assistance programs means programs to provide development assistance or humanitarian assistance under major budget functional category 150 (relating to International Affairs), including programs under— (A) chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); (B) chapter 10 of part I of that Act (relating to the Development Fund for Africa); (C) chapter 11 of part I of that Act (relating to assistance for the independent states of the former Soviet Union); (D) chapter 12 of part I of that Act (relating to assistance for the countries of the South Caucasus and Central Asia region); (E) chapter 4 of part II of that Act (relating to the Economic Support Fund); or (F) the Support for East European Democracy (SEED) Act of 1989.", "id": "H9ED467375E6A494CA413085BDF1BBDAC", "header": "Definitions" } ]

[ { "text": "1. Modification of Prohibition \nSection 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat 2681–88) is amended— (1) in subsection (a), by striking by a designated national ; (2) in subsection (b), by striking by a designated national or its successor-in-interest ; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated. ; and (5) in subsection (e), as so redesignated, by striking In this section: and all that follows through (2) The term and inserting In this section, the term.", "id": "H7508AC9B88774EA5A22343DCD9D983E2", "header": "Modification of Prohibition" } ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) The right to vote is a fundamental and incontrovertible right under the Constitution. (2) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the right to vote is a fundamental right under the Constitution. (3) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the United States is a democratic government of the people, by the people, and for the people in which every vote counts. (4) There is a need for Congress to encourage and enable every eligible American to vote by eliminating procedural obstacles to voting. (5) There is a need to counter discrimination in voting by removing barriers to the exercise of the constitutionally protected right to vote. (6) There is a need to ensure that voter registration processes fairly incorporate every eligible American seeking to exercise the right to vote. (7) Participation in the electoral process is a fundamental civic responsibility in which all eligible Americans should be encouraged to actively participate. (8) There is a need to ensure that every eligible American seeking to exercise the right to vote has access to the electoral process through a uniform system of voter registration that includes each voter’s personal registration with an appropriate State or local government election entity. (9) Congress has authority under section 4 of Article I of the Constitution of the United States, section 5 of the Fourteenth Amendment to the Constitution of the United States, and section 2 of the Fifteenth Amendment to the Constitution of the United States to enact legislation to address the equal protection violations that may be caused by unfair voting systems. (10) Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process. (11) Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process.", "id": "HC2DDC222173347869C83304BE699948F", "header": "Findings" }, { "text": "2. Requirements for voters who Do Not Register in Person with an officer or employee of a State or local government entity \n(a) In general \n(1) Application of requirements to voters not registering in person \nSection 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) ) is amended to read as follows: (A) the individual— (i) registered to vote in a jurisdiction by mail; or (ii) did not register to vote in a jurisdiction in person with an officer or employee of a State or local government entity; and. (2) Meaning of in person \nSection 303(b)(1) of such Act is amended by inserting at the end the following: For purposes of subparagraph (A)(ii), an individual shall not be considered to have registered in person if the registration is made by a person other than the person whose name appears on the voter registration form.. (b) Conforming amendment \nThe heading for section 303(b) of such Act is amended by inserting and Who Do Not Register in Person after Mail. (c) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of section 303 of the Help America Vote Act of 2002.", "id": "H8759B9181D3845C3A4B68DC50001E453", "header": "Requirements for voters who Do Not Register in Person with an officer or employee of a State or local government entity" }, { "text": "3. Increased penalties relating to fraudulent voter registration in cases involving 10 or more violations \n(a) False information in registering or voting \nSection 11(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973i(c) ) is amended by inserting at the end the following: In the case of any person who is found to have been in violation of this section with respect to 10 or more voter registrations, this section shall be applied by substituting $20,000 for $10,000 and by substituting ten years for five years with respect to each such violation.. (b) Penalty under National Voter Registration Act of 1993 \nSection 12 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–10 ) is amended by inserting at the end the following: In the case of any person who is found to have been in violation of paragraph (2)(A) with respect to 10 or more registration applications, such person shall be fined not less than $500,000 ($1,000,000 in the case of an organization) or shall be imprisoned not more than 10 years, or both, and any such fine shall be paid into the general fund of the Treasury as provided in the preceding sentence.. (c) Effective date \nThe amendments made by this section shall apply to violations occurring after the date of the enactment of this Act.", "id": "HB80517578956449B82B78CAFDFE1DF2D", "header": "Increased penalties relating to fraudulent voter registration in cases involving 10 or more violations" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the SSI Extension for Elderly and Disabled Refugees Act.", "id": "H38CD514C088048558DCFF6D874A49DDF", "header": "Short Title" }, { "text": "2. SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS \nSection 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(a)(2) ) is amended by adding at the end the following: (M) Two-year ssi extension through fiscal year 2007 \n(i) In general \nWith respect to eligibility for benefits for the specified Federal program described in paragraph (3)(A), the 7-year period described in subparagraph (A) shall be deemed to be a 9-year period during fiscal years 2005 through 2007. (ii) Aliens whose benefits ceased in prior fiscal years \n(I) In general \nBeginning on the date of the enactment of the SSI Extension for Elderly and Disabled Refugees Act, any qualified alien rendered ineligible for the specified Federal program described in paragraph (3)(A) during fiscal years prior to fiscal year 2005 solely by reason of the termination of the 7-year period described in subparagraph (A) shall be eligible for such program for an additional 2-year period in accordance with this subparagraph, if such alien meets all other eligibility factors under title XVI of the Social Security Act. (II) Payment of benefits \nBenefits paid under subparagraph (I) shall be paid prospectively over the duration of the qualified alien’s renewed eligibility..", "id": "H25AB59C2A2824C0C87CB3C485006B3C", "header": "SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Social Security COLA Protection Act of 2004.", "id": "H7FD19CED97094F7188242DA8365CBD7", "header": "Short title" }, { "text": "2. Protection of Social Security COLA increases against excessive medicare premium increases \n(a) Application to part b premiums \nSection 1839(f) of the Social Security Act ( 42 U.S.C. 1395r(f) ) is amended— (1) by striking (f) For any calendar year after 1988 and inserting (f)(1) For any calendar year after 1988 and before 2005 ; and (2) by adding at the end the following new paragraph: (2) For any calendar year (beginning with 2005), if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year, if the monthly premium of the individual under this section for December of the preceding year and for January of the year involved is deducted from those benefits under section 1840(a)(1) or section 1840(b)(1), and if the amount of the individual's premium is not adjusted for January of the year involved under subsection (i), the monthly premium otherwise determined under this section for the individual for that year shall not be increased pursuant to subsection (a)(3) to an amount that exceeds 25 percent of the amount of the increase in such monthly benefits for that individual attributable to section 215(i).. (b) Application to part d premiums \n(1) In general \nSection 1860D–13(a)(1) of such Act ( 42 U.S.C. 1395ww–113(a)(1) ) is amended— (A) in subparagraph (F), by striking (D) and (E), and inserting (D), (E), and (F), ; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: (F) Protection of social security cola increase \nFor any calendar year, if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year and was enrolled under a PDP plan or MA–PD plan for such months, the base beneficiary premium otherwise applied under this paragraph for the individual for months in that year shall be decreased by the amount (if any) by which the sum of the amounts described in the following clauses (i) and (ii) exceeds 25 percent of the amount of the increase in such monthly benefits for that individual attributable to section 215(i): (i) Part d premium increase factor \n(I) In general \nExcept as provided in this clause, the amount of the increase (if any) in the adjusted national average monthly bid amount (as determined under subparagraph (B)(iii)) for a month in the year over such amount for a month in the preceding year. (II) No application to full premium subsidy individuals \nIn the case of an individual enrolled for a premium subsidy under section 1860D–14(a)(1), zero. (III) Special rule for partial premium subsidy individuals \nIn the case of an individual enrolled for a premium subsidy under section 1860D–14(a)(2), a percent of the increase described in subclause (I) equal to 100 percent minus the percent applied based on the linear scale under such section. (ii) Part b premium increase factor \nIf the individual is enrolled for such months under part B— (I) In general \nExcept as provided in subclause (II), the amount of the annual increase in premium effective for such year resulting from the application of section 1839(a)(3), as reduced (if any) under section 1839(f)(2). (II) No application to individuals participating in medicare savings program \nIn the case of an individual who is enrolled for medical assistance under title XIX for medicare cost-sharing described in section 1905(p)(3)(A)(ii), zero.. (2) Application under medicare advantage program \nSection 1854(b)(2)(B) of such Act ( 42 U.S.C. 1395w–24(b)(2)(B) ), as in effect as of January 1, 2006, relating to MA monthly prescription drug beneficiary premium, is amended by inserting after as adjusted under section 1860D–13(a)(1)(B) the following: and section 1860D–13(a)(1)(F). (3) Payment from Medicare Prescription Drug Account \nSection 1860D–16(b) of such Act ( 42 U.S.C. 1395w–116(b) ) is amended— (A) in paragraph (1)— (i) by striking and at the end of subparagraph (C); (ii) by striking the period at the end of subparagraph (D) and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) payment under paragraph (5) of premium reductions effected under section 1860D–13(a)(1)(F). ; and (B) by adding at the end the following new paragraph: (5) Payment for cola protection premium reductions \n(A) In general \nIn addition to payments provided under section 1860D–15 to a PDP sponsor or an MA organization, in the case of each part D eligible individual who is enrolled in a prescription drug plan offered by such sponsor or an MA–PD plan offered by such organization and who has a premium reduced under section 1860D–13(a)(1)(F), the Secretary shall provide for payment to such sponsor or organization of an amount equivalent to the amount of such premium reduction. (B) Application of provisions \nThe provisions of subsections (d) and (f) of section 1860D–15 (relating to payment methods and disclosure of information) shall apply to payment under subparagraph (A) in the same manner as they apply to payments under such section.. (c) Disregard of premium reductions in determining dedicated revenues under MMA cost containment \nSection 801(c)(3)(D) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) is amended by adding at the end the following: Such premiums shall also be determined without regard to any reductions effected under section 1839(f)(2) or 1860D–13(a)(1)(F) of such title.. (d) Effective dates \n(1) Part b premium \nThe amendments made by subsection (a) apply to premiums for months beginning with January 2005. (2) Part d premium \nThe amendments made by subsection (b) apply to premiums for months beginning with January 2007. (3) MMA provision \nThe amendment made by subsection (c) shall take effect on the date of the enactment of this Act.", "id": "H43DCED580FE04FA8A6A61932A44EDC6E", "header": "Protection of Social Security COLA increases against excessive medicare premium increases" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Military Families Leave Act of 2004.", "id": "HFA7886A4CE714D579EA0AE7FF98D2B8B", "header": "Short title" }, { "text": "2. Leave for military families under the Family and Medical Leave Act of 1993 \n(a) Entitlement to leave \nSection 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following new subparagraph: (E) Because of any qualifying exigency (as the Secretary may by regulation determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.. (b) Intermittent or reduced leave schedule \nSection 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the second sentence the following new sentence: Subject to subsection (e)(3) and section 103(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.. (c) Substitution of paid leave \nSection 102(d)(2)(A) of such Act ( 29 U.S.C. 2612(d)(2)(A) ) is amended by striking or (C) and inserting (C), or (E). (d) Notice \nSection 102(e) of such Act ( 29 U.S.C. 2612(e) ) is amended by adding at the end the following new paragraph: (3) Notice for leave due to active duty of family member \nIn any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable based on notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as is reasonable and practicable.. (e) Certification \nSection 103 of such Act ( 29 U.S.C. 2613 ) is amended by adding at the end the following new subsection: (f) Certification for leave due to active duty of family member \nAn employer may require that a request for leave under section 102(a)(1)(E) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.. (f) Definition \nSection 101 of such Act ( 29 U.S.C. 2611 ) is amended by adding at the end the following new paragraph: (14) Contingency operation \nThe term contingency operation has the same meaning given such term in section 101(a)(13) of title 10, United States Code..", "id": "H5036B7CDF6E640AC807F61D122D79FF8", "header": "Leave for military families under the Family and Medical Leave Act of 1993" }, { "text": "3. Leave for military families under title 5 \n(a) Entitlement to leave \nSection 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following new subparagraph: (E) Because of any qualifying exigency (as defined under section 6387) arising out of the fact that the spouse, or a son, daughter, or parent, of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.. (b) Intermittent or reduced leave schedule \nSection 6382(b)(1) of such title is amended by inserting after the second sentence the following new sentence: Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.. (c) Substitution of paid leave \nSection 6382(d) of such title is amended by striking or (D) and inserting (D), or (E). (d) Notice \nSection 6382(e) of such title is amended by adding at the end the following new paragraph: (3) In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable based on notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employing agency as is reasonable and practicable.. (e) Certification \nSection 6383 of such title is amended by adding at the end the following new subsection: (f) An employing agency may require that a request for leave under section 6382(a)(1)(E) be supported by a certification issued at such time and in such manner as the employing agency may require.. (f) Definition \nSection 6381 of such title is amended— (1) in paragraph (5)(B), by striking and at the end; (2) in paragraph (6)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (6) the term contingency operation has the same meaning given such term in section 101(a)(13) of title 10..", "id": "HC6C6E53F4AEA49D5B7B4F99FCED4CB41", "header": "Leave for military families under title 5" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Domestic Violence Connections Campaign Act of 2004.", "id": "HF4EEB77047D54B92AA1029B637BFCFB2", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) More than 500 men and women call the National Domestic Violence Hotline every day to get immediate, informed, and confidential assistance to help deal with family violence. (2) The National Domestic Violence Hotline service is available, toll-free, 24 hours a day and 7 days a week, with bilingual staff, access to translators in 150 languages, and a TTY line for the hearing-impaired. (3) With access to over 5,000 shelters and service providers in the United States, Puerto Rico, and the United States Virgin Islands, the National Domestic Violence Hotline provides crisis intervention and immediately connects callers with sources of help in their local community. (4) The National Domestic Violence Hotline, which was created by the Violence Against Women Act and is located in Austin, Texas, answered its first call on February 21, 1996, and answered its one millionth call on August 4, 2003. (5) Approximately 60 percent of the callers indicate that calling the Hotline is their first attempt to address a domestic violence situation and that they have not called the police or any other support services. (6) Between 2000 and 2003, there was a 27 percent increase in call volume. (7) Due to high call volume and limited resources, approximately 26,000 calls to the Hotline went unanswered in 2002 due to long hold times or busy signals. (8) Widespread demand for the Hotline service continues. The Department of Justice reported that over 18,000 acts of violence were committed by intimate partners in the United States each day during 2001. An average of 3 women are murdered every day in the Nation by their husbands or boyfriends. (9) Working with outdated telephone and computer equipment creates many challenges for the National Domestic Violence Hotline. (10) Improving technology infrastructure at the National Domestic Violence Hotline and training advocates, volunteers, and other staff on upgraded technology will drastically increase the Hotline’s ability to answer more calls quickly and effectively. (11) Partnerships between the public sector and the private sector are an effective way of providing necessary technology improvements to the National Domestic Violence Hotline. (12) The Connections Campaign is a project that unites nonprofit organizations, major corporations, and Federal agencies to launch a major new initiative to help ensure that the National Domestic Violence Hotline can answer every call with upgraded, proficient, and sophisticated technology tools.", "id": "HEF742A46499D405198BD0000B12E59BA", "header": "Findings" }, { "text": "3. Technology grant to national domestic violence hotline \n(a) In general \nThe Attorney General, in consultation with the Secretary of Health and Human Services, shall award a grant to the National Domestic Violence Hotline. (b) Use of funds \nThe grant awarded under subsection (a) shall be used to provide technology and telecommunication training and assistance for advocates, volunteers, staff, and others affiliated with the Hotline so that such persons are able to effectively use improved equipment made available through the Connections Campaign.", "id": "H0E9A51E2A81D4A368D54D5C26C691F80", "header": "Technology grant to national domestic violence hotline" }, { "text": "4. Research grant to study national domestic violence hotline \n(a) Grant authorized \nNot later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, shall award a grant to a university or other research institution with demonstrated experience and expertise with domestic violence issues to conduct a study of the National Domestic Violence Hotline for the purpose of conducting the research described under subsection (c), and for the input, interpretation, and dissemination of research data. (b) Application \nEach university or research institution desiring to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, may reasonably require. (c) Issues to be studied \nThe study described in subsection (a) shall— (1) compile statistical and substantive information about calls received by the Hotline since its inception, or a representative sample of such calls, while maintaining the confidentiality of Hotline callers; (2) interpret the data compiled under paragraph (1)— (A) to determine the trends, gaps in services, and geographical areas of need; and (B) to assess the trends and gaps in services to underserved communities and the military community; and (3) gather other important information about domestic violence. (d) Report \nNot later than 3 years after the date of enactment of this Act, the grantee conducting the study under this section shall submit a report on the results of such study to Congress and the Attorney General.", "id": "H85CEA4F1DC52458DA8AA92997E5FB812", "header": "Research grant to study national domestic violence hotline" }, { "text": "5. Grant to raise public awareness of domestic violence issues \n(a) Grant authorized \nNot later than 6 months after the submission of the report required under section 4(d), the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, shall award a grant to an experienced organization to conduct a public awareness campaign to increase the public’s understanding of domestic violence issues and awareness of the National Domestic Violence Hotline. (b) Application \nEach organization desiring to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, may reasonably require.", "id": "H05045302DCEA4BE29F655E39DF82AF44", "header": "Grant to raise public awareness of domestic violence issues" }, { "text": "6. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated, for each of the fiscal years 2005 and 2006— (1) $500,000 to carry out section 3; (2) $250,000 to carry out section 4; and (3) $800,000 to carry out section 5. (b) Availability \nAny amounts appropriated pursuant to the authority of subsection (a) shall remain available until expended. (c) Nonexclusivity \nNothing in this section shall be construed to limit or restrict the National Domestic Violence Hotline to apply for and obtain Federal funding from any other agency or department or any other Federal grant program. (d) No condition on appropriations \nAmounts appropriated pursuant to subsection (a) shall not be considered amounts appropriated for purposes of the conditions imposed under section 316(g)(2) of the Family Violence Prevention and Services Act ( 42 U.S.C. 10416(g)(2) ).", "id": "H327A21ABDE514A5EAEA9F6E3BFB1A602", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Disabled Veterans Transition Assistance Act of 2004.", "id": "HC3732095E7284EFCA8D9CC7BC22CD0", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are— (1) to honor the members of the Armed Forces by ensuring that those members who are severely disabled on or after September 11, 2001, while in the military service and their family members receive the assistance they need in undergoing the transition from military to civilian life and from care provided by the Department of Defense to care provided by the Department of Veterans Affairs; and (2) in order to carry out the purpose stated in paragraph (1), to expand the scope of the the program of the Army known as the Disabled Soldiers’ Support System to provide transition assistance as described in paragraph (1) for all eligible severely disabled members of the Army and to extend that program to all branches of the Armed Forces.", "id": "H2283BD239FF54E4300B1FF2707B2847", "header": "Purposes" }, { "text": "3. Enhanced transition assistance for severely wounded servicemembers \n(a) Disabled Servicemember Support System \n(1) Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: 1154. Support and transition assistance for members with severe disabilities \n(a) Disabled Servicemember Support System \nThe Secretary of Defense shall carry out a program to provide a support system for members of the armed forces who incur severe disabilities on or after September 11, 2001. The program shall include a system of advocacy and follow-up with personal support to assist those members as they transition from military service to the civilian community. (b) Executive Agent \nThe Secretary of Defense shall designate an executive agent within the Department of Defense to have the authority and responsibility to carry out the program under this section throughout the Department of Defense and, in cooperation with the Secretary of Homeland Security, for members of the Coast Guard with severe disabilities. (c) Staffing \nAs part of the program under subsection (a), the Secretary shall ensure that there are sufficient personnel assigned to the program so that the the ratio of severely disabled members or former members eligible for the program at any time to the number of personnel assigned to the program with specific responsibility for advocacy and follow-up for assigned members and former members is not greater than 30:1. (d) Severe disabilities \nThe Secretary of Defense shall specify the degree and nature of disabilities that are to be considered to be severe disabilities for the purposes of this section.. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1154. Support and transition assistance for members with severe disabilities. (b) Implementation \nThe Secretary of Defense shall prescribe regulations for the purposes of section 1154 of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. The Secretary shall designate the executive agent required by subsection (b) of that section not later than 30 days after the date of the enactment of this Act. Until such designation is made by the Secretary, the executive agent shall be the Secretary of the Army. (c) Initial Funding \nFor fiscal year 2005, the Secretary of Defense shall transfer such funds as necessary to provide funds for the implementation during that fiscal year of the program required by that section.", "id": "H4DE14BE4EBA44F64A85EBD7E8CA55EC2", "header": "Enhanced transition assistance for severely wounded servicemembers" }, { "text": "1154. Support and transition assistance for members with severe disabilities \n(a) Disabled Servicemember Support System \nThe Secretary of Defense shall carry out a program to provide a support system for members of the armed forces who incur severe disabilities on or after September 11, 2001. The program shall include a system of advocacy and follow-up with personal support to assist those members as they transition from military service to the civilian community. (b) Executive Agent \nThe Secretary of Defense shall designate an executive agent within the Department of Defense to have the authority and responsibility to carry out the program under this section throughout the Department of Defense and, in cooperation with the Secretary of Homeland Security, for members of the Coast Guard with severe disabilities. (c) Staffing \nAs part of the program under subsection (a), the Secretary shall ensure that there are sufficient personnel assigned to the program so that the the ratio of severely disabled members or former members eligible for the program at any time to the number of personnel assigned to the program with specific responsibility for advocacy and follow-up for assigned members and former members is not greater than 30:1. (d) Severe disabilities \nThe Secretary of Defense shall specify the degree and nature of disabilities that are to be considered to be severe disabilities for the purposes of this section.", "id": "H7489C8D9A00C4104BB5B7FCF6FAF08E0", "header": "Support and transition assistance for members with severe disabilities" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Social Security Fairness for Merchant Mariners Act of 2004.", "id": "H65182208B1314E9AB311CA00B22BD6FF", "header": "Short title" }, { "text": "2. Benefits for individuals who served in the United States merchant marine during World War II \n(a) Benefits \nSection 217(d) of the Social Security Act ( 42 U.S.C. 417(d) ) is amended by adding at the end the following new paragraph: (3) The term active military or naval service includes the service, or any period of forcible detention or internment by an enemy government or hostile force as a result of action against a vessel described in subparagraph (A), of a person who— (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.. (b) Effective date \nThe amendment made by subsection (a) shall apply only with respect to benefits for months beginning on or after the date of the enactment of this Act.", "id": "HCE4AC59D05A8469588D1E39C32E26502", "header": "Benefits for individuals who served in the United States merchant marine during World War II" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Servicemembers’ Flexible Educational Assistance Act.", "id": "H5B21C9B96B3C49229BF7E95C83007BF8", "header": "Short title" }, { "text": "2. Transfer of entitlement to basic educational assistance \n(a) All-volunteer force educational assistance program \nChapter 30 of title 38, United States Code, is amended— (1) in the table of contents by striking the item relating to section 3020 and inserting the following: 3020. Transfer of entitlement to basic educational assistance ; (2) in section 3018— (A) in subsection (c) by inserting or (e) after subsection (b)(1) ; and (B) by adding at the end the following new subsection: (e) An individual who made an election under section 3011(c)(1) or 3012(d)(1) may withdraw such election not later than one year after the date of enactment of this subsection if— (1) the period described in section 3031 that is applicable to such individual has not expired; and (2) such individual elects to transfer entitlement to educational assistance under section 3020. ; (3) by amending section 3020 to read as follows: 3020. Transfer of entitlement to basic educational assistance \n(a) In General \nAn individual who is entitled to basic educational assistance under this subchapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual’s entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 3031 that is applicable to such individual. (b) Eligible Dependents \nAn individual may transfer entitlement under this section as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (c) Designation of Transferee \nAn individual transferring entitlement under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each such dependent. (d) Revocation and Modification \nAn individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (e) Commencement of Use \nIf the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child— (1) completes the requirements of a secondary school diploma (or equivalency certificate); or (2) attains 18 years of age. (f) Time limitation for use of eligibility and entitlement \nNotwithstanding section 3031, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than the expiration date of a 20-year period beginning on the commencement date of the period described in section 3031 that is applicable to the individual who transferred such entitlement to the dependent. (g) Additional Administrative Matters \n(1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom entitlement was transferred. (3) (A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 to the individual making the transfer. (B) The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of section 3032, except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used. (4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. (5) Notwithstanding subsection (f) and section 3031, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (6) Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685. (i) Regulations \nThe Secretaries concerned shall prescribe regulations for purposes of this section. (j) Annual Report \nNot later than January 31 of each calendar year (beginning in 2006), the Secretary of Defense, in consultation with the other Secretaries concerned, shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate a report on the number of individuals transferring entitlement to educational assistance under this section during the preceding fiscal year. (k) Secretary Concerned Defined \nNotwithstanding section 101(25), in this section the term Secretary concerned means— (1) the Secretary of the Army with respect to matters concerning the Army; (2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; (3) the Secretary of the Air Force with respect to matters concerning the Air Force; and (4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy. ; and (4) in section 3031(a) by inserting in section 3020 and after Except as provided. (b) Educational assistance for members of the selected reserve \nChapter 1606 of title 10, United States Code, is amended— (1) in the table of sections by adding at the end the following new item: 16138. Transfer of entitlement to educational assistance ; (2) in section 16133(a) by inserting and section 16138 after subsection (b) ; (3) in section 16137 by inserting Each such report shall also include the number of members of the Selected Reserve of the Ready Reserve of each armed force transferring entitlement to educational assistance under section 16138. after those fiscal years. ; and (4) by adding at the end the following new section: 16138. Transfer of entitlement to educational assistance \n(a) In General \nAn individual who is entitled to educational assistance under this chapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual’s entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 16133 that is applicable to such individual. (b) Eligible Dependents \nAn individual may transfer entitlement under this section as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (c) Designation of Transferee \nAn individual transferring entitlement under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each such dependent. (d) Revocation and Modification \nAn individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (e) Commencement of Use \nIf the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child— (1) completes the requirements of a secondary school diploma (or equivalency certificate); or (2) attains 18 years of age. (f) Time limitation for use of eligibility and entitlement \nNotwithstanding section 16133, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than— (1) the expiration date of a 20-year period beginning on the commencement date of the period prescribed by section 16133(a)(1) that is applicable to the individual who transferred such entitlement to the dependent; or (2) the date that is 10 years after the date the individual who transferred such entitlement to the dependent is separated from the Selected Reserve, whichever occurs first. (g) Additional Administrative Matters \n(1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom entitlement was transferred. (3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under section 16131 to the individual making the transfer. (4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. (5) Notwithstanding subsection (f) and section 16133, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (6) Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Regulations \nThe Secretaries concerned shall prescribe regulations for purposes of this section. (j) Secretary Concerned Defined \nNotwithstanding section 101(a)(9), in this section the term Secretary concerned means— (1) the Secretary of the Army with respect to matters concerning the Army; (2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; (3) the Secretary of the Air Force with respect to matters concerning the Air Force; and (4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy..", "id": "H5377FAAEBBF6497EA033CF6CD0D7B425", "header": "Transfer of entitlement to basic educational assistance" }, { "text": "3020. Transfer of entitlement to basic educational assistance \n(a) In General \nAn individual who is entitled to basic educational assistance under this subchapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual’s entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 3031 that is applicable to such individual. (b) Eligible Dependents \nAn individual may transfer entitlement under this section as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (c) Designation of Transferee \nAn individual transferring entitlement under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each such dependent. (d) Revocation and Modification \nAn individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (e) Commencement of Use \nIf the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child— (1) completes the requirements of a secondary school diploma (or equivalency certificate); or (2) attains 18 years of age. (f) Time limitation for use of eligibility and entitlement \nNotwithstanding section 3031, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than the expiration date of a 20-year period beginning on the commencement date of the period described in section 3031 that is applicable to the individual who transferred such entitlement to the dependent. (g) Additional Administrative Matters \n(1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom entitlement was transferred. (3) (A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 to the individual making the transfer. (B) The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of section 3032, except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used. (4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. (5) Notwithstanding subsection (f) and section 3031, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (6) Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685. (i) Regulations \nThe Secretaries concerned shall prescribe regulations for purposes of this section. (j) Annual Report \nNot later than January 31 of each calendar year (beginning in 2006), the Secretary of Defense, in consultation with the other Secretaries concerned, shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate a report on the number of individuals transferring entitlement to educational assistance under this section during the preceding fiscal year. (k) Secretary Concerned Defined \nNotwithstanding section 101(25), in this section the term Secretary concerned means— (1) the Secretary of the Army with respect to matters concerning the Army; (2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; (3) the Secretary of the Air Force with respect to matters concerning the Air Force; and (4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.", "id": "HFF9D39B2CDED485B811444098010DECA", "header": "Transfer of entitlement to basic educational assistance" }, { "text": "16138. Transfer of entitlement to educational assistance \n(a) In General \nAn individual who is entitled to educational assistance under this chapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual’s entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 16133 that is applicable to such individual. (b) Eligible Dependents \nAn individual may transfer entitlement under this section as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (c) Designation of Transferee \nAn individual transferring entitlement under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each such dependent. (d) Revocation and Modification \nAn individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (e) Commencement of Use \nIf the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child— (1) completes the requirements of a secondary school diploma (or equivalency certificate); or (2) attains 18 years of age. (f) Time limitation for use of eligibility and entitlement \nNotwithstanding section 16133, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than— (1) the expiration date of a 20-year period beginning on the commencement date of the period prescribed by section 16133(a)(1) that is applicable to the individual who transferred such entitlement to the dependent; or (2) the date that is 10 years after the date the individual who transferred such entitlement to the dependent is separated from the Selected Reserve, whichever occurs first. (g) Additional Administrative Matters \n(1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom entitlement was transferred. (3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under section 16131 to the individual making the transfer. (4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. (5) Notwithstanding subsection (f) and section 16133, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (6) Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Regulations \nThe Secretaries concerned shall prescribe regulations for purposes of this section. (j) Secretary Concerned Defined \nNotwithstanding section 101(a)(9), in this section the term Secretary concerned means— (1) the Secretary of the Army with respect to matters concerning the Army; (2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; (3) the Secretary of the Air Force with respect to matters concerning the Air Force; and (4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.", "id": "H1D9909E4B0FD4D23A4E0AB252475A2C6", "header": "Transfer of entitlement to educational assistance" }, { "text": "3. Program of education \n(a) All-volunteer force educational assistance program \nChapter 30 of title 38, United States Code, is amended— (1) in section 3014(a) by striking an approved program of education and inserting a program of education of the individual’s choosing ; and (2) in sections 3014A(b)(1), 3015(a)(1), 3015(a)(2), 3015(b)(1), 3015(b)(2), 3015(g)(1), 3015(g)(2), 3016(b), 3016(c), 3022(a)(1), 3022(a)(2), and 3034(a)(3) by striking an approved program each place it appears and inserting a program. (b) Educational assistance for members of the selected reserve \nSection 16131 of title 10, United States Code, is amended— (1) in subsection (b)(1) by inserting of the person’s choosing after pursuing a program of education ; (2) by amending subsection (c)(1) to read as follows: (c) (1) Educational assistance shall be provided to each person entitled to educational assistance under this chapter for pursuit of any program of education of the person’s choosing that is a program of education for purposes of chapter 30 of title 38. ; and (3) in subsection (g)(2)(B)(i) by striking an approved program and inserting a program.", "id": "H87F28C03AACC4973A0F7EAA83E00B51D", "header": "Program of education" }, { "text": "4. Service in the Selected Reserve \n(a) Credit for 24 months of active duty service \nSub section 3012 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)(A)(i) by striking an obligated period and all that follows through in the Armed Forces and inserting for a cumulative period of at least 24 months of obligated active duty in the Armed Forces during any 6-year period ; (B) in paragraphs (1)(B)(i) and (1)(C)(iii)(I) by striking at least two years of continuous active duty in the Armed Forces each place it appears and inserting for a cumulative period of at least 24 months of active duty in the Armed Forces during any 6-year period ; and (C) in paragraphs (1)(B)(ii) and (1)(C)(iii)(II) by striking two years each place it appears and inserting 24 months ; and (2) in subsection (b)(1)(A)— (A) by striking two years of service and inserting 24 months of service ; and (B) by striking during such two years and inserting during such service. (b) Conforming amendment \nSection 3013(b) of title 38, United States Code, is amended by striking continuous.", "id": "H15EC23A29855423EAF84D5BFB0896C74", "header": "Service in the Selected Reserve" } ]

