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[ { "text": "1. Permanent resident status for Ana Maria Moncayo-Gigax \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Ana Maria Moncayo-Gigax 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 Ana Maria Moncayo-Gigax 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 Ana Maria Moncayo-Gigax, 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 Ana Maria Moncayo-Gigax shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H675445A5601E44FE80D41E00AD9E1571", "header": "Permanent resident status for Ana Maria Moncayo-Gigax" } ]

[ { "text": "1. Annual report by Secretary of the Treasury \nNot later than March 1 of each year, the Secretary of the Treasury shall submit to the Congress a report that identifies each country that is a country of concern because the government of that country, or persons or entities that are in, or are nationals of, that country, are providing financial support for domestic terrorism or international terrorism. The report shall include the information on which the Secretary relied in determining whether or not each country is such a country of concern.", "id": "H2C9E4D1D5B0C45CF92FE67BB65FADB85", "header": "Annual report by Secretary of the Treasury" }, { "text": "2. Withholding of assistance; withholding of access to financial institutions; special measures \n(a) Withholding of bilateral assistance; opposition to multilateral development assistance; special measures \n(1) Bilateral assistance \nFifty percent of the United States assistance allocated each fiscal year in the report required by section 653 of the Foreign Assistance Act of 1961 for each country of concern listed in the report submitted to Congress under section 1 shall be withheld from obligation and expenditure, except as provided in subsection (c). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (2) Multilateral assistance \nThe Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 of each year, against any loan or other utilization of the funds of their respective institution to or for any country of concern listed in the report submitted under section 1, except as provided in subsection (c). For purposes of this paragraph, the term multilateral development bank means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development. (3) Special measures \nThe Secretary of the Treasury may require domestic financial agencies to take 1 or more of the special measures described in section 5318A(c) of title 31, United States Code, with respect to a country of concern identified in the most recent report submitted under section 1, including financial institutions operating outside the United States engaging in financial transactions in that country with nationals or entities of that country, to the same extent as if such country or financial institution were of primary money laundering concern under such section 5318A. (b) Certification procedures \n(1) What must be certified \nSubject to subsection (c), the assistance withheld from a country pursuant to subsection (a)(1) may be obligated and expended, the requirement of subsection (a)(2) to vote against multilateral development bank assistance to a country shall not apply, and subsection (a)(3) shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by section 1, that— (A) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, to terminate the provision of financial support for domestic terrorism or international terrorism, as the case may be, by the government of that country or by persons or entities that are in, or are nationals of, that country; or (B) for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (a)(1) be provided, that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2), and that subsection (a)(3) not apply to that country. (2) Information to be included in national interest certification \nIf the President makes a certification with respect to a country pursuant to paragraph (1)(B), the President shall include in such certification— (A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section, multilateral development bank assistance is not provided to such country, and special measures are imposed under subsection (a)(3) with respect to that country; and (B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States, or to take adequate steps on its own, to terminate the provision of financial support for domestic terrorism or international terrorism, as the case may be. (c) Congressional review \nSubsection (d) shall apply if, within 30 calendar days after receipt of a certification submitted under subsection (b) at the time of submission of the report required by section 1, the Congress enacts a joint resolution disapproving the determination of the President contained in such certification. (d) Consequences for countries decertified \nIf the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in subsection (e) are satisfied— (1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; (2) the requirement to vote against multilateral development bank assistance pursuant to subsection (a)(2) shall apply with respect to that country, without regard to the date specified in that subsection; and (3) subsection (a)(3) shall apply with respect to that country. (e) Recertification \nSubsection (d) shall apply to a country described in that subsection until— (1) the President, at the time of submission of the report required by section 1, makes a certification under subsection (b)(1)(A) or (b)(1)(B) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) disapproving the determination of the President contained in that certification; or (2) the President, at any other time, makes the certification described in subsection (b)(1)(B) with respect to that country, except that this paragraph applies only if either— (A) the President also certifies that— (i) that country has undergone a fundamental change in government; or (ii) there has been a fundamental change in the conditions that were the reason— (I) why the President had not made a certification with respect to that country under subsection (b)(1)(A); or (II) if the President had made such a certification and the Congress enacted a joint resolution disapproving the determination contained in the certification, why the Congress enacted that joint resolution; or (B) the Congress enacts a joint resolution approving the determination contained in the certification under subsection (b)(1)(B). Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification. (f) Senate Procedures \nAny joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.", "id": "H253D8CDB9D984647959500544923DB69", "header": "Withholding of assistance; withholding of access to financial institutions; special measures" }, { "text": "3. Definitions \nIn this Act: (1) Financial support \nThe term financial support includes funds, currency or monetary instruments or financial securities, and financial sources. (2) Terrorism \nThe terms domestic terrorism and international terrorism have the meanings given those terms in section 2331 of title 18, United States Code.", "id": "H11D0093B3C074E90B4775CD2484544F7", "header": "Definitions" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Justice for All Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Scott Cambell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act Sec. 101. Short title Sec. 102. Crime victims’ rights Sec. 103. Increased resources for enforcement of crime victims’ rights Sec. 104. Reports Title II—Debbie Smith Act of 2004 Sec. 201. Short title Sec. 202. Debbie Smith DNA Backlog Grant Program Sec. 203. Expansion of Combined DNA Index System Sec. 204. Tolling of statute of limitations Sec. 205. Legal assistance for victims of violence Sec. 206. Ensuring private laboratory assistance in eliminating DNA backlog Title III—DNA Sexual Assault Justice Act of 2004 Sec. 301. Short title Sec. 302. Ensuring public crime laboratory compliance with Federal standards Sec. 303. DNA training and education for law enforcement, correctional personnel, and court officers Sec. 304. Sexual assault forensic exam program grants Sec. 305. DNA research and development Sec. 306. National Forensic Science Commission Sec. 307. FBI DNA programs Sec. 308. DNA identification of missing persons Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use of DNA information Sec. 310. Tribal coalition grants Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program Sec. 312. Report to Congress Title IV—Innocence Protection Act of 2004 Sec. 401. Short title Subtitle A—Exonerating the innocent through DNA testing Sec. 411. Federal post-conviction DNA testing Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program Sec. 413. Incentive grants to States to ensure consideration of claims of actual innocence Subtitle B—Improving the quality of representation in State capital cases Sec. 421. Capital representation improvement grants Sec. 422. Capital prosecution improvement grants Sec. 423. Applications Sec. 424. State reports Sec. 425. Evaluations by Inspector General and administrative remedies Sec. 426. Authorization of appropriations Subtitle C—Compensation for the wrongfully convicted Sec. 431. Increased compensation in Federal cases for the wrongfully convicted Sec. 432. Sense of Congress regarding compensation in State death penalty cases", "id": "H1483D4A7E8084F65B3C888B825B42FDF", "header": "Short title; table of contents" }, { "text": "101. Short title \nThis title may be cited as the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act.", "id": "H7FD96A41831A4E72B15B547394649792", "header": "Short title" }, { "text": "102. Crime victims’ rights \n(a) Amendment to title 18 \nPart II of title 18, United States Code, is amended by adding at the end the following: 237 Crime victims’ rights \nSec 3771. Crime victims’ rights 3771. Crime victims’ rights \n(a) Rights of crime victims \nA crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy. (b) Rights afforded \nIn any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before denying a crime victim the right described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (c) Best efforts to accord rights \n(1) Government \nOfficers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) Advice of attorney \nThe prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice \nNotice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations \n(1) Rights \nThe crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) Multiple crime victims \nIn a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) Motion for relief and writ of mandamus \nThe rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide such motion forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five day, or affect the defendant's right to a speedy trial, for purposes of enforcing this chapter. (4) Error \nIn any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) Limitation on relief \nIn no case shall a failure to afford a right under this chapter provide grounds for a new trial, or to reopen a plea or a sentence, except in the case of restitution as provided in title 18. (6) No cause of action \nNothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction. (e) Definitions \nFor the purposes of this chapter, the term crime victim means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative. (f) Procedures to promote compliance \n(1) Regulations \nNot later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. (2) Contents \nThe regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; (C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.. (b) Table of chapters \nThe table of chapters for part II of title 18, United States Code, is amended by inserting at the end the following: 237. Crime victims’ rights 3771. (c) Repeal \nSection 502 