[ { "text": "1. Short title \nThis Act may be cited as the United Nations Accountability Act of 2004.", "id": "HDE45BF0E3778419D884E1C268BF45C68", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) There have been allegations of mismanagement, fraud, and corruption in the United Nations Oil-for-Food program. (2) The United Nations Office of Internal Oversight Services (OIOS) conducted audits of the United Nations Oil-for-Food program. (3) These OIOS audits identified mismanagement and uneconomical arrangements in the contract entered into by the United Nations for the provision of independent Oil-for-Food inspection agents in Iraq, and observed that the contractor providing inspection services in Iraq on behalf of the United Nations had not fully performed its contractual duties. (4) The overall conclusion of the OIOS audit was that management of the Contract had not been adequate and certain provisions of the contract had not been adhered to. (5) Specifically, the OIOS audit concluded the contractor failed to maintain inspection agents at staffing levels required by the contract, overcharged the United Nations, engaged in unprofessional conduct , and reported figures for goods as having arrived that were vastly different than the figures reported by the United Nations. (6) The OIOS concluded that the United Nations Office of Iraq Programs needed to strengthen its management of contracts , had failed to designate anyone in Iraq to manage the contract, and that in the absence of a contract manager , the United Nations Office of Iraq Programs had no assurance that the services provided were in consonance with the spirit and letter of the contract. (7) It has been and continues to be the policy and practice of the United Nations not to release OIOS audit reports to member states. (8) The United Nations has denied the United States access to OIOS audits of the Oil-for-Food Program both during and after the life of the program, despite repeated requests by the United States for access to such audits. (9) The ability of member states to fulfill their responsibilities in connection with United Nations programs is undermined by the nondisclosure policy of the United Nations barring full and timely access by member states to OIOS audit reports.", "id": "H05509687680F422BB4A39663ACD4187E", "header": "Findings" }, { "text": "3. Accountability and transparency measures for the United Nations \n(a) Access by member states to OIOS audits \nCongress urges the President to instruct the Permanent Mission of the United States to the United Nations to use the voice and vote of the United States to seek to ensure the United Nations has procedures in place to ensure that all reports prepared by the OIOS are made available, in a timely fashion, fully and without modification (except to the extent necessary to protect the privacy rights of individuals) to member states of the United Nations. (b) Report on financial disclosure requirements of United Nations officials \nNot later than 180 days after the date of the enactment of this Act, the Department of State shall submit to the appropriate congressional committees a report assessing the adequacy of financial disclosure rules and practices for United Nations officials together with recommendations for any needed reforms identified in the course of the assessment.", "id": "H7869674D3FA244E9A4068CD9C2DF6FB2", "header": "Accountability and transparency measures for the United Nations" }, { "text": "4. Definitions \nIn this Act: (1) Oil-for-Food program \nThe term oil-for-food program means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. (2) Office of Internal Oversight Services \nThe term Office of Internal Oversight Services means the United Nations office established by General Assembly resolution 48/218 B (July 29, 1994), and charged with assisting in the internal oversight responsibilities of the Secretary General by monitoring program implementation and by conducting management audits, reviews, and surveys. (3) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives, the Committee on Government Reform of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Governmental Affairs of the Senate.", "id": "H25417CBAFFB24BD28E837EBB75B861C4", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Iran Nuclear Proliferation Prevention Act.", "id": "H873653AE72A84927A10373A7B41E9BB", "header": "Short title" }, { "text": "2. Prohibition on nuclear trade with Iran \n(a) In general \nChapter 11 of the Atomic Energy Act of 1954 is amended by adding at the end the following new section: 135. Prohibition on nuclear trade with Iran’s nuclear suppliers \n(a) Prohibitions \nNotwithstanding any other provision of this Act, any international arrangement or any agreement for cooperation made pursuant to this Act, or any other provision of law, no license, approval, or authorization for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of any— (1) special nuclear material, (2) source material, (3) byproduct material, (4) production facility, (5) utilization facility, (6) items or components which are designed or intended to be used in a production or utilization facility, or with respect to which there is a risk of diversion for use in such a facility, (7) items or components which are designed or intended for use in the construction of a production or utilization facility, (8) items and assistance requiring any authorization, licensing, or other approval pursuant to this Act, or (9) any nuclear-related items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations (or any successor to such list), may be made to any country that the President determines has, since January 1, 2004, provided to the Islamic Republic of Iran any special nuclear material, source material, byproduct material, production facility, utilization facility, or items, components, or technologies which are or can be used in a production or utilization facility or in (or to develop, test, or manufacture) a nuclear explosive device. (b) Exceptions \nSubsection (a) shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Nuclear Regulatory Commission, except to the extent that such technologies, equipment, seals, cameras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. (c) Waivers \nThe President may waive the application of subsection (a) to a country if the President determines and certifies to the Congress that the waiver will not result in any increased risk that the Islamic Republic of Iran will acquire nuclear weapons, nuclear reactors, or any materials or components of nuclear weapons and that— (1) the government of such country has not, within the preceding 12-month period, provided any material support to the Islamic Republic of Iran in acquiring nuclear materials, nuclear reactors, or any technology or component which is or could be used to manufacture a nuclear explosive device; (2) in the judgment of the President, the government of such country has provided adequate, verifiable assurances that it will cease all further exports or transfers of nuclear-weapons-usable technology or material, and has put in place and enforced effective export controls on transfers or exports of such technology or material by nongovernmental entities; (3) the waiver is in the vital national security interest of the United States; or (4) the waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety. (d) Cooperative Threat Reduction Programs \nThis section shall not apply to any license, approval, or authorization which the President determines is necessary to implement Cooperative Threat Reduction Programs. For purposes of this subsection, Cooperative Threat Reduction Programs are 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). (e) Application \nThis section shall apply with respect to any license, approval, or authorization described in subsection (a) which is made, or required to be made, on or after the date of the enactment of this section.. (b) Conforming amendment \nThe table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 134 the following new item: Sec. 135. Prohibition on nuclear trade with Iran’s nuclear suppliers.", "id": "H9E6A480318594118AB0386708344F800", "header": "Prohibition on nuclear trade with Iran" }, { "text": "135. Prohibition on nuclear trade with Iran’s nuclear suppliers \n(a) Prohibitions \nNotwithstanding any other provision of this Act, any international arrangement or any agreement for cooperation made pursuant to this Act, or any other provision of law, no license, approval, or authorization for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of any— (1) special nuclear material, (2) source material, (3) byproduct material, (4) production facility, (5) utilization facility, (6) items or components which are designed or intended to be used in a production or utilization facility, or with respect to which there is a risk of diversion for use in such a facility, (7) items or components which are designed or intended for use in the construction of a production or utilization facility, (8) items and assistance requiring any authorization, licensing, or other approval pursuant to this Act, or (9) any nuclear-related items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations (or any successor to such list), may be made to any country that the President determines has, since January 1, 2004, provided to the Islamic Republic of Iran any special nuclear material, source material, byproduct material, production facility, utilization facility, or items, components, or technologies which are or can be used in a production or utilization facility or in (or to develop, test, or manufacture) a nuclear explosive device. (b) Exceptions \nSubsection (a) shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Nuclear Regulatory Commission, except to the extent that such technologies, equipment, seals, cameras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. (c) Waivers \nThe President may waive the application of subsection (a) to a country if the President determines and certifies to the Congress that the waiver will not result in any increased risk that the Islamic Republic of Iran will acquire nuclear weapons, nuclear reactors, or any materials or components of nuclear weapons and that— (1) the government of such country has not, within the preceding 12-month period, provided any material support to the Islamic Republic of Iran in acquiring nuclear materials, nuclear reactors, or any technology or component which is or could be used to manufacture a nuclear explosive device; (2) in the judgment of the President, the government of such country has provided adequate, verifiable assurances that it will cease all further exports or transfers of nuclear-weapons-usable technology or material, and has put in place and enforced effective export controls on transfers or exports of such technology or material by nongovernmental entities; (3) the waiver is in the vital national security interest of the United States; or (4) the waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety. (d) Cooperative Threat Reduction Programs \nThis section shall not apply to any license, approval, or authorization which the President determines is necessary to implement Cooperative Threat Reduction Programs. For purposes of this subsection, Cooperative Threat Reduction Programs are 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). (e) Application \nThis section shall apply with respect to any license, approval, or authorization described in subsection (a) which is made, or required to be made, on or after the date of the enactment of this section.", "id": "H89B73493831F4C87BA57ABD808F92311", "header": "Prohibition on nuclear trade with Iran’s nuclear suppliers" }, { "text": "3. Report to Congress \nNot later than 6 months after the date of the enactment of this Act, the President shall submit a report to the Congress containing the following information: (1) A complete list of missile and nuclear materials and technology provided to Iran by any entity in the People’s Republic of China, including the Chinese Government, or by the government of, or any other entity in, any other country. (2) An estimate and assessment of the current status of efforts by Iran to acquire nuclear explosives and their delivery vehicles. (3) An assessment of the extent to which the agreement recently reached between the Islamic Republic of Iran and the governments of Great Britain, France, and Germany could effectively limit further efforts by Iran to acquire nuclear explosives. (4) An evaluation of the basis for and credibility of claims recently set forth by an Iranian resistance group that Iran may be enriching uranium at a secret facility unknown to United Nations weapons inspectors. (5) Whether the United States has provided United Nations and International Atomic Energy Agency (IAEA) weapons inspectors with full access to the intelligence that forms the basis for any conclusion that Iran is actively pursuing a nuclear weapons program. (6) The steps the United States is taking to ensure that the United Nations and IAEA inspectors receive full access to all suspected Iranian nuclear sites and that the United States works together with the international community to ensure that Iran provides such inspectors with full cooperation in their efforts to verify that Iran has complied with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and the agreement referred to in paragraph (3).", "id": "HBE71C547E19E4F3F89A98E57E4595098", "header": "Report to Congress" } ]

[ { "text": "1. Short title \nThis Act may be cited as the TANF and Related Programs Continuation Act of 2004.", "id": "H68523E14429C41189332D80050729FF7", "header": "Short title" }, { "text": "2. Extension of the Temporary Assistance for Needy Families block grant program through September 30, 2004 \n(a) In general \nActivities authorized by part A of title IV of the Social Security Act , and by sections 510, 1108(b), and 1925 of such Act, shall continue through September 30, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the fourth quarter of fiscal year 2004 at the level provided for such activities through the fourth quarter of fiscal year 2002. (b) Conforming amendment \nSection 403(a)(3)(H)(ii) of the Social Security Act ( 42 U.S.C. 603(a)(3)(H)(ii) ) is amended by striking June 30 and inserting September 30.", "id": "H1C2D28C4AC9B4836AF67BDBA156CD6AF", "header": "Extension of the Temporary Assistance for Needy Families block grant program through September 30, 2004" }, { "text": "3. Extension of the national random sample study of child welfare and child welfare waiver authority through September 30, 2004 \nActivities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through September 30, 2004, in the manner authorized for fiscal year 2002, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the fourth quarter of fiscal year 2004 at the level provided for such activities through the fourth quarter of fiscal year 2002.", "id": "HCE0B53452AF14CF785B1F87CE9EA2B19", "header": "Extension of the national random sample study of child welfare and child welfare waiver authority through September 30, 2004" } ]

[ { "text": "1. Authorization of Department of Veterans Affairs outpatient clinic in Denton, Texas \nThe Secretary of Veterans Affairs may take such steps as necessary to establish an outpatient clinic in Denton, Texas.", "id": "H3CECFC02C68442CDAC31F022FED4987", "header": "Authorization of Department of Veterans Affairs outpatient clinic in Denton, Texas" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Enhancing America's Guard and Reserve Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Compensation Matters Sec. 101. Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services Sec. 102. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services Sec. 103. Active-duty reserve component employee credit added to general business credit Sec. 104. Eligibility for retired pay for non-regular service Title II—Health Care and Education Matters Sec. 201. Permanent authority for certain TRICARE benefits for Reserves Sec. 202. Increase in amount of basic educational assistance under the Montgomery GI Bill for members of reserve components; indexing payment amounts to higher education costs Sec. 203. Prohibition on denial of benefits under the Montgomery GI Bill for members of reserve components in conjunction with calls to active duty Title III—Commuting Matters Sec. 301. Limited use of telecommuting to satisfy inactive-duty training prescribed or authorized for members of reserve components Sec. 302. Priority for space-available travel for members of reserve components", "id": "H25382DF631A84D02B54851FDFE15853F", "header": "Short title; table of contents" }, { "text": "101. Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services \n(a) In general \nSubchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following new section: 5538. Nonreduction in pay while serving on active duty in a reserve component \n(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the difference (if any) between— (1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee’s civilian employment with the Government had not been interrupted by the service on active duty; and (2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. (b) (1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted) that occurs— (A) while the employee serves on active duty for a period of more than 30 days; (B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or (C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). (2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee’s civilian employment with the Government. (c) Any amount payable under this section to an employee shall be paid— (1) by employing agency of the employee; (2) from the appropriations or fund that would be used to pay the employee if the employee were in a pay status; and (3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee’s civilian employment had not been interrupted. (d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. (e) (1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) of this title shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. (2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. (f) In this section: (1) The terms active duty for a period of more than 30 days , member , and reserve component have the meanings given such terms in section 101 of title 37. (2) The term civilian basic pay includes any amount payable under section 5304 of this title. (3) The term employing agency , as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii) of this title) with respect to which the employee has reemployment rights under chapter 43 of title 38. (4) The term military compensation has the meaning given the term pay in section 101(21) of title 37.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 55 of title 5, is amended by inserting after the item relating to section 5537 the following new item: 5538. Nonreduction in pay while serving on active duty in a reserve component. (c) Application of amendment \nSection 5538 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act.", "id": "H1A9C4640895B4C8180CE46CA5F3B097B", "header": "Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services" }, { "text": "5538. Nonreduction in pay while serving on active duty in a reserve component \n(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the difference (if any) between— (1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee’s civilian employment with the Government had not been interrupted by the service on active duty; and (2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. (b) (1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted) that occurs— (A) while the employee serves on active duty for a period of more than 30 days; (B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or (C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). (2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee’s civilian employment with the Government. (c) Any amount payable under this section to an employee shall be paid— (1) by employing agency of the employee; (2) from the appropriations or fund that would be used to pay the employee if the employee were in a pay status; and (3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee’s civilian employment had not been interrupted. (d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. (e) (1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) of this title shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. (2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. (f) In this section: (1) The terms active duty for a period of more than 30 days , member , and reserve component have the meanings given such terms in section 101 of title 37. (2) The term civilian basic pay includes any amount payable under section 5304 of this title. (3) The term employing agency , as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii) of this title) with respect to which the employee has reemployment rights under chapter 43 of title 38. (4) The term military compensation has the meaning given the term pay in section 101(21) of title 37.", "id": "H9DE1E4FC16FD472A9F00498564591E07", "header": "Nonreduction in pay while serving on active duty in a reserve component" }, { "text": "102. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services \n(a) In general \nChapter 17 of title 37, United States Code, is amended by adding at the end the following new section: 910. Assistance for State and local governments that continue to pay employees who serve on active duty \n(a) Continuation of civilian basic pay \nIt is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. (b) Reimbursement offered \n(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between— (A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee’s civilian employment with the State or local government had not been interrupted by the service on active duty; and (B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. (2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between— (A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee’s civilian employment with the State or local government had not been interrupted by the service on active duty; and (B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. (c) Pay periods \nReimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted) that occurs— (1) while the employee serves on active duty for a period of more than 30 days; (2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or (3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). (d) Effect of failure to return to employment \n(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. (2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. (4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. (e) Regulations \nThe Secretaries concerned shall prescribe regulations to carry out this section. (f) Definitions \nIn this section: (1) The term civilian compensation means the wages or salary that an employee of a State or local government normally receives from the employee’s employment by the State or local government. (2) The term local government means an agency or political subdivision of a State. (3) The term military pay has the meaning given the term pay in section 101(21) of this title. (4) The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 17 of title 37, is amended by inserting after the item relating to section 909 the following new item: 910. Assistance for State and local governments that continue to pay employees who serve on active duty. (c) Application of amendment \nSection 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act.", "id": "H22568ABD168D4CAEABCC45EA30181936", "header": "Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services" }, { "text": "910. Assistance for State and local governments that continue to pay employees who serve on active duty \n(a) Continuation of civilian basic pay \nIt is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. (b) Reimbursement offered \n(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between— (A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee’s civilian employment with the State or local government had not been interrupted by the service on active duty; and (B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. (2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between— (A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee’s civilian employment with the State or local government had not been interrupted by the service on active duty; and (B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. (c) Pay periods \nReimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted) that occurs— (1) while the employee serves on active duty for a period of more than 30 days; (2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or (3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). (d) Effect of failure to return to employment \n(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. (2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. (4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. (e) Regulations \nThe Secretaries concerned shall prescribe regulations to carry out this section. (f) Definitions \nIn this section: (1) The term civilian compensation means the wages or salary that an employee of a State or local government normally receives from the employee’s employment by the State or local government. (2) The term local government means an agency or political subdivision of a State. (3) The term military pay has the meaning given the term pay in section 101(21) of this title. (4) The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.", "id": "H6787B2E05F954EC994E9C196BAE81447", "header": "Assistance for State and local governments that continue to pay employees who serve on active duty" }, { "text": "103. Active-duty reserve component employee credit added to general business credit \n(a) Addition of credit \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: 45G. Active-duty reserve component employee credit \n(a) General rule \nFor purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b), but not to exceed 50 percent of the difference (if any) between— (1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee’s employment with the employer had not been interrupted by the employee’s absence; and (2) the amount of military pay that is payable to the employee during the absence. (b) Covered pay periods \nSubsection (a) shall apply with respect to an employee who is also a member of a reserve component— (1) while the employee serves on active duty for a period of more than 30 days; (2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or (3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). (c) Limitation \nNo credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. (d) Definitions \nFor purposes of this section— (1) The terms active duty for a period of more than 30 days , member , and reserve component have the meanings given such terms in section 101 of title 37, United States Code. (2) The term compensation means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer’s gross income under section 162(a)(1).. (b) Credit to be part of general business credit \nSubsection (b) of section 38 of such Code (relating to general business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the active-duty reserve component employee credit determined under section 45G(a).. (c) Conforming amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: Sec. 45G. Active-duty reserve component employee credit. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "id": "H33EF19862CE04EF58C3610C239781D9C", "header": "Active-duty reserve component employee credit added to general business credit" }, { "text": "45G. Active-duty reserve component employee credit \n(a) General rule \nFor purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b), but not to exceed 50 percent of the difference (if any) between— (1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee’s employment with the employer had not been interrupted by the employee’s absence; and (2) the amount of military pay that is payable to the employee during the absence. (b) Covered pay periods \nSubsection (a) shall apply with respect to an employee who is also a member of a reserve component— (1) while the employee serves on active duty for a period of more than 30 days; (2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or (3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). (c) Limitation \nNo credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. (d) Definitions \nFor purposes of this section— (1) The terms active duty for a period of more than 30 days , member , and reserve component have the meanings given such terms in section 101 of title 37, United States Code. (2) The term compensation means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer’s gross income under section 162(a)(1).", "id": "HEFBE8C62B5AF459E8B401B001C293F4F", "header": "Active-duty reserve component employee credit" }, { "text": "104. Eligibility for retired pay for non-regular service \n(a) Age and service requirements \nSubsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: (a) (1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person— (A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2); (B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and (C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. (2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: If the person’s age, in years, The minimum years of is at least: service required is 49 31 50 30 51 29 52 28 53 27 54 26 55 25 56 24 57 23 58 22 59 21 60 20. (b) 20-Year letter \nSubsection (d) of such section is amended by striking the years of service required for eligibility for retired pay under this chapter in the first sentence and inserting 20 years of service computed under section 12732 of this title. (c) Effective date \nThe amendments made by subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months.", "id": "H3893A55B6B46419B9EA641BF9FE5C200", "header": "Eligibility for retired pay for non-regular service" }, { "text": "201. Permanent authority for certain TRICARE benefits for Reserves \n(a) Permanent authority for coverage of Ready Reserve members under TRICARE program \nSection 1076b of title 10, United States Code, is amended by striking subsection (l). (b) Permanent authority for earlier eligibility date for TRICARE benefits for members of Reserve components \nSection 1074(d) of title 10, United States Code, is amended by striking paragraph (3). (c) Permanent extension of transitional health care benefits \n(1) Paragraph (3) of section 1145(a) of title 10, United States Code, is amended to read as follows: (3) Transitional health care for a member under subsection (a) shall be available for 180 days beginning on the date on which the member is separated from active duty.. (2) Paragraph (3) of section 1145(a) of title 10, United States Code, shall apply with respect to separations from active duty that take effect on or after November 24, 2003. (3) Section 704 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1527) and section 1117 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 ( Public Law 108–106 ; 117 Stat. 1218) are repealed.", "id": "HB1F7099164DE4D6FA29573B5CE38294", "header": "Permanent authority for certain TRICARE benefits for Reserves" }, { "text": "202. Increase in amount of basic educational assistance under the Montgomery GI Bill for members of reserve components; indexing payment amounts to higher education costs \n(a) In general \n(1) Paragraph (1) of Section 16131(b) of title 10, United States Code, is amended— (A) in subparagraph (A), by striking $251 and inserting $600 ; (B) in subparagraph (B), by striking $188 and inserting $450 ; and (C) in subparagraph (C), by striking $125 and inserting $300. (2) The amendments made by paragraph (1) shall take effect on October 1, 2005, and shall apply with respect to educational assistance allowances under section 16131(b)(1) of such title paid for months after September 2005. (3) In the case of an educational assistance allowance under such section paid for months occurring during fiscal year 2005— (A) subparagraph (A) of such section shall be applied by substituting $475 for $251 ; (B) subparagraph (B) of such section shall be applied by substituting $325 for $188 ; and (C) subparagraph (C) of such section shall be applied by substituting $215 for $125. (b) No adjustment for fiscal years 2005 and 2006 \nSection 16131(b)(2) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal years 2005 and 2006. (c) Application of index based on higher education costs \n(1) Section 16131(b)(2) of title 10, United States Code, is amended to read as follows: (2)(A) With respect to any fiscal year beginning on or after October 1, 2006, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under paragraph (1) equal to the percentage (as determined by the Secretary) by which— (i) the average monthly costs of tuition and expenses for commuter students at public institutions of higher learning that award baccalaureate degrees for purposes of paragraph (1) for the fiscal year involved, exceeds (ii) such average monthly costs for the preceding fiscal year. (B) The Secretary shall make the determination under subparagraph (A) after consultation with the Secretary of Education. (C) A determination made under subparagraph (A) in a year shall take effect on October 1 of that year and apply with respect to basic educational assistance allowances payable under this section for the fiscal year beginning in that year. (D) Not later than September 30 each year, the Secretary shall publish in the Federal Register the average monthly costs of tuition and expenses as determined under subparagraph (A) in that year.. (2)(A) Section 3015(h) of title 38, United States Code, is amended by striking by which— and all that follows and inserting determined by the Secretary under sectionof title 10 for the fiscal year involved.. (B) The amendment made by subparagraph (A) shall apply to fiscal years beginning on or after October 1, 2006.", "id": "H4C1037736EEB4C379B8ECBA6D644C37F", "header": "Increase in amount of basic educational assistance under the Montgomery GI Bill for members of reserve components; indexing payment amounts to higher education costs" }, { "text": "203. Prohibition on denial of benefits under the Montgomery GI Bill for members of reserve components in conjunction with calls to active duty \n(a) In general \nSection 16134 of title 10, United States Code, is amended— (1) by striking Educational and inserting (a) General Rule.— Educational ; and (2) by adding at the end the following new subsection: (b) Prohibition on termination of assistance due solely to call to active duty \nService on active duty pursuant to an order to active duty issued under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title alone does not constitute failure to participate satisfactorily in required training as a member of the Selected Reserve under subsection (a)(2).. (b) Effective date \nThe amendment made by subsection (a) shall apply before, on, or after the date of the enactment of this Act.", "id": "H8D513D28B9F749F0A9300049B4652D53", "header": "Prohibition on denial of benefits under the Montgomery GI Bill for members of reserve components in conjunction with calls to active duty" }, { "text": "301. Limited use of telecommuting to satisfy inactive-duty training prescribed or authorized for members of reserve components \nSection 206 of title 37, United States Code, is amended by adding at the end the following new subsection: (f) The Secretary concerned may authorize a member of the National Guard or of a reserve component of the uniformed services to use telecommuting to satisfy a regular period of instruction or period of appropriate duty prescribed or authorized for the member or to perform such other equivalent training, instruction, duty, or appropriate duties as the Secretary may prescribe or authorize. Telecommuting may not account for more than 16 hours of inactive-duty training by a member in any calendar-year quarter..", "id": "H3A9C7B3D034948909E084F349ED28200", "header": "Limited use of telecommuting to satisfy inactive-duty training prescribed or authorized for members of reserve components" }, { "text": "302. Priority for space-available travel for members of reserve components \n(a) Priority on same basis as active-duty members \n(1) Chapter 1805 of title 10, United States Code, is amended by adding at the end the following new section: 18507. Reserve component members: priority for space-available travel \nThe Secretary of Defense shall provide that members of the Selected Reserve are accorded eligibility for travel on Department of Defense aircraft on a space-available basis in the same category (or with the same priority) as is accorded to members of the armed forces serving on active duty.. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 18507. Reserve component members: priority for space-available travel. (b) Effective date \nSection 18507 of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act.", "id": "H98A1FFBF34304ECD8972C12D073ED4E8", "header": "Priority for space-available travel for members of reserve components" }, { "text": "18507. Reserve component members: priority for space-available travel \nThe Secretary of Defense shall provide that members of the Selected Reserve are accorded eligibility for travel on Department of Defense aircraft on a space-available basis in the same category (or with the same priority) as is accorded to members of the armed forces serving on active duty.", "id": "H61F7E120E09A4EB4A0FCFC08AF4E00A5", "header": "Reserve component members: priority for space-available travel" } ]

[ { "text": "1. Short title \nThis Act may be cited as the District of Columbia Fairness in Representation Act.", "id": "HE30D2B156FAA4D27939216FA3DE5DD03", "header": "Short title" }, { "text": "2. Findings \nCongress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of one person, one vote and government by the consent of the governed.", "id": "H3DBC1B144DF841158C5B1F2C85A563F5", "header": "Findings" }, { "text": "3. Treatment of District of Columbia as Congressional District \n(a) In General \nNotwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendment Regarding Application of Method of Equal Proportions in Apportionment of House of Representatives \nSection 2(a) of the Act entitled An Act to provide for apportioning Representatives in Congress among the several States by the equal proportion method , approved November 15, 1941 ( 2 U.S.C. 2b ), is amended by inserting or the District of Columbia after no State. (c) Conforming Amendments Regarding Appointments to Service Academies \n(1) United States Military Academy \nSection 4342 of title 10, United States Code, is amended— (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking the District of Columbia,. (2) United States Naval Academy \nSuch title is amended— (A) in section 6954(a), by striking paragraph (5); and (B) in section 6958(b), by striking the District of Columbia,. (3) United States Air Force Academy \nSection 9342 of title 10, United States Code, is amended— (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking the District of Columbia,. (d) Effective Date \nThis section and the amendments made by this section shall apply with respect to the One Hundred Ninth Congress and each succeeding Congress.", "id": "HF5124BB9E73D4F4081CBDD77F77DEA69", "header": "Treatment of District of Columbia as Congressional District" }, { "text": "4. Temporary Increase in Apportionment of House of Representatives \n(a) In general \nEffective January 3, 2005, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010— (1) the membership of the House of Representatives shall be increased by 2 members; (2) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law; and (3) the State identified by the Clerk of the House of Representatives in the report submitted under subsection (b) shall be entitled to one additional Representative. (b) Transmittal of revised apportionment information by President and Clerk \n(1) Statement of apportionment by President \nNot later than 30 days after the date of the enactment of this Act, 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 Act. (2) Report by Clerk \nNot later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), 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 each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State entitled to one additional Representative pursuant to this section. (c) Increase not counted against total number of members \nThe temporary increase in the membership of the House of Representatives provided under subsection (a) shall not— (1) 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 ); (2) 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; or (3) be taken into account in determining the number of electors under section 3 of title 3, United States Code, with respect to the 2004 Presidential election.", "id": "H94A094C638654A279194BB607087A872", "header": "Temporary Increase in Apportionment of House of Representatives" }, { "text": "5. 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 2004 and any succeeding year.", "id": "H58D4391FE536401F90474DABE622D8D", "header": "Repeal of Office of District of Columbia Delegate" }, { "text": "6. Repeal of Office of Statehood Representative \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 as follows: (1) By striking offices of Senator and Representative each place it appears in subsection (d) and inserting office of Senator. (2) In subsection (d)(2)— (A) by striking a Representative or ; (B) by striking the Representative or ; and (C) by striking Representative shall be elected for a 2-year term and each. (3) In subsection (d)(3)(A), by striking and 1 United States Representative. (4) By striking Representative or each place it appears in subsections (e), (f), (g), and (h). (5) By striking Representative’s or each place it appears in subsections (g) and (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 26 voting members , (ii) by adding and at the end of paragraph (5); and (iii) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and (B) in subsection (a–1)(1), by striking subparagraph (H). (2) Authorization of appropriations \nSection 8 of such Initiative (sec. 1–127, D.C. Official Code) is amended by striking and House. (3) Application of honoraria limitations \nSection 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is amended by striking or Representative each place it appears. (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 amended by striking and United States Representative. (c) Effective Date \nThe amendments made by this section shall apply with respect to elections occurring during 2004 and any succeeding year.", "id": "H005DF343F09E45C7A6374819DBAB5280", "header": "Repeal of Office of Statehood Representative" }, { "text": "7. Nonseverability of Provisions \nIf any provision of this Act or any amendment made by this Act is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.", "id": "H5A10C9B4D5A9493B8EF9A514999BE3DC", "header": "Nonseverability of Provisions" } ]

[ { "text": "1. Suspension of duty on Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer \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: 9902.38.41 Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer (provided for in subheading 3809.92.50) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Firearm Theft Prevention Act of 2004.", "id": "H034B5FA34AEA4F10A9A53C4430F115E", "header": "Short title" }, { "text": "2. Credit for residential gun safe purchases \n(a) In General \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. Residential gun safes \n(a) In General \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for one or more qualified residential gun safes. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $250. (c) Qualified Residential Gun Safes \nFor purposes of this section, the term qualified residential gun safe means any container if such container— (1) is acquired by the taxpayer for the taxpayer’s personal use, (2) is designed to fully contain one or more firearms, (3) includes a secure locking mechanism, (4) is designed to prevent unauthorized access to its contents by children under the age of 18, and (5) is tested and certified by a certification organization that is accredited by an appropriate accreditation organization, such as the American National Standards Institute, as— (A) complying with an appropriate performance standard, such as Underwriters Laboratories (UL) 1037, Standard for Antitheft Alarms and Devices , or (B) being capable of resisting a 5 minute attempt to access the interior of the safe using household tools when the safe is properly installed. For purposes of paragraph (5)(B), the creation of an opening in a safe of less than 4 inches in diameter shall not be treated as having accessed the interior of the safe. (d) Inclusion of Installation Expenses \nFor purposes of this section, any amount paid or incurred by the taxpayer for the installation of a qualified residential gun safe shall be treated as an amount paid or incurred for such safe. (e) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter (other than this section) for any amount taken into account in determining the credit under this section. (f) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (g) Election to have credit not apply \nA taxpayer may elect (in such form and manner and at such time as the Secretary may require) to have this section not apply for any taxable year. (h) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations to carry out subsection (c)(5). (i) Carryforward of unused credits \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23 and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in-first-out basis.. (b) Clerical Amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential gun safes. (c) Effective Date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H82E76E73AC64472C97FD5791329117D4", "header": "Credit for residential gun safe purchases" }, { "text": "25C. Residential gun safes \n(a) In General \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for one or more qualified residential gun safes. (b) Limitation \nThe credit allowed under subsection (a) for any taxable year shall not exceed $250. (c) Qualified Residential Gun Safes \nFor purposes of this section, the term qualified residential gun safe means any container if such container— (1) is acquired by the taxpayer for the taxpayer’s personal use, (2) is designed to fully contain one or more firearms, (3) includes a secure locking mechanism, (4) is designed to prevent unauthorized access to its contents by children under the age of 18, and (5) is tested and certified by a certification organization that is accredited by an appropriate accreditation organization, such as the American National Standards Institute, as— (A) complying with an appropriate performance standard, such as Underwriters Laboratories (UL) 1037, Standard for Antitheft Alarms and Devices , or (B) being capable of resisting a 5 minute attempt to access the interior of the safe using household tools when the safe is properly installed. For purposes of paragraph (5)(B), the creation of an opening in a safe of less than 4 inches in diameter shall not be treated as having accessed the interior of the safe. (d) Inclusion of Installation Expenses \nFor purposes of this section, any amount paid or incurred by the taxpayer for the installation of a qualified residential gun safe shall be treated as an amount paid or incurred for such safe. (e) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter (other than this section) for any amount taken into account in determining the credit under this section. (f) Married couples must file joint return \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint return for the taxable year. (g) Election to have credit not apply \nA taxpayer may elect (in such form and manner and at such time as the Secretary may require) to have this section not apply for any taxable year. (h) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations to carry out subsection (c)(5). (i) Carryforward of unused credits \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23 and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in-first-out basis.", "id": "H14E9E93B3B9C4BAD906131AF0263359C", "header": "Residential gun safes" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Material Support to Terrorism Prohibition Enhancement Act of 2004.", "id": "H164AF4923D504DA3A8C6ABB24BD3F300", "header": "Short title" }, { "text": "2. Receiving military-type training from a foreign terrorist organization \n(a) Prohibition as to citizens and residents \nChapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section: 2339D. Receiving military-type training from a foreign terrorist organization \n(a) Offense \nWhoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). (b) Extraterritorial jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). (c) Definitions \nAs used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); (2) the term serious bodily injury has the meaning given that term in section 1365(h)(3); (3) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.. (b) Inadmissibility of aliens who have received military-type training from terrorist organizations \nSection 212(a)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i) ) is amended— (1) in subclauses (V) and (VI), by striking or at the end; (2) in subclause (VII), by adding or at the end; and (3) by inserting after subclause (VII) the following: (VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi);. (c) Inadmissibility of representatives and members of terrorist organizations \nSection 212(a)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i) ) is amended— (1) in subclause (IV), by amending item (aa) to read as follows: (aa) a terrorist organization, as defined in clause (vi), or ; and (2) by amending subclause (V) to read as follows: (V) is a member of a terrorist organization, as defined in subclause (I) or (II) of clause (vi), or of an organization which the alien knows or should have known is a terrorist organization,. (d) Deportation of aliens who have received military-type training from terrorist organizations \nSection 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4) ) is amended by adding at the end the following: (E) Recipient of military-type training \nAny alien who has received military-type training (as defined in section 2339d(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization, as defined in section 212(a)(3)(b)(vi), is deportable.. (e) Retroactive application \nThe amendments made by subsections (b), (c), and (d) shall apply to the receipt of military training occurring before, on, or after the date of the enactment of this Act.", "id": "HD34D404481CB4CE3AD623506A0E0FDC", "header": "Receiving military-type training from a foreign terrorist organization" }, { "text": "2339D. Receiving military-type training from a foreign terrorist organization \n(a) Offense \nWhoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). (b) Extraterritorial jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). (c) Definitions \nAs used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); (2) the term serious bodily injury has the meaning given that term in section 1365(h)(3); (3) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.", "id": "HA667C41B96E249368B6E1BDA5E935017", "header": "Receiving military-type training from a foreign terrorist organization" }, { "text": "3. Providing material support to terrorism \n(a) Additions to offense of providing material support to terrorists \nSection 2339A(a) of title 18, United States Code, is amended— (1) by designating the first sentence as paragraph (1); (2) by designating the second sentence as paragraph (3); (3) by inserting after paragraph (1) as so designated by this subsection the following: (2) (A) Whoever in a circumstance described in subparagraph (B) provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism (as defined in section 2331), or in preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph. (B) The circumstances referred to in subparagraph (A) are any of the following: (i) The offense occurs in or affects interstate or foreign commerce. (ii) The act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States. (iii) The act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (iv) An offender, acting within the United States or outside the territorial jurisdiction of the United States, is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act, an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act , or a stateless person whose habitual residence is in the United States, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (v) An offender, acting within the United States, is an alien, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (vi) An offender, acting outside the territorial jurisdiction of the United States, is an alien and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy of, or affect the conduct of, the Government of the United States. (vii) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph. ; and (4) by inserting act or after underlying. (b) Definitions \nSection 2339A(b) of title 18, United States Code, is amended— (1) by striking In this and inserting (1) In this ; (2) by inserting any property, tangible or intangible, or service, including after means ; (3) by inserting (one or more individuals who may be or include oneself) after personnel ; (4) by inserting and before transportation ; (5) by striking and other physical assets ; and (6) by adding at the end the following: (2) As used in this subsection, the term training means instruction or teaching designed to impart a specific skill, as opposed to general knowledge, and the term expert advice or assistance means advice or assistance derived from scientific, technical or other specialized knowledge.. (c) Addition to offense of providing material support to terrorist organizations \nSection 2339B(a)(1) of title 18, United States Code, is amended— (1) by striking , within the United States or subject to the jurisdiction of the United States, and inserting in a circumstance described in paragraph (2) ; and (2) by adding at the end the following: To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act, or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.. (d) Federal authority \nSection 2339B(d) of title 18 is amended— (1) by inserting (1) before There ; and (2) by adding at the end the following: (2) The circumstances referred to in paragraph (1) are any of the following: (A) An offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act. (B) An offender is a stateless person whose habitual residence is in the United States. (C) After the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States. (D) The offense occurs in whole or in part within the United States. (E) The offense occurs in or affects interstate or foreign commerce. (F) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).. (e) Definition \nParagraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows: (4) the term material support or resources has the same meaning given that term in section 2339A;. (f) Additional provisions \nSection 2339B of title 18, United States Code, is amended by adding at the end the following: (h) Provision of personnel \nNo person may be prosecuted under this section in connection with the term personnel unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with one or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control. (i) Rule of construction \nNothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States..", "id": "H8B4AE068A1E545BD83A56EC06F522100", "header": "Providing material support to terrorism" }, { "text": "4. Financing of terrorism \n(a) Financing terrorism \nSection 2339c(c)(2) of title 18, United States Code, is amended— (1) by striking , resources, or funds and inserting or resources, or any funds or proceeds of such funds ; (2) in subparagraph (A), by striking were provided and inserting are to be provided, or knowing that the support or resources were provided, ; and (3) in subparagraph (B)— (A) by striking or any proceeds of such funds ; and (B) by striking were provided or collected and inserting are to be provided or collected, or knowing that the funds were provided or collected,. (b) Definitions \nSection 2339c(e) of title 18, United States Code, is amended— (1) by striking and at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: (13) the term material support or resources has the same meaning given that term in section 2339B(g)(4) of this title; and.", "id": "H4837594E897B45BDB5577400005FA27D", "header": "Financing of terrorism" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Working Families Access to Justice Act of 2004.", "id": "H52A4BD64E5C342F49936208EA5338B11", "header": "Short title" }, { "text": "2. Amendment to National Labor Relations Act \nThe National Labor Relations Act (29 U.S.C. 151 and following) is amended by adding at the end the following: 20. Awards of attorneys’ fees and costs \n(a) Administrative proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term adversary adjudication has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. (b) Court proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust..", "id": "H96AA3461397B4EBA8E18F4834CBEC7B0", "header": "Amendment to National Labor Relations Act" }, { "text": "20. Awards of attorneys’ fees and costs \n(a) Administrative proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term adversary adjudication has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. (b) Court proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.", "id": "H533A594B18764B5DAC62DB99B967A6C", "header": "Awards of attorneys’ fees and costs" }, { "text": "3. Applicability \n(a) Agency proceedings \nSubsection (a) of section 20 of the National Labor Relations Act, as added by section 2 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court proceedings \nSubsection (b) of section 20 of the National Labor Relations Act, as added by section 2 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act.", "id": "HBA513193545F42DABCDCBC9125A790C6", "header": "Applicability" } ]

[ { "text": "That the Congress disapproves the rule submitted by the Comptroller of the Currency relating to bank activities and regulations, published at 69 Fed. Reg. 1904 (2004), and such rule shall have no force or effect.", "id": "H20ECAD9C2A6E4F6185BEC270E6264862", "header": null } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Research Review Act of 2004.", "id": "H1003CC266E9D45FA828585AD1483CA50", "header": "Short title" }, { "text": "2. Multi-disciplinary research team and consortia report \n(a) In general \nThe Secretary of Health and Human Services (referred to in this Act as the Secretary ), in coordination with the Director of the National Institutes of Health, shall prepare a report outlining the methods by which the Roadmap for Medical Research, an initiative of such Institutes, has advanced the use of multidisciplinary research teams and consortia of research institutions to advance treatments, develop new therapies, and collaborate on clinical trials, including with respect to spinal cord injury and paralysis research. (b) Report \nNot later than February 1, 2005, the Secretary shall submit the report under subsection (a) to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H0E09E8440BC0410F86C634748D823EC5", "header": "Multi-disciplinary research team and consortia report" }, { "text": "3. Epidemiological study report \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall prepare a report outlining the epidemiological studies currently underway at such Centers, future planned studies, the criteria involved in determining what epidemiological studies to conduct, defer, or suspend, and the scope of those studies, including with respect to the inflammatory bowel disease epidemiological study. The report shall include a description of the activities the Centers for Disease Control and Prevention undertakes to establish partnerships with research and patient advocacy communities to expand epidemiological studies. (b) Report \nNot later than February 1, 2005, the Secretary shall submit the report under subsection (a) to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "HDC9F75075ACA4079A2792C6FB9D03316", "header": "Epidemiological study report" }, { "text": "4. Study by Government Accountability Office on Medicare and Medicaid Coverage Standards \n(a) In general \nThe Comptroller General of the United States shall conduct a study on the coverage standards that, under the programs under titles XVIII and XIX of the Social Security Act (commonly known as Medicare and Medicaid, respectively), apply to patients with inflammatory bowel disease for the following therapies: (1) Parenteral nutrition. (2) Enteral nutrition formula. (3) Medically necessary food products. (4) Ostomy supplies. (5) Therapies approved by the Food and Drug Administration for Crohn's disease and ulcerative colitis. (b) Content \nThe study under subsection (a) shall take into account the appropriate outpatient or home health care delivery settings. (c) Report \nNot later than six months after the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report describing the findings of the study under subsection (a).", "id": "H79B17891C29A4350AC1D4B578806DA43", "header": "Study by Government Accountability Office on Medicare and Medicaid Coverage Standards" }, { "text": "5. Study by Government Accountability Office involving disability insurance \n(a) In general \nThe Comptroller General of the United States shall conduct a study of the problems patients encounter when applying for disability insurance benefits under title II of the Social Security Act. The study shall include recommendations for improving the application process for patients with inflammatory bowel disease. (b) Report \nNot later than six months after the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report describing the findings of the study under subsection (a).", "id": "H600AA57576414539B09D7D9E3E4792B9", "header": "Study by Government Accountability Office involving disability insurance" } ]

[ { "text": "1. Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005 \n(a) Across-the-board rescissions \nThere is hereby rescinded an amount equal to 1 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account. (b) Non-defense, Non-homeland-security discretionary account \nFor purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act. (c) Proportionate application \nAny rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws \nIn the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report \nWithin 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).", "id": "HADAB455689494E8984DC679D6EA7FC4E", "header": "Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the 9/11 Commission Recommendations Implementation Act of 2004. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Title I—Unity of Effort in the Intelligence Community Subtitle A—National Intelligence Director Sec. 101. Establishment of the National Intelligence Director Sec. 102. Duties of the National Intelligence Director Sec. 103. Management of the national intelligence program Sec. 104. Authority of the National Intelligence Director over matters relating to budget Sec. 105. Authority of the National Intelligence Director over matters relating to personnel Sec. 106. Additional authorities Sec. 107. Resolution of agency priority differences Sec. 108. Definitions Subtitle B—Improvements for the Central Intelligence Agency Sec. 111. Improvement of analysis and collection of foreign intelligence Sec. 112. Direction of clandestine or covert paramilitary operations by the Department of Defense Title II—Unity of effort across the foreign-domestic divide Sec. 201. National Counterterrorism Center Sec. 202. Head of the National Counterterrorism Center Sec. 203. Duties Sec. 204. Distinct intelligence function Sec. 205. Operations Sec. 206. Prohibition on policymaking Title III—Attack Terrorists and Their Organizations and Prevent the Continued Growth of Islamist Terrorism Subtitle A—Attack Terrorists and Their Organizations Sec. 301. Identification and prioritization of terrorist sanctuaries throughout the world Sec. 302. Assistance to support efforts of the Government of Pakistan to fight extremists Sec. 303. Assistance to achieve security and stability in Afghanistan Sec. 304. Declaration of policy relating to relations between the United States and Saudi Arabia Subtitle B—Prevent the Continued Growth of Islamist Terrorism Sec. 311. Programs to enhance a positive image of the United States in Muslim countries Sec. 312. Sense of Congress relating to relations with governments of Muslim countries that violate human rights and the rule of law Sec. 313. United States information and educational and cultural exchange programs in Muslim countries Sec. 314. International Youth Opportunity Fund Sec. 315. Economic policies to encourage development, more open societies, and opportunities in Muslim countries Sec. 316. Comprehensive coalition strategy against Islamist terrorism Sec. 317. New principles for detention and humane treatment of captured terrorists Subtitle C—Additional Counterterrorism Efforts Sec. 321. Prevention of proliferation of weapons of mass destruction Sec. 322. Tracking terrorist financing Title IV—Protection against and preparation for terrorist attacks Sec. 401. Integration of border security system with other screening sites Sec. 402. Biometric entry-exit screening system Sec. 403. Sense of Congress regarding international cooperation regarding border crossings Sec. 404. Securing identification documents Sec. 405. Targeting terrorist travel Sec. 406. Allocation of limited transportation security resources Sec. 407. Aviation screening Sec. 408. Enhanced explosives detection Title V—Information sharing and protection of civil liberties Sec. 501. Information sharing Sec. 502. Board to oversee adherence to civil liberties principles Title VI—Setting priorities for national preparedness Sec. 601. Homeland Security Assistance Sec. 602. Regulations requiring adoption of Incident Command System and unified command procedures Sec. 603. Federal Communications Commission requirements Sec. 604. Private Sector Emergency Preparedness Title VII—Unity of effort in sharing information Sec. 701. Unity of effort in sharing information Title VIII—Unity of effort in congress Sec. 801. Appropriations for intelligence Sec. 802. Establishment of either a Joint Committee on Intelligence or a standing Committee on Intelligence in each House of Congress Sec. 803. Oversight of homeland security Sec. 804. Executive appointments Title IX—Organizing America's defense in the United States Sec. 901. Establishment of a specialized and integrated national security workforce at the Federal Bureau of Investigation Sec. 902. Regular readiness assessments", "id": "H782D1654B8714F2DAE5EAAD7FDEF6C41", "header": "Short title; table of contents" }, { "text": "101. Establishment of the National Intelligence Director \n(a) Establishment \nThere is in the Executive Office of the President a National Intelligence Director. (b) Principal advisor to the President on Intelligence matters \nThe National Intelligence Director shall act as the principal adviser to the President for intelligence matters related to the national security. (c) Appointment \nThe National Intelligence Director shall be appointed by the President, by and with the advice and consent of the Senate. (d) Testimony to Congress \nThe National Intelligence Director shall testify before Congress.", "id": "H456F818DA230415A00908FBB86572D63", "header": "Establishment of the National Intelligence Director" }, { "text": "102. Duties of the National Intelligence Director \nNotwithstanding any other provision of law, the National Intelligence Director shall carry out the following duties: (1) Manage the national intelligence program. (2) Oversee national intelligence centers. (3) Oversee the national intelligence agencies. (4) Support the President, the heads of departments and agencies of the executive branch, the Chairman of the Joint Chiefs of Staff, and senior military commanders. (5) Establish information sharing and information technology policies to maximize data sharing, as well as policies to protect the security of information. (6) Such other duties as the President may prescribe.", "id": "HD621BF858F734CB6A5425F86093DF2D0", "header": "Duties of the National Intelligence Director" }, { "text": "103. Management of the national intelligence program \n(a) In general \nNotwithstanding any other provision of law, the National Intelligence Director shall manage the national intelligence program with the following three deputies: (1) The Director of the Central Intelligence Agency, with respect to foreign intelligence. (2) The Under Secretary of Defense for Intelligence, with respect to military intelligence. (3) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, with respect to domestic intelligence. (b) Duties with respect to national intelligence center operations \nEach official specified in subsection (a), within the respective area of intelligence, shall acquire systems and train personnel to execute the operations assigned to the official. (c) Coordination of agencies of the intelligence community \nEach national intelligence agency shall coordinate functions of the agency with the appropriate area of intelligence specified in subsection (a). (d) National intelligence center reporting requirement \nDirectors of national intelligence centers shall report directly to the National Intelligence Director. (e) Construction \nNothing in