of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10606 ) is repealed.", "id": "HFCF89527BE4B4277AAC39CE43743FFC9", "header": "Crime victims’ rights" }, { "text": "3771. Crime victims’ rights \n(a) Rights of crime victims \nA crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy. (b) Rights afforded \nIn any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before denying a crime victim the right described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (c) Best efforts to accord rights \n(1) Government \nOfficers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) Advice of attorney \nThe prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice \nNotice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations \n(1) Rights \nThe crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) Multiple crime victims \nIn a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) Motion for relief and writ of mandamus \nThe rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide such motion forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five day, or affect the defendant's right to a speedy trial, for purposes of enforcing this chapter. (4) Error \nIn any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) Limitation on relief \nIn no case shall a failure to afford a right under this chapter provide grounds for a new trial, or to reopen a plea or a sentence, except in the case of restitution as provided in title 18. (6) No cause of action \nNothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction. (e) Definitions \nFor the purposes of this chapter, the term crime victim means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative. (f) Procedures to promote compliance \n(1) Regulations \nNot later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. (2) Contents \nThe regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; (C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.", "id": "H0489353C184F419BB618A9B21BF9A944", "header": "Crime victims’ rights" }, { "text": "103. Increased resources for enforcement of crime victims’ rights \n(a) Crime victims legal assistance grants \nThe Victims of Crime Act of 1984 ( 42 U.S.C. 10601 et seq. ) is amended by inserting after section 1404C the following: 1404D. Crime victims legal assistance grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law. (b) Prohibition \nGrant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.. (b) Authorization of appropriations \nIn addition to funds made available under section 1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this title— (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs; (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the Victim Notification System; (3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the appropriation for the support of organizations as designated under paragraph (4); (4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of organizations that provide legal counsel and support services for victims in criminal cases for the enforcement of crime victims’ rights in Federal jurisdictions, and in States and tribal governments that have laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code; and (5) $5,000,000 for fiscal year 2005 and $7,000,000 for each of fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of— (A) training and technical assistance to States and tribal jurisdictions to craft state-of-the-art victims’ rights laws; and (B) training and technical assistance to States and tribal jurisdictions to design a variety of compliance systems, which shall include an evaluation component. (c) Increased resources to develop state-of-the-art systems for notifying crime victims of important dates and developments \nThe Victims of Crime Act of 1984 ( 42 U.S.C. 10601 et seq. ) is amended by inserting after section 1404D the following: 1404E. Crime victims notification grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. (b) Integration of systems \nSystems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. (c) Authorization of appropriations \nIn addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. (d) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation..", "id": "H4F71EF94726643FE003C1C80FF1230DA", "header": "Increased resources for enforcement of crime victims’ rights" }, { "text": "1404D. Crime victims legal assistance grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law. (b) Prohibition \nGrant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.", "id": "H3543344C55124298958EB296D5EDA3A3", "header": "Crime victims legal assistance grants" }, { "text": "1404E. Crime victims notification grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. (b) Integration of systems \nSystems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. (c) Authorization of appropriations \nIn addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. (d) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.", "id": "H731157DCC247468697EFE2BBC4AAE032", "header": "Crime victims notification grants" }, { "text": "104. Reports \n(a) Administrative Office of the United States Courts \nNot later than 1 year after the date of enactment of this Act and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached. (b) Government Accountability Office \n(1) Study \nThe Comptroller General shall conduct a study that evaluates the effect and efficacy of the implementation of the amendments made by this title on the treatment of crime victims in the Federal system. (2) Report \nNot later than 4 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees a report containing the results of the study conducted under subsection (a).", "id": "H08BE697E6B1842AE8EF8C6513851E02C", "header": "Reports" }, { "text": "201. Short title \nThis title may be cited as the Debbie Smith Act of 2004.", "id": "H481F6918B6CE4D9189A8638D4B970144", "header": "Short title" }, { "text": "202. Debbie Smith DNA Backlog Grant Program \n(a) Designation of program; eligibility of local governments as grantees \nSection 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) by amending the heading to read as follows: 2. The Debbie Smith DNA Backlog Grant Program \n; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by inserting or units of local government after eligible States ; and (ii) by inserting or unit of local government after State ; (B) in paragraph (2), by inserting before the period at the end the following: , including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect ; and (C) in paragraph (3), by striking within the State ; (3) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting or unit of local government after State both places that term appears; and (ii) by inserting , as required by the Attorney General after application shall ; (B) in paragraph (1), by inserting or unit of local government after State ; (C) in paragraph (3), by inserting or unit of local government after State the first place that term appears; (D) in paragraph (4)— (i) by inserting or unit of local government after State ; and (ii) by striking and at the end; (E) in paragraph (5)— (i) by inserting or unit of local government after State ; and (ii) by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System; and ; (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking The plan and inserting A plan pursuant to subsection (b)(1) ; (ii) in subparagraph (A), by striking within the State ; and (iii) in subparagraph (B), by striking within the State ; and (B) in paragraph (2)(A), by inserting and units of local government after States ; (5) in subsection (e)— (A) in paragraph (1), by inserting or local government after State both places that term appears; and (B) in paragraph (2), by inserting or unit of local government after State ; (6) in subsection (f), in the matter preceding paragraph (1), by inserting or unit of local government after State ; (7) in subsection (g)— (A) in paragraph (1), by inserting or unit of local government after State ; and (B) in paragraph (2), by inserting or units of local government after States ; and (8) in subsection (h), by inserting or unit of local government after State both places that term appears. (b) Reauthorization and expansion of program \nSection 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting (1) or before (2) ; and (B) by inserting at the end the following: (4) To collect DNA samples specified in paragraph (1). (5) 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. ; (2) in subsection (b), as amended by this section, by inserting at the end the following: (7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4). ; (3) by amending subsection (c) to read as follows: (c) Formula for distribution of grants \n(1) In general \nThe Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that— (A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and (B) allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering— (i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction; (ii) the population in the jurisdiction; and (iii) the number of part 1 violent crimes in the jurisdiction. (2) Minimum amount \nThe Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation. (3) Limitation \nGrant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations: (A) For fiscal year 2005, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (B) For fiscal year 2006, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (E) For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). ; (4) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety. ; (5) in subsection (j), by striking paragraphs (1) and (2) and inserting the following: (1) $151,000,000 for fiscal year 2005; (2) $151,000,000 for fiscal year 2006; (3) $151,000,000 for fiscal year 2007; (4) $151,000,000 for fiscal year 2008; and (5) $151,000,000 for fiscal year 2009. ; and (6) by adding at the end the following: (k) Use of funds for accreditation and audits \nThe Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)— (1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation; (2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community— (A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards; (B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and (C) to support future capacity building efforts; and (3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System. (l) External audits and remedial efforts \nIn the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable..", "id": "H0F46296A6ED044C6B5F007F6C304254F", "header": "Debbie Smith DNA Backlog Grant Program" }, { "text": "2. The Debbie Smith DNA Backlog Grant Program", "id": "H1D95D039C3404863B3D54D707B23E42", "header": "The Debbie Smith DNA Backlog Grant Program" }, { "text": "203. Expansion of Combined DNA Index System \n(a) Inclusion of all DNA samples from States \nSection 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ) is amended— (1) in subsection (a)(1), by striking of persons convicted of crimes; and inserting the following: of— (A) persons convicted of crimes; (B) persons who have been indicted or who have waived indictment for a crime; and (C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA profiles from arrestees who have not been indicted and DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the Combined DNA Index System; ; and (2) in subsection (d)(2)— (A) by striking “if the responsible agency” and inserting if— (i) the responsible agency ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.. (b) Felons convicted of Federal crimes \nSection 3(d) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a(d) ) is amended to read as follows: (d) Qualifying Federal offenses \nThe offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: (1) Any felony. (2) Any offense under chapter 109A of title 18, United States Code. (3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). (4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).. (c) Military