this Act shall be construed as modifying the authority or duty of the Secretary of Defense to carry out the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program.", "id": "H395F7E4177324E7CB68D4F642214A81E", "header": "Management of the national intelligence program" }, { "text": "104. Authority of the National Intelligence Director over matters relating to budget \nNotwithstanding any other provision of law, the National Intelligence Director shall have the following authorities over matters relating to the budget of the national intelligence program: (1) Development of unified intelligence budget \nThe National Intelligence Director shall prepare annual unified budgets for the national intelligence program for inclusion in the budget submission of the President under title 31, United States Code, that reflect— (A) priorities of the National Security Council, and (B) an appropriate balance among the varieties of technical and human intelligence collection methods and analysis. (2) Appropriations \nAppropriations for any fiscal year for the national intelligence program shall be made to the National Intelligence Director. The National Intelligence Director shall provide for the allocation of amounts so appropriated among the national intelligence agencies. (3) Reprogramming \nThe National Intelligence Director may reprogram funds appropriated for the national intelligence program to meet any unforeseen priority.", "id": "HD8E37362DB8946488BD3D48511CAC900", "header": "Authority of the National Intelligence Director over matters relating to budget" }, { "text": "105. Authority of the National Intelligence Director over matters relating to personnel \nNotwithstanding any other provision of law, the National Intelligence Director shall have the following authorities and duties with respect to matters relating to the personnel of national intelligence agencies. (1) Personnel policies \nThe National Intelligence Director shall put into effect personnel policies to establish standards for education and training of officers and employees of national intelligence agencies and to facilitate assignments of those officers and employees at national intelligence centers and across national intelligence agencies. (2) Employment and termination authority \nThe National Intelligence Director may employ such individuals in senior positions within the national intelligence program as the Director determines to be appropriate. The National Intelligence Director may terminate the employment of any senior officer or employee of a national intelligence agency whenever the Director deems such termination necessary or advisable in the interests of the United States. (3) Appointment of officials responsible for intelligence-related activities \n(A) In the event of a vacancy in a position referred to in subparagraph (B), the National Intelligence Director shall approve and recommend to the President individuals to fill the following positions. (B) Subparagraph (A) applies to the following positions: (i) The Director of the Central Intelligence Agency. (ii) The Under Secretary of Defense for Intelligence. (iii) The Director of the Defense Intelligence Agency. (iv) The Director of the National Security Agency. (v) The Director of the National Reconnaissance Office. (vi) The Director of the National Geospatial-Intelligence Agency. (vii) The Under Secretary for Information Analysis and Infrastructure Protection of the Department of Homeland Security. (viii) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation. (ix) The head of any other entity with national intelligence capabilities.", "id": "H4DCCBA1DEA6540E1B86196F52FF1DB2F", "header": "Authority of the National Intelligence Director over matters relating to personnel" }, { "text": "106. Additional authorities \n(a) In general \nThe National Intelligence Director shall have the authority vested in the Director of Central Intelligence in the National Security Act of 1947 ( 50 U.S.C. 401 et seq. ) in the capacity of the Director of Central Intelligence as the head of the intelligence community. (b) References \nAny reference to the Director of Central Intelligence as the head of the intelligence community, or as the principal advisor to the President for intelligence matters related to the national security, in the National Security Act of 1947 ( 50 U.S.C. 401 et seq. ) is deemed a reference to the National Intelligence Director.", "id": "H1C8E36CEBA59450B9E8278D36DC83805", "header": "Additional authorities" }, { "text": "107. Resolution of agency priority differences \n(a) Establishment of NSC executive committee \nThere is established in the National Security Council an executive committee for the resolution of differences in priorities among national intelligence agencies. Insofar as the executive committee is unable to resolve a priority difference, the President shall resolve the priority difference. (b) Membership of the National Intelligence Director \nThe National Intelligence Director shall be a member of the executive committee established under subsection (a).", "id": "H401E1FE197674C948200C0277C5F22A", "header": "Resolution of agency priority differences" }, { "text": "108. Definitions \nIn this subtitle: (1) National intelligence program \nThe term national intelligence program means a program of foreign, military, and domestic intelligence related to the national security under the oversight of the National Intelligence Director. (2) National intelligence center \nThe term national intelligence center means a center established by the National Intelligence Director to provide all-source analysis and plan intelligence operations for the Federal government on specific subjects of interest, such as counterterrorism, counterproliferation, counternarcotics, and counterintelligence.", "id": "H6ECEF66F4D7C4EDD80763DA0C911EA15", "header": "Definitions" }, { "text": "111. Improvement of analysis and collection of foreign intelligence \nThe Director of the Central Intelligence Agency shall— (1) rebuild the analytic capabilities of the Central Intelligence Agency; (2) transform the clandestine service by building the human intelligence capabilities of the clandestine service; (3) develop a stronger foreign language program, with high standards and sufficient financial incentives; (4) renew emphasis on recruiting diversity among operations officers so those officers may blend more easily in foreign cities; (5) ensure a seamless relationship between human source collection and signals collection at the operational level; and (6) stress a better balance between unilateral and liaison operations.", "id": "H2892809D2175496BA73E571237BF2D30", "header": "Improvement of analysis and collection of foreign intelligence" }, { "text": "112. Direction of clandestine or covert paramilitary operations by the Department of Defense \n(a) In general \nThe Secretary of Defense shall have lead responsibility for directing and executing paramilitary operations, whether clandestine or covert. (b) Consolidation With USSOCOM \nThe Secretary shall consolidate responsibility within the Department of Defense for clandestine or covert paramilitary operations with the capabilities for training, direction, and execution of such operations developed in the United States Special Operations Command.", "id": "H55A9736C79774B2AA64C7EC39261C6B1", "header": "Direction of clandestine or covert paramilitary operations by the Department of Defense" }, { "text": "201. National Counterterrorism Center \n(a) Establishment \nThere is established a National Counterterrorism Center built on the foundation of the Terrorist Threat Integration Center. (b) Mission \nThe National Counterterrorism Center shall be a center for joint operational planning and joint intelligence against transnational terrorist organizations. (c) Personnel \nThe National Counterterrorism Center shall be staffed by personnel from the various agencies. The head of the National Counterterrorism Center may evaluate the performance of the personnel assigned to the Center.", "id": "H24D6314570D9449981C074FB8B25FD4", "header": "National Counterterrorism Center" }, { "text": "202. Head of the National Counterterrorism Center \n(a) Appointment \nThe head of the National Counterterrorism Center shall be appointed by the President, by and with the advice and consent of the Senate, and shall be placed in the Executive Office of the President. (b) Rank \nThe head of the National Counterterrorism Center shall be equivalent in rank to a deputy head of a cabinet department. (c) Relationship to National Intelligence Director \nThe head of the National Counterterrorism Center shall report to the National Intelligence Director. (d) Testimony to Congress \nThe head of the National Counterterrorism Center shall testify before Congress. (e) Concurrence in certain appointments \nThe head of the National Counterterrorism Center shall concur in the choices of personnel to lead the operating entities of the agencies and departments of the United States focused on counterterrorism, specifically including— (1) the head of the Counterterrorist Center of the Central Intelligence Agency, (2) the head of the Counterterrorism Division of the Federal Bureau of Investigation, (3) the commanders of the Special Operations Command and Northern Command of the Department of Defense, and (4) the coordinator for counterterrorism of the Department of State. (f) Development of counterterrorism budget \nThe head of the National Counterterrorism Center shall work with the Director of the Office of Management and Budget in developing the counterterrorism budget of the President.", "id": "HCA50CFB1530E4F1CA7E444C940F55F7B", "header": "Head of the National Counterterrorism Center" }, { "text": "203. Duties \n(a) Lead agency for transnational terrorist analysis \nThe National Counterterrorism Center shall lead strategic analysis, pooling all-source intelligence, foreign and domestic, about transnational terrorist organizations with global reach. (b) Assessments \nDrawing on the efforts of the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and other agencies and departments of the United States, the National Counterterrorism Center shall develop net assessments that compare enemy capabilities and intentions against defenses and countermeasures of the United States. (c) Warning \nThe National Counterterrorism Center shall provide warning. (d) Tasking of collection requirements \nThe National Counterterrorism Center shall task collection requirements for counterterrorism both inside and outside the United States.", "id": "H504EAAE4EC8848C19208BC3396191EF6", "header": "Duties" }, { "text": "204. Distinct intelligence function \nBuilding on the structure of the Terrorist Threat Integration Center, the intelligence function of the National Counterterrorism Center shall be a distinct national intelligence center within the National Counterterrorism Center.", "id": "H6445102FC29F409587D4745FD6FE01E", "header": "Distinct intelligence function" }, { "text": "205. Operations \n(a) Joint planning \nThe National Counterterrorism Center shall perform joint planning. Plans developed by the National Counterterrorism Center shall assign operational responsibilities to lead agencies, such as the Department of State, the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Defense and its combatant commands, the Department of Homeland Security, and other agencies and departments of the United States. (b) Monitoring and updating of plans \nThe National Counterterrorism Center may not direct the actual execution of operational responsibilities assigned to agencies under subsection (a). The National Counterterrorism Center shall— (1) monitor implementation of the operations; (2) look across the foreign-domestic divide and across agency boundaries; and (3) update plans to follow through on cases.", "id": "HF003F36A8424466AB132A4698605C214", "header": "Operations" }, { "text": "206. Prohibition on policymaking \n(a) In general \nThe National Counterterrorism Center shall not— (1) be a policymaking body; nor (2) resolve policy disputes among agencies and departments of the United States. (b) Execution of the policy of the President \nThe operations and planning of the National Counterterrorism Center shall follow the policy direction of the president and the National Security Council.", "id": "H3F47CA39719543EF98232B8587FD0464", "header": "Prohibition on policymaking" }, { "text": "301. Identification and prioritization of terrorist sanctuaries throughout the world \n(a) Identification and Prioritization \nThe President shall direct the head of each appropriate Federal department or agency to identify and prioritize actual or potential terrorist sanctuaries throughout the world. (b) Strategy \nWith respect to each terrorist sanctuary identified pursuant to subsection (a), the President shall ensure that a realistic national strategy is established to destabilize the sanctuary to the maximum extent possible. Each such strategy shall be developed in consultation and coordination with friendly foreign countries and international organizations.", "id": "H2F859677A35E47C883CD592659541F09", "header": "Identification and prioritization of terrorist sanctuaries throughout the world" }, { "text": "302. Assistance to support efforts of the Government of Pakistan to fight extremists \n(a) Sense of Congress \nIt is the sense of Congress that, if President Pervez Musharraf and other leaders of Pakistan remain willing to make their own difficult choices and stand for enlightened moderation in a fight for their lives and for the life of their country, the United States should be willing to make hard choices too, and make the difficult long-term commitment to the future of Pakistan. (b) Assistance \nThe President is authorized to provide assistance, on such terms and conditions as the President may determine, to support the Government of Pakistan in its struggle against extremists. The President shall ensure that assistance provided under this subsection is part of a comprehensive effort by the United States to provide increased military assistance and economic and development assistance (including assistance for education reform) in Pakistan.", "id": "HCA85210473BC4C1D000750451FE49620", "header": "Assistance to support efforts of the Government of Pakistan to fight extremists" }, { "text": "303. Assistance to achieve security and stability in Afghanistan \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the United States Government should be commended for its efforts to date in Afghanistan; (2) the United States and the international community should make a long-term commitment to achieve security and stability in Afghanistan in order to give the Government of Afghanistan a reasonable opportunity to improve the life of the Afghan people; and (3) Afghanistan should not be allowed to become a sanctuary again for international crime and terrorism. (b) Assistance \nThe President is authorized to provide assistance, on such terms and conditions as the President may determine, to the Government of Afghanistan to allow that Government to extend its authority over the country. In providing assistance under this subsection, the President shall coordinate with foreign countries and international organizations, including by seeking to establish a strategy and country-by-country commitments to achieve the objectives for which the assistance is provided.", "id": "HE08A40BAECE14AB3B75B57ABCE5CA32F", "header": "Assistance to achieve security and stability in Afghanistan" }, { "text": "304. Declaration of policy relating to relations between the United States and Saudi Arabia \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the current problems in the relationship between the United States and Saudi Arabia should be confronted in an open and transparent manner; and (2) the United States and Saudi Arabia should work together to determine if they can build a relationship that political leaders in both countries are prepared to publicly defend and that is based on mutual interests other than the oil production capability of Saudi Arabia. (b) Declaration of Policy \nIt shall be the policy of the United States Government to ensure that the relationship between the United States and Saudi Arabia includes a shared commitment to political and economic reform in Saudi Arabia and a shared interest in greater tolerance and cultural respect in Saudi Arabia, translating into a commitment by the Government of Saudi Arabia to fight violent extremists who foment hatred.", "id": "HEF73A845CBFA4B59841C6E8087F007F0", "header": "Declaration of policy relating to relations between the United States and Saudi Arabia" }, { "text": "311. Programs to enhance a positive image of the United States in Muslim countries \n(a) Findings \nCongress finds that— (1) opinions of the United States in Muslim countries are significantly distorted by highly negative and hostile beliefs and images and many of these beliefs and images are the result of misinformation and propaganda by individuals and organizations hostile to the United States; (2) these negative opinions and images are highly prejudicial to the interests of the United States and to its foreign policy; and (3) as part of a broad and long-term effort to enhance a positive image of the United States in Muslim countries, programs should be established to promote greater familiarity with American society and values among the general public and select audiences in Muslim countries. (b) Programs \nThe Secretary of State shall establish programs to promote greater familiarity with American society and values among the general public and select audiences in Muslim countries. In carrying out such programs, the Secretary of State shall ensure that the United States Government presents a clearly defined message to the people of these countries, offers an example of moral leadership in the world, commits to treat people humanely, abides by the rule of law, and is generous and caring to our neighbors.", "id": "H34A7103A86874038B8F8739FD3D5F4A7", "header": "Programs to enhance a positive image of the United States in Muslim countries" }, { "text": "312. Sense of Congress relating to relations with governments of Muslim countries that violate human rights and the rule of law \nIt is the sense of Congress that the United States Government— (1) should reevaluate its relationship with the governments of Muslim countries, including such governments that are friends or allies of the United States, if those governments violate or otherwise do not respect internationally recognized human rights or the rule of law; and (2) should consider taking appropriate measures against governments described in paragraph (1), including by withdrawing diplomatic relations with such governments.", "id": "H3B2BBC8F3284473596B9EAAA6957E2E6", "header": "Sense of Congress relating to relations with governments of Muslim countries that violate human rights and the rule of law" }, { "text": "313. United States information and educational and cultural exchange programs in Muslim countries \n(a) Findings \nCongress finds the following: (1) As in the Cold War, the United States needs to defend its ideals abroad vigorously. Often, the United States does not stand up for its values. (2) The United States defended, and still defends, Muslims against tyrants and criminals in Somalia, Bosnia and Herzegovina, Kosovo, Afghanistan, and Iraq. (3) If the United States does not act aggressively to define itself in Muslim countries, extremists will gladly do the job for us. (b) Broadcasting to Muslim Countries \nThere are authorized to be appropriated to carry out United States Government radio, television, and other communications activities to Muslim countries under the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) and other authorities in law consistent with such purposes, including to make and supervise grants to the Middle East Television Network, including Radio Sawa, such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year. (c) Information and Educational and Cultural Exchange Programs \nIt is the sense of Congress that— (1) United States Government information and educational and cultural exchange programs should be expanded to emphasize and give priority to young people in Muslim countries; and (2) projects and activities carried out under programs described in paragraph (1) should be identified as assistance from the people of the United States.", "id": "H69C65F6F213F404FBE572BEA00BF2C1F", "header": "United States information and educational and cultural exchange programs in Muslim countries" }, { "text": "314. International Youth Opportunity Fund \nCongress strongly urges the President to seek the negotiation of international agreements (or other appropriate arrangements) to support the establishment of an International Youth Opportunity Fund in order to establish and operate primary and secondary schools in Muslim countries that commit to sensibly investing their own funds in public education.", "id": "H0A302917284F416187DFB55133F1B580", "header": "International Youth Opportunity Fund" }, { "text": "315. Economic policies to encourage development, more open societies, and opportunities in Muslim countries \nIt is the sense of Congress that a comprehensive United States strategy to counter terrorism should include economic policies that encourage development, more open societies, and opportunities for people to improve the lives of their families and to enhance prospects for their children’s future in Muslim countries. Such economic policies should include the goal of working toward a Middle East Free Trade Area, or MEFTA, by 2013.", "id": "HA0342BBC826D40B987295057AFEF4C2C", "header": "Economic policies to encourage development, more open societies, and opportunities in Muslim countries" }, { "text": "316. Comprehensive coalition strategy against Islamist terrorism \nCongress strongly urges the President to work with friendly foreign countries and international organizations, such as members of the North Atlantic Treaty Organization (NATO) and the Group of Eight (G–8), to develop a comprehensive coalition strategy against Islamist terrorism. Such a strategy should include the establishment of a flexible contact group of leading coalition governments to discuss and coordinate the most important policies with respect to the coalition strategy, including policies for targeting travel by terrorists and their sanctuaries.", "id": "H247971D75CDA4677BFF3DA70BF46A2E3", "header": "Comprehensive coalition strategy against Islamist terrorism" }, { "text": "317. New principles for detention and humane treatment of captured terrorists \nThe President shall work with friendly foreign countries and international organizations to develop a new set of principles for the detention and humane treatment of captured terrorists. Such principles should be modeled on Article 3 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).", "id": "HBB8239A3577F4FD3B673B599E8E53294", "header": "New principles for detention and humane treatment of captured terrorists" }, { "text": "321. Prevention of proliferation of weapons of mass destruction \nThe President shall take such actions as are necessary to strengthen counterproliferation efforts, expand the Proliferation Security Initiative (announced by the President in May 2003), and support Cooperative Threat Reduction programs. In this section, the term Cooperative Threat Reduction programs means programs specified in section 1501(b) of the National Defense Authorization Act of Fiscal year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note).", "id": "H2136E7DD97164E658D00E869E03B72AE", "header": "Prevention of proliferation of weapons of mass destruction" }, { "text": "322. Tracking terrorist financing \nThe President, acting through the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, the Secretary of State, the Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act), and other appropriate Federal officers, shall continue to take such actions as may be necessary and appropriate to ensure that vigorous efforts continue to track the financing of terrorist organizations and prevent money laundering for the benefit of terrorist organizations, including enforcement of requirements for recordkeeping, identification of customers, and reporting of suspicious activities by financial institutions, under any relevant provision of Federal law, including the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 and the amendments made by such Act.", "id": "H8EA8FF2905DA4E3FB6B9B1CA7F49387B", "header": "Tracking terrorist financing" }, { "text": "401. Integration of border security system with other screening sites \n(a) In General \nThe President shall— (1) direct the Secretary of Homeland Security to lead an effort within the executive branch to integrate the border security systems of the United States into a larger network of Federal security screening sites that includes sites within the transportation system of the United States and sites containing vital national facilities, such as nuclear reactors; and (2) assure that such effort should assess security goals applicable to Federal security screening sites throughout the United States, should address security problems common to all such sites, and should set uniform standards to be applied to all such sites, guaranteeing a balance of security, efficiency, and civil liberties interests. (b) Sense of Congress \nIt is the sense of Congress that extending the standards developed for the United States pursuant to subsection (a)(2) to foreign countries could dramatically strengthen the world’s collective ability to intercept individuals who pose catastrophic threats.", "id": "HAC6BDC86B3564CC38BF365BFA56CFEF5", "header": "Integration of border security system with other screening sites" }, { "text": "402. Biometric entry-exit screening system \nThe Secretary of Homeland Security shall complete, as quickly as possible after the date of the enactment of this Act, a biometric entry and exit screening system for persons entering and departing the United States, including a single system for expedited biometric screening of pre-qualified travelers. Such system should be integrated with the system used to determine whether an alien who is not lawfully admitted for permanent residence should be granted an extension of the alien’s period of authorized stay in the United States.", "id": "H84089A0DD4114EF0890020734800B0B6", "header": "Biometric entry-exit screening system" }, { "text": "403. Sense of Congress regarding international cooperation regarding border crossings \nIt is the sense of the Congress that the Federal Government— (1) cannot meet its obligation to the people of the United States to prevent the entry of terrorists into the United States without collaborating with foreign governments; (2) should do more to exchange information about terrorists with our trusted foreign allies; and (3) should do more to raise the border security standards of the United States, and global border security standards, through international cooperation.", "id": "HFF242A0E81F74C78947DE6E653295F9E", "header": "Sense of Congress regarding international cooperation regarding border crossings" }, { "text": "404. Securing identification documents \nThe President shall submit to Congress a proposal to establish standards for the issuance of birth certificates and identification documents, such as drivers’ licenses, so that they may be made more secure and less susceptible to forgery and fraudulent alteration.", "id": "HC42DF6D1BE6C4568BD8200BB01F4A1B0", "header": "Securing identification documents" }, { "text": "405. Targeting terrorist travel \nThe President shall submit to Congress a proposal to combine terrorist travel intelligence, operations, and law enforcement in a strategy to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility.", "id": "H1807BAF60E2249D9895833D5631B438D", "header": "Targeting terrorist travel" }, { "text": "406. Allocation of limited transportation security resources \n(a) Plan for allocation of transportation resources \nThe Secretary of Homeland Security shall submit to Congress a plan that— (1) identifies and evaluates the transportation assets that need to be protected; (2) sets risk-based priorities for defending such assets; (3) selects the most practical and cost-effective ways of defending such assets; and (4) assigns roles and missions to the relevant authorities (Federal, State, regional, and local) and to private stakeholders, budget, and funding to implement the effort of defending such assets. (b) GAO review of plan \nNot later than 90 days after the date on which the Secretary of Homeland Security submits the plan required under subsection (a), the Comptroller General of the United States shall submit a report to Congress that assesses whether all of the elements of subsection (a) have been adequately addressed under that plan.", "id": "H2B3F3AA812AA4075B1D265A2F4271E4D", "header": "Allocation of limited transportation security resources" }, { "text": "407. Aviation screening \nThe Secretary of Homeland Security shall— (1) implement procedures to improve the use of no-fly and automatic selectee lists, including utilizing a larger set of watchlists maintained by the Federal Government, while a successor to CAPPS continues to be developed; (2) require the the Transportation Security Administration to perform the passenger pre-screening function; and (3) require air carriers to supply the information needed to test and implement an enhanced passenger pre-screening system.", "id": "HB36D091AD2AC41CF82DDA4EF81081C55", "header": "Aviation screening" }, { "text": "408. Enhanced explosives detection \nThe President shall submit to Congress a proposal that— (1) requires the Transportation Security Administration to give priority attention to improving the ability of screening checkpoints to detect explosives on passengers; (2) in the case of a passenger selected for special screening, requires the passenger to be screened for explosives; and (3) requires a study by the Transportation Security Administration on human factors to understand problems in screener performance and requires attainable objectives for individual screeners and for the checkpoints where screening takes place.", "id": "HD12F38028D3942D68D2B012DD852A190", "header": "Enhanced explosives detection" }, { "text": "501. Information sharing \nThe President shall determine the guidelines for acquiring, accessing, using, and sharing of information about individuals among Federal, State, and local government agencies, and by those agencies with the private sector, for purposes of protecting national security, in a manner that protects the privacy and civil liberties of those individuals.", "id": "HE4D6B69CAFEC45BF8BE3250000CF3816", "header": " Information sharing" }, { "text": "502. Board to oversee adherence to civil liberties principles \nThe President shall establish within the executive branch a board to oversee adherence to— (1) the guidelines established by the President under this Act for the sharing of information among government agencies and by those agencies with the private sector; and (2) the commitment the Government makes to defend civil liberties.", "id": "H32D6D0621667425F915EED4F0A20097", "header": "Board to oversee adherence to civil liberties principles" }, { "text": "601. Homeland Security Assistance \nIt is the sense of Congress that— (1) homeland security assistance should be based strictly on an assessment of risks and vulnerabilities; and (2) homeland security assistance should not remain a program for general revenue sharing and should supplement State and local resources based on the risks or vulnerabilities that merit additional support.", "id": "H185353A6CE594DF999504E8EA916538D", "header": "Homeland Security Assistance" }, { "text": "602. Regulations requiring adoption of Incident Command System and unified command procedures \nThe Secretary of Homeland Security shall issue regulations that require that all emergency response agencies in the United States shall adopt the Incident Command System and unified command procedures.", "id": "H081B301C15C246BC9BCBB2D1BE004B3C", "header": "Regulations requiring adoption of Incident Command System and unified command procedures" }, { "text": "603. Federal Communications Commission requirements \n(a) Prevention of delay in reassignment of 24 megahertz for public safety purposes \nSection 309(j)(14) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(14) ) is amended by adding at the end the following new subparagraph: (D) Extensions not permitted for channels (63, 64, 68 and 69) reassigned for public safety services \nNotwithstanding subparagraph (B), the Commission shall not grant any extension under such subparagraph from the limitation of subparagraph (A) with respect to the frequencies assigned, pursuant to section 337(a)(1), for public safety services. The Commission shall take all actions necessary to complete assignment of the electromagnetic spectrum between 764 and 776 megahertz, inclusive, and between 794 and 806 megahertz, inclusive, for public safety services and to permit operations by public safety services on those frequencies commencing no later than January 1, 2007.. (b) Sense of Congress \nIt is the sense of Congress that— (1) high-risk urban areas such as New York City and Washington, D.C., should establish signal corps units to ensure communications connectivity between and among civilian authorities, local first responders, and the National Guard; and (2) Federal funding of such units should be given high priority by Congress.", "id": "H7E3137E9CA054251B029C8331837EF19", "header": "Federal Communications Commission requirements" }, { "text": "604. Private Sector Emergency Preparedness \n(a) Adoption of Standard For Private Sector Emergency Preparedness \nThe Secretary of Homeland Security shall consult with the American National Standards Institute in the development of the standards to promote private sector emergency preparedness and shall promote the adoption of such standards by institutions and industries in the private sector. (b) Insurance and Credit-Rating Agencies \nIt is the sense of the Congress that— (1) insurance companies and credit-rating agencies should consider the extent to which any business applicant for insurance or credit is in compliance with any applicable standard established by the American National Standards Institute to promote private sector emergency preparedness in considering such application; and (2) the standard of care owed by any company to its employees and the public should include compliance by such company with any applicable standard established by the American National Standards Institute to promote private sector emergency preparedness.", "id": "H8592DF9FDB804A37AE5915316E55BF69", "header": "Private Sector Emergency Preparedness" }, { "text": "701. Unity of effort in sharing information \nThe President shall submit to Congress a proposal that— (1) provides incentives to executive agencies to establish procedures for the sharing and security of information, that restores a better balance between security and shared knowledge; (2) establishes a Government-wide effort lead by the President to bring the major national security institutions into the information revolution; and (3) coordinates the resolution of the legal, policy, and technical issues associated with information sharing across agencies to create a trusted information network.", "id": "HD7B627A478984A978767404200E79D67", "header": "Unity of effort in sharing information" }, { "text": "801. Appropriations for intelligence \n(a) Single appropriation bill for intelligence \nThe House of Representatives and the Senate should each pass a single general appropriation bill for intelligence containing an unclassified figure that constitutes the aggregate amount appropriated for intelligence. (b) Public hearings \nThe Committees on Appropriations of the Senate and House of Representatives should hold public hearings regarding the aggregate amount appropriated for intelligence.", "id": "HE14B737CC5664DF69D30061D008E6E3B", "header": "Appropriations for intelligence" }, { "text": "802. Establishment of either a Joint Committee on Intelligence or a standing Committee on Intelligence in each House of Congress \nAs an exercise of their rulemaking powers, the House of Representatives and the Senate shall review the functions and responsibilities of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives and establish either a Joint Committee on Intelligence (modeled after the Joint Committee on Atomic Energy), or a single standing committee in each House of Congress that would authorize and appropriate funds for intelligence and counterterrorism and conduct oversight over such measures and matters.", "id": "H8D86224D65C1411D9E8166C8F802449", "header": "Establishment of either a Joint Committee on Intelligence or a standing Committee on Intelligence in each House of Congress" }, { "text": "803. Oversight of homeland security \nAs an exercise of their rulemaking powers, the House of Representatives and the Senate shall each determine how to provide a single, principal point of oversight for homeland security, which shall exercise such jurisdiction as each house shall determine, and which shall employ a nonpartisan staff.", "id": "H7FBCF403CC164454B63EC3D1FA68962", "header": "Oversight of homeland security" }, { "text": "804. Executive appointments \nIt is the sense of Congress that the President and Congress should take steps to minimize, to the extent possible, the disruption of national security policymaking during a change of presidential administrations by accelerating the process for national security appointments that require the advice and consent of the Senate in order for transitions from one President to the next to proceed more effectively and to allow new officials to assume their new responsibilities as quickly as possible.", "id": "H4A8C679CEC2B4E79AAA82B7810862E8C", "header": "Executive appointments" }, { "text": "901. Establishment of a specialized and integrated national security workforce at the Federal Bureau of Investigation \nThe President shall direct the Attorney General to take such steps as may be necessary to establish a specialized and integrated national security workforce at the Federal Bureau of Investigation. Such workforce shall consist of agents, analysts, linguists, and surveillance specialists who shall be recruited, trained, and compensated in a manner consistent with ensuring the development and retention of an institutional culture having expertise in intelligence and national security matters.", "id": "H7F701CA55A934C1D84A91F9DD73945C3", "header": "Establishment of a specialized and integrated national security workforce at the Federal Bureau of Investigation" }, { "text": "902. Regular readiness assessments \n(a) Department of Defense \nThe Secretary of Defense shall regularly assess the adequacy of strategies and planning of the United States Northern Command to defend the United States against military threats to the homeland. (b) Department of Homeland Security \nThe Secretary of Homeland Security shall regularly assess the types of threats the Nation faces to determine— (1) the adequacy of the Government’s plans, and the progress against those plans, to protect the Nation’s critical infrastructure; and (2) the readiness of the Government to respond to the threats that the United States might face. (c) Congressional oversight committees \nThe congressional committees with responsibility for oversight of the Department of Defense should regularly assess the matters referred to in subsection (a). The congressional committees with responsibility for oversight of the Department of Homeland Security should regularly assess the matters referred to in subsection (b).", "id": "H1EE2821A3BF84FEB814C6923FFCBA8A0", "header": "Regular readiness assessments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Higher Education Extension Act of 2004.", "id": "H22694EEEF80748AE93FF33553D4B6CB8", "header": "Short title" }, { "text": "2. Extension of programs \n(a) Extension of duration to include fiscal year 2005 \nThe authorization of appropriations for, and the duration of, each program authorized under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) shall be extended through fiscal year 2005. (b) Performance of required and authorized functions \nIf the Secretary of Education, a State, an institution of higher education, a guaranty agency, a lender, or another person or entity— (1) is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments shall be required to be carried out, made, or continued during the period of the extension under this section; or (2) is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments are permitted or authorized to be carried out, made, or continued during the period of the extension under this section. (c) Extension at current levels \nThe amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. The amount of any payment required or authorized under subsection (b) in or for fiscal year 2005 shall be determined in the same manner as the amount of the corresponding payment required or authorized in or for fiscal year 2004. (d) Advisory committees and other entities continued \nAny advisory committee, interagency organization, or other entity that was, during fiscal year 2004, authorized or required to perform any function under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), or in relation to programs under that Act, shall continue to exist and is authorized or required, respectively, to perform such function during fiscal year 2005. (e) Additional extension not permitted \nSection 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the authorization of appropriations for any program described in subsection (a) on the basis of the extension of such program under this section. (f) Exception \nThe programs described in subsection (a) for which the authorization of appropriations, or the duration of which, is extended by this section include provisions applicable to institutions in, and students in or from, the Freely Associated States, except that those provisions shall be applicable with respect to institutions in, and students in or from, the Federated States of Micronesia and the Republic of the Marshall Islands only to the extent specified in Public Law 108–188.", "id": "H7A31C653E3774CC582526648F43B575F", "header": "Extension of programs" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Emergency Relief for Caribbean Nationals Act.", "id": "H8AD347FF8A67432E933341F10025D3AE", "header": "Short Title" }, { "text": "2. Findings \nCongress finds the following: (1) Haiti, Grenada, and the Cayman Islands have been severely devastated by Tropical Storm Jeanne and Hurricane Ivan. (2) On September 16, 2004, Tropical Storm Jeanne struck the Dominican Republic and Haiti. (3) In Haiti, more than 1,500 people are known dead while more than 1,000 people are missing as a result of Tropical Storm Jeanne. (4) After visiting the stricken northern city of Gonoies, Haiti, Prime Minister Gerard Latortue stated We have a problem with bodies: there is a risk of epidemic. If you can picture this: there is no electricity, the morgues are not working, there is water everywhere.. (5) A United Nations spokesman stated that the corpses of victims of Tropical Storm Jeanne in Haiti had to be buried in mass graves as soon as possible to stop disease from spreading. (6) Dieufort Deslorges, spokesman for the civil protection agency of Haiti, stated that 250,000 people were homeless across the country and at least 4,000 homes were destroyed with thousands more damaged as a result of the storm. (7) When Tropical Storm Jeanne hit, Haiti was already struggling to deal with political instability and the aftermath of serious floods that occurred in May 2004. (8) Hurricane Ivan killed 39 people in Grenada and left 40,000 of its 90,000 inhabitants living in a few hundred houses, schools, and churches that have been converted into shelters. (9) Prime Minister of Grenada Keith Mitchell, whose official residence was destroyed by Hurricane Ivan, declared a national disaster and stated that the island was 90 percent devastated. (10) Hurricane Ivan struck St. George, the capital of Grenada, with 125 mile per hour winds that flattened homes, disrupted power, damaged the main hospital, and destroyed the emergency operations center, the main prison, and many schools. (11) On September 15, 2004, electrical engineers funded by the Office of United States Foreign Disaster Assistance of the United States Agency for International Development assessed damage across Grenada and estimated that 85 to 90 percent of the electricity systems on the west and north coasts of Grenada had been destroyed. (12) In Grenada, an environmental health hazard has arisen as runoff, which contains pathogens from several sources including human waste, is contaminating rivers where people wash and bathe. (13) As of September 10, 2004, there were widespread reports of looting in Grenada. American students at St. George’s University in Grenada told the Associated Press news agency that they felt unsafe and had armed themselves against looters with knives, sticks, and pepper spray. (14) Grenada may need as much as $2,200,000,000, or four times its annual economic output, to rebuild after the devastation caused by Hurricane Ivan. (15) The assistance needed to rebuild Grenada must come from abroad as the main industries of Grenada, nutmeg exports and tourism, have been devastated by the storm. (16) Hurricane Ivan, the strongest storm to hit the Caribbean region in a decade, struck the Cayman Islands with 150 mile per hour winds that tore roofs off houses, uprooted trees, and caused flooding across the British territory. (17) International media sources reported that the Cayman Islands sustained extreme damage as a result of Hurricane Ivan. Local authorities report that 15 to 20 percent of homes on the eastern part of the Cayman Islands were completely destroyed and another 50 percent suffered significant damage. (18) The unusual hurricane activity in the Caribbean region during 2004 has created an extraordinary and temporary condition in Haiti, Grenada, and the Cayman Islands that prevents nationals of those countries who are in the United States from returning to their homes. (19) Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. (20) Granting temporary protected status to nationals of Haiti, Grenada, and the Cayman Islands is consistent with the interest of the United States and promotes the values and morals that have made the United States strong. (21) The extraordinary and temporary conditions caused by nature and resulting in floods, epidemics, and other environmental disasters in Haiti, Grenada, and the Cayman Islands should make the nationals of those countries eligible for temporary protected status.", "id": "HE1CC51B6FD1A402B810003EAA6E51C9", "header": "Findings" }, { "text": "3. Designation for purposes of granting temporary protected status to Haitians, Grenadians, and Caymanians \n(a) Designation \n(1) In General \nFor purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), Haiti, Grenada, and the Cayman Islands shall be treated as if such countries had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of Designation \nThe initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 18 months. (b) Aliens Eligible \nIn applying section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) pursuant to the designation made under this section, subject to section 244(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(3) ), an alien who is a national of Haiti, Grenada, or the Cayman Islands meets the requirements of section 244(c)(1) of that Act ( 8 U.S.C. 1254a(c)(1) ) only if— (1) the alien has been continuously physically present in the United States since September 7, 2004; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(2)(A) ), and is not ineligible for temporary protected status under section 244(c)(2)(B) of that Act ( 8 U.S.C. 1254a(c)(2)(B) ); and (3) the alien registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to travel abroad \nThe Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(f)(3) ) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ).", "id": "H9BB69B5143D5451EA2EB217C5D5F9CB8", "header": "Designation for purposes of granting temporary protected status to Haitians, Grenadians, and Caymanians" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Energy Independence Act of 2004.", "id": "HCB93306A337640119618596D4616712D", "header": "Short title" }, { "text": "2. Domestic Energy Self-Sufficiency Plan \nSection 801 of the Department of Energy Organization Act ( 42 U.S.C. 7321 ) is amended by adding the following new subsection at the end thereof: (e) (1) Each plan submitted under this section after the date one year after the date of enactment of this subsection shall include a strategic plan to ensure that the United States is energy self-sufficient by the year 2015. (2) The strategic plan under this subsection shall examine and report on the status of existing energy technology and domestic resources as well as developing energy generation and transmission technologies, including, but not limited to fuel cell technology, and should focus on their integration into an overall national energy portfolio to meet the stated goal of achieving energy self-sufficiency within 10 years. (3) The strategic plan shall include recommendations to Congress for targeted research and development in promising new energy generation and transmission technologies, and funding levels necessary for specific programs and research efforts necessary to implement a plan providing for the energy self-sufficiency of the United States within the next 10 years..", "id": "H4F4133B2AF9841F5B1736910435CAADF", "header": "Domestic Energy Self-Sufficiency Plan" } ]

[ { "text": "1. Suspension of duty on 2,5-thiophenediybis(5-tert-butyl-1,3-benzoxazole) \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.23 2,5-thiophenediybis(5-tert-butyl-1,3-benzoxazole) (CAS No. 7128-64-5) (provided for in subheading 3204.20.80) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 2,5-thiophenediybis(5-tert-butyl-1,3-benzoxazole)" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Act Commemorating the LITE, or Lifetime Innovations of Thomas Edison.", "id": "H6BB4FDB9E6C34AA588478809F08410F4", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) The Edison National Historic Site, located in West Orange, New Jersey, is a vital part of America’s national system of parks which preserves Thomas Alva Edison’s research and development laboratories, library, papers, and artifacts, as well as his home. (2) The Site is a national historic treasure and contains the world’s largest collection of materials related to Thomas Edison, encompassing an estimated 5,000,000 pages of documents, over 400,000 artifacts, approximately 35,000 sound recordings, and 10,000 books from Edison’s personal library. (3) Thomas Edison is one of America’s greatest inventors, whose inexhaustible energy and genius produced 1,093 patents in his lifetime, more than any other American, including patents for the incandescent light bulb, the motion picture camera, and the phonograph. (4) In 1928, Thomas Edison was awarded the Congressional Gold Medal for the development and application of inventions that have revolutionized civilization in the last century. (5) In 1998, Congress again honored Thomas Edison by directing the Secretary of the Treasury to mint a commemorative coin celebrating the 125th anniversary of Edison’s invention of the light bulb to be celebrated in 2004. (6) The Edison National Historic Site is one of America’s most endangered historic places. The National Park Service, in its General Management Plan and Development Concept Plan, identified the need for numerous actions to preserve, protect, restore, and enhance the Site and determined that sufficient government funds are not likely to be appropriated to complete these necessary actions in the foreseeable future. (7) On November 6, 1997, the National Park Service signed an agreement with the Thomas Alva Edison Preservation Foundation (now the Edison Preservation Foundation), establishing a public-private partnership to jointly raise money to fund identified improvements at the Edison National Historic Site so as to leave the Site unimpaired for the enjoyment of future generations. (b) Purposes \nThe purposes of this Act are— (1) to recognize and pay tribute to Thomas Alva Edison and his innovations; and (2) to preserve, protect, restore, and enhance the Edison National Historic Site to ensure public use and enjoyment of the Site as an educational, scientific, and cultural center.", "id": "H4D9D7D4796B34E778800DF7999CD55C3", "header": "Findings and purpose" }, { "text": "3. Thomas Edison National Historical Park \n(a) Establishment \nThere is established the Thomas Edison National Historical Park as a unit of the National Park System (hereafter the Historical Park ). (b) Boundaries \nThe Historical Park shall be comprised of— (1) all property owned by the United States in the Edison National Historic Site as well as all property authorized to be acquired by the Secretary of the Interior for inclusion in the Edison National Historic Site before the date of the enactment of this Act, as generally depicted on the map entitled the Edison National Historic Site , numbered 20003B, and dated April 1977; and (2) all property authorized to be acquired for inclusion in the Historical Park by this Act or other law enacted after the date of the enactment of this Act. (c) Map \nThe map of the Historical Park shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "HABEEC085747E43CFBD68CEF4423C94B", "header": "Thomas Edison National Historical Park" }, { "text": "4. Administration \n(a) In general \nThe Secretary shall administer the Historical Park in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the Acts entitled An Act to establish a National Park Service, and for other purposes, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq. ) and An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes, approved August 21, 1935 ( 16 U.S.C. 461 et seq. ). (b) Acquisition of property \n(1) Real property \nThe Secretary may acquire land or interests in land within the boundaries of the Historical Park, from willing sellers only, by donation, purchase with donated or appropriated funds, or exchange. (2) Personal property \nThe Secretary may acquire personal property associated with, and appropriate for, interpretation of the Historical Park. (c) Cooperative agreements \nThe Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Historical Park. (d) Repeal of superseded law \nPublic Law 87-628 (76 Stat. 428), regarding the establishment and administration of the Edison National Historic Site, is repealed. (e) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Edison National Historic Site shall be deemed to be a reference to the Thomas Edison National Historical Park.", "id": "HD1BCD5F8CCD943AE919600B192CCBA72", "header": "Administration" }, { "text": "5. Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "HC4B4F168678B4D1BBFFAB203D19CDF57", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Randy Barrett Act.", "id": "H99B7F162E7534D7DBBE71BAB638F489", "header": "Short title" }, { "text": "2. Waiver of 5-MONTH waiting period for benefits based on disability in cases of terminally ill beneficiaries \n(a) Disability insurance benefits \nSection 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended by adding at the end the following new paragraph: (3) (A) In the case of any individual who is terminally ill and is not entitled to disability insurance benefits under this section for any month solely by reason of the waiting period under clause (i) in the first sentence of paragraph (1), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of the first sentence of paragraph (1), such individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). (B) For purposes of subparagraph (A), an individual is considered to be terminally ill if the individual has a medical prognosis, certified by a physician, that the individual’s life expectancy is 12 months or less.. (b) Widow’s insurance benefits based on disability \nSection 202(e)(5) of such Act ( 42 U.S.C. 402(e)(5) ) is amended by adding at the end the following new subparagraph: (C) (i) In the case of any individual who is terminally ill and is not entitled to widow’s insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widow’s insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). (ii) For purposes of this subparagraph, an individual is considered to be terminally ill if the individual has a medical prognosis, certified by a physician, that the individual’s life expectancy is 12 months or less.. (c) Widower’s insurance benefits based on disability \nSection 202(f)(6) of such Act ( 42 U.S.C. 402(f)(6) ) is amended by adding at the end the following new subparagraph: (C) (i) In the case of any individual who is terminally ill and is not entitled to widower’s insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widower’s insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). (ii) For purposes of this subparagraph, an individual is considered to be terminally ill if the individual has a medical prognosis, certified by a physician, that the individual’s life expectancy is 12 months or less.. (d) Commencement of period of disability \nSection 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended— (1) by inserting (i) after (2)(A) ; (2) by inserting (I) after but only if ; (3) by inserting (II) after duration or ; and (4) by adding at the end the following new clause: (ii) In any case in which an individual is terminally ill and a month is not included within a period of disability of such individual solely by reason of the 5-month duration requirement under clause (i)(I), the Commissioner of Social Security shall waive the application of such requirement, and, notwithstanding clause (i)(I), such month shall be included in a period of disability. For purposes of this subparagraph, an individual is considered to be terminally ill if the individual has a medical prognosis, certified by a physician, that the individual’s life expectancy is 12 months or less..", "id": "H23E167BDE6284EE8B2EB814353107900", "header": "Waiver of 5-MONTH waiting period for benefits based on disability in cases of terminally ill beneficiaries" }, { "text": "3. Effective dates \nThe amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act , or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after the date of the enactment of this Act.", "id": "HC39BA1953DD24083B3ADF0018321FF1E", "header": "Effective dates" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Tapoco Project Licensing Act of 2004.", "id": "H3DA9BB7F105E49CDB014D04B7163B9E9", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) APGI \nThe term APGI means Alcoa Power Generating Inc., its successors and assigns. (2) Commission \nThe term Commission means the Federal Energy Regulatory Commission. (3) Map \nThe term map means the map entitled Tapoco Hydroelectric Project, P–2169, Settlement Agreement, Appendix B, Proposed Land Swap Areas, National Park Service and APGI , numbered TP514, Issue No. 9, and dated June 8, 2004. (4) Park \nThe term Park means Great Smoky Mountains National Park. (5) Project \nThe term Project means the Tapoco Hydroelectric Project, FERC Project No. 2169, including the Chilhowee Dam and Reservoir in the State of Tennessee. (6) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "HD5FDC33AE1B24CE69017B9C0609CF3AC", "header": "Definitions" }, { "text": "3. Land exchange \n(a) Authorization \n(1) In general \nUpon the conveyance by APGI of title acceptable to the Secretary of the land identified in paragraph (2), the Secretary shall simultaneously convey to APGI title to the land identified in paragraph (3). (2) Description of land to be conveyed by APGI \nThe land to be conveyed by APGI to the Secretary is the approximately 186 acres of land, subject to any encumbrances existing before February 21, 2003— (A) within the authorized boundary of the Park, located northeast of United States Highway 129 and adjacent to the APGI power line; and (B) as generally depicted on the map as Proposed Property Transfer from APGI to National Park Service. (3) Description of land to be conveyed by the Secretary \nThe land to be conveyed by the Secretary to APGI is the approximately 110 acres of land within the Park that is— (A) adjacent to or flooded by the Chilhowee Reservoir; (B) within the boundary of the Project as of February 21, 2003; and (C) as generally depicted on the map as Proposed Property Transfer from National Park Service to APGI. (b) Minor adjustments to conveyed land \nThe Secretary and APGI may mutually agree to make minor boundary or acreage adjustments to the land identified in subsection (a). (c) Opportunity to mitigate \nIf the Secretary determines that all or part of the land to be conveyed to the Secretary under subsection (a)(2) is unsuitable for inclusion in the Park, APGI shall have the opportunity to make the land suitable for inclusion in the Park. (d) Conservation easement \nThe Secretary shall reserve a conservation easement over any land transferred to APGI under subsection (a)(3) that, subject to any terms and conditions imposed by the Commission in any license that the Commission may issue for the Project. The conservation easement shall— (1) specifically prohibit any development of the land by APGI, other than any development that is necessary for the continued operation and maintenance of the Chilhowee Reservoir; (2) authorize public access to the easement area, subject to National Park Service regulations; and (3) authorize the National Park Service to enforce Park regulations on the land and in and on the waters of Chilhowee Reservoir lying on the land, to the extent not inconsistent with any license condition considered necessary by the Commission. (e) Applicability of certain laws \nSection 5(b) of Public Law 90–401 ( 16 U.S.C. 460 l –22 (b)), shall not apply to the land exchange authorized under this section. (f) Reversion \n(1) In general \nThe deed from the Secretary to APGI shall contain a provision that requires the land described in subsection (a)(3) to revert to the United States if— (A) the Chilhowee Reservoir ceases to exist; or (B) the Commission issues a final order decommissioning the Project from which no further appeal may be taken. (2) Applicable law \nA reversion under this subsection shall not eliminate APGI’s responsibility to comply with all applicable provisions of the Federal Power Act ( 16 U.S.C. 791a et seq. ), including regulations. (g) Boundary adjustment \n(1) In general \nOn completion of the land exchange authorized under this section, the Secretary shall— (A) adjust the boundary of the Park to include the land described in subsection (a)(2); and (B) administer any acquired land as part of the Park in accordance with applicable law (including regulations). (2) National Park Service land \nNotwithstanding the exchange of land under this section, the land described in subsection (a)(3) shall remain within the boundary of the Park. (3) Public notice \nThe Secretary shall publish in the Federal Register notice of any boundary revision under paragraph (1).", "id": "HAC47D4B124AA4D4B87306B12FA4D19E9", "header": "Land exchange" }, { "text": "4. Project licensing \nNotwithstanding the continued inclusion of the land described in section 3(a)(3) in the boundary of the Park (including any modification made pursuant to section 3(b)) on completion of the land exchange, the Commission shall have jurisdiction to license the Project.", "id": "HD0EF274D190A4B0CB017E0FD499C34D5", "header": "Project licensing" }, { "text": "5. Land acquisition \n(a) In general \nThe Secretary or the Secretary of Agriculture may acquire, from willing owners only, by purchase, donation, or exchange, any land or interest in land that— (1) may be transferred by APGI to any nongovernmental organization; and (2) is identified as Permanent Easement or Term Easement on the map entitled Tapoco Hydroelectric Project, P–2169, Settlement Agreement, Appendix B, Proposed Land Conveyances in Tennessee , numbered TP616, Issue No. 15, and dated March 11, 2004. (b) Land acquired by the Secretary of the Interior \nThe Secretary shall— (1) adjust the boundary of the Park to include any land or interest in land acquired by the Secretary under subsection (a); (2) administer any acquired land or interest in land as part of the Park in accordance with applicable law (including regulations); and (3) publish notice of the adjustment in the Federal Register. (c) Land acquired by the Secretary of Agriculture \n(1) Boundary adjustment \nThe Secretary of Agriculture shall— (A) adjust the boundary of the Cherokee National Forest to include any land acquired under subsection (a); (B) administer any acquired land or interest in land as part of the Cherokee National Forest in accordance with applicable law (including regulations); and (C) publish notice of the adjustment in the Federal Register. (2) Management \nThe Secretary of Agriculture shall evaluate the feasibility of managing any land acquired by the Secretary of Agriculture under subsection (a) in a manner that retains the primitive, back-country character of the land.", "id": "HBABD675B94C249878FB8C8E9028C1F0", "header": "Land acquisition" }, { "text": "6. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.", "id": "H063E940F0F894555A7267F7D78F28676", "header": "Authorization of appropriations" } ]

[ { "text": "1. Permanent resident status for Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez 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 Maria Del Refugio Plascencia or Alfredo Plascencia-Lopez enters the United States before the filing deadline specified in subsection (c), he or 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 Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez, 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.", "id": "HC4D70925AD0A46A9AB3776CCA9626FF3", "header": "Permanent resident status for Maria Del Refugio Plascencia and Alfredo Plascencia-Lopez" } ]

[ { "text": "1. Authority to cover expenses of primary and secondary schooling of dependents of Forest Service personnel in Puerto Rico \nSection 202 of the Department of Agriculture Organic Act of 1944 ( 16 U.S.C. 554b ) is amended— (1) by inserting (a) Provision of medical care; related transportation.— before Appropriations for the Forest Service ; and (2) by adding at the end the following new subsection: (b) Coverage of dependent educational expenses in puerto rico; related transportation \n(1) Appropriations for the Forest Service shall be available to the Secretary of Agriculture to cover the cost of primary and secondary schooling of dependents of Forest Service personnel, who are stationed in Puerto Rico and are subject to transfer and reassignment to other locations in the United States, but not to exceed the costs authorized by the Department of Defense for the same area for dependents of members of the Armed Forces, when it is determined by the Secretary that the schools available in the area of Puerto Rico in which the dependents reside are unable to provide adequately for the education of the dependents. (2) If the Secretary determines that the school attended by a dependent described in paragraph (1) is not accessible by public means of transportation on a regular basis, the Secretary may provide, out of funds appropriated for the Forest Service, for the transportation of the dependent between the school and the place of residence of the dependent..", "id": "H06793B78F1814B4D9D28D65F8436EE1", "header": "Authority to cover expenses of primary and secondary schooling of dependents of Forest Service personnel in Puerto Rico" } ]

[ { "text": "1. Amendment to section 337 of Tariff Act of 1930 \nSection 337(a)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1337(a)(1) ) is amended— (1) in subparagraph (A), by striking and (E) and inserting (E), and (F) ; and (2) by adding at the end the following: (F) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that are labeled or advertised as meeting a United States Government standard for performance or safety, or an industry standard for performance or safety, but do not in fact meet that standard..", "id": "H78E204CE0A3940ABA418DBFD00FDFCCB", "header": "Amendment to section 337 of Tariff Act of 1930" } ]