offenses \nSection 1565(d) of title 10, United States Code, is amended to read as follows: (d) Qualifying military offenses \nThe offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: (1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed. (2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a(d) )).. (d) Keyboard searches \nSection 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ), as amended by subsection (a), is further amended by adding at the end the following new subsection: (e) Authority for keyboard searches \n(1) In general \nThe Director shall ensure that any person who is authorized to access the index described in subsection (a) for purposes of including information on DNA identification records or DNA analyses in that index may also access that index for purposes of carrying out a one-time keyboard search on information obtained from any DNA sample lawfully collected for a criminal justice purpose except for a DNA sample voluntarily submitted solely for elimination purposes. (2) Definition \nFor purposes of paragraph (1), the term keyboard search means a search under which information obtained from a DNA sample is compared with information in the index without resulting in the information obtained from a DNA sample being included in the index. (3) No preemption \nThis subsection shall not be construed to preempt State law..", "id": "HDB9A3969B49E4035B3EC01A02C2B2214", "header": "Expansion of Combined DNA Index System" }, { "text": "204. Tolling of statute of limitations \n(a) In general \nChapter 213 of title 18, United States Code, is amended by adding at the end the following: 3297. Cases involving DNA evidence \nIn a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.. (b) Clerical amendment \nThe table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: 3297. Cases involving DNA evidence. (c) Application \nThe amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired.", "id": "H262D2F7B1A11495299B37E0006176933", "header": "Tolling of statute of limitations" }, { "text": "3297. Cases involving DNA evidence \nIn a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.", "id": "H3D6218D18E7041549270188CB265EBDB", "header": "Cases involving DNA evidence" }, { "text": "205. Legal assistance for victims of violence \nSection 1201 of the Violence Against Women Act of 2000 ( 42 U.S.C. 3796gg–6 ) is amended— (1) in subsection (a), by inserting dating violence, after domestic violence, ; (2) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) Dating violence \nThe term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of— (A) the length of the relationship; (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship. ; and (C) in paragraph (3), as redesignated by subparagraph (A), by inserting dating violence, after domestic violence, ; (3) in subsection (c)— (A) in paragraph (1)— (i) by inserting , dating violence, after between domestic violence ; and (ii) by inserting dating violence, after victims of domestic violence, ; (B) in paragraph (2), by inserting dating violence, after domestic violence, ; and (C) in paragraph (3), by inserting dating violence, after domestic violence, ; (4) in subsection (d)— (A) in paragraph (1), by inserting , dating violence, after domestic violence ; (B) in paragraph (2), by inserting , dating violence, after domestic violence ; (C) in paragraph (3), by inserting , dating violence, after domestic violence ; and (D) in paragraph (4), by inserting dating violence, after domestic violence, ; (5) in subsection (e), by inserting dating violence, after domestic violence, ; and (6) in subsection (f)(2)(A), by inserting dating violence, after domestic violence,.", "id": "HCDB00D1087BE417C002BF1C99242BA88", "header": "Legal assistance for victims of violence" }, { "text": "206. Ensuring private laboratory assistance in eliminating DNA backlog \nSection 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135(d)(3) ) is amended to read as follows: (3) Use of vouchers or contracts for certain purposes \n(A) In general \nA grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services. (B) Redemption \nA voucher or contract under subparagraph (A) may be redeemed at a laboratory operated by a private entity that satisfies quality assurance standards and has been approved by the Attorney General. (C) Payments \nThe Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B)..", "id": "H731307248A3F47A3B3F111D8DDFE617D", "header": "Ensuring private laboratory assistance in eliminating DNA backlog" }, { "text": "301. Short title \nThis title may be cited as the DNA Sexual Assault Justice Act of 2004.", "id": "H24969241D34E4C989717E618F2707C7F", "header": "Short title" }, { "text": "302. Ensuring public crime laboratory compliance with Federal standards \nSection 210304(b)(2) of the DNA Identification Act of 1994 ( 42 U.S.C. 14132(b)(2) ) is amended to read as follows: (2) prepared by laboratories that— (A) not later than 2 years after the date of enactment of the DNA Sexual Assault Justice Act of 2004 , have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and (B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and.", "id": "H8CBA340C1D804473B66E76F013062D00", "header": "Ensuring public crime laboratory compliance with Federal standards" }, { "text": "303. DNA training and education for law enforcement, correctional personnel, and court officers \n(a) In general \nThe Attorney General shall make grants to eligible entities to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence. (b) Eligible entity \nFor purposes of subsection (a), an eligible entity is an organization consisting of, comprised of, or representing— (1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime; (2) court officers, including State and local prosecutors, defense lawyers, and judges; (3) forensic science professionals; and (4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision. (c) Authorization of appropriations \nThere are authorized to be appropriated $12,500,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H8A51FFFCDAB6460F9715EDD7B361CD88", "header": "DNA training and education for law enforcement, correctional personnel, and court officers" }, { "text": "304. Sexual assault forensic exam program grants \n(a) In general \nThe Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team). (b) Eligible entity \nFor purposes of this section, the term eligible entity includes— (1) States; (2) units of local government; and (3) sexual assault examination programs, including— (A) sexual assault nurse examiner (SANE) programs; (B) sexual assault forensic examiner (SAFE) programs; (C) sexual assault response team (SART) programs; (D) State sexual assault coalitions; (E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of sexual assault; and (F) victim service providers involved in treating victims of sexual assault. (c) Authorization of appropriations \nThere are authorized to be appropriated $30,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H6D0BCF301E4C48D6B5AC6E0022DF3824", "header": "Sexual assault forensic exam program grants" }, { "text": "305. DNA research and development \n(a) Improving DNA technology \nThe Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability. (b) Demonstration projects \nThe Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence. (c) Authorization of appropriations \nThere are authorized to be appropriated $15,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H212B977BD5F34F5DB565D209485468A1", "header": "DNA research and development" }, { "text": "306. National Forensic Science Commission \n(a) Appointment \nThe Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the Commission ), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b). (b) Responsibilities \nThe Commission shall— (1) assess the present and future resource needs of the forensic science community; (2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public; (3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public; (4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories; (5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public; (6) examine additional issues pertaining to forensic science as requested by the Attorney General; (7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient; (8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure— (A) the appropriate use and dissemination of DNA information; (B) the accuracy, security, and confidentiality of DNA information; (C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and (D) that any other necessary measures are taken to protect privacy; and (9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8). (c) Personnel; procedures \nThe Attorney General shall— (1) designate the Chair of the Commission from among its members; (2) designate any necessary staff to assist in carrying out the functions of the Commission; and (3) establish procedures and guidelines for the operations of the Commission. (d) Authorization of appropriations \nThere are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H159F8D978B8D496D9340BDD2FD4F647", "header": "National Forensic Science Commission" }, { "text": "307. FBI DNA programs \n(a) Authorization of appropriations \nThere are authorized to be appropriated to the Federal Bureau of Investigation $42,100,000 for each of fiscal years 2005 through 2009 to carry out the DNA programs and activities described under subsection (b). (b) Programs and activities \nThe Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection (a) for— (1) nuclear DNA analysis; (2) mitochondrial DNA analysis; (3) regional mitochondrial DNA laboratories; (4) the Combined DNA Index System; (5) the Federal Convicted Offender DNA Program; and (6) DNA research and development.", "id": "H7730BE7BCE4E484889F8B7D8210076BF", "header": "FBI DNA programs" }, { "text": "308. DNA identification of missing persons \n(a) In general \nThe Attorney General shall make grants to States and units of local government to promote the use of forensic DNA technology to identify missing persons and unidentified human remains. (b) Authorization of appropriations \nThere are authorized to be appropriated $2,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H3627FD9D694B4B5691A7C4244627B3E", "header": "DNA identification of missing persons" }, { "text": "309. Enhanced criminal penalties for unauthorized disclosure or use of DNA information \nSection 10(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135e(c) ) is amended to read as follows: (c) Criminal penalty \nA person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $100,000. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection..", "id": "HF8E1864941964D27A337F69969F0949E", "header": "Enhanced criminal penalties for unauthorized disclosure or use of DNA information" }, { "text": "310. Tribal coalition grants \n(a) In general \nSection 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg ) is amended by adding at the end the following: (d) Tribal coalition grants \n(1) Purpose \nThe Attorney General shall award grants to tribal domestic violence and sexual assault coalitions for purposes of— (A) increasing awareness of domestic violence and sexual assault against Indian women; (B) enhancing the response to violence against Indian women at the tribal, Federal, and State levels; and (C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence. (2) Grants to tribal coalitions \nThe Attorney General shall award grants under paragraph (1) to— (A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women; and (B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to address domestic violence and sexual assault against Indian women. (3) Eligibility for other grants \nReceipt of an award under this subsection by tribal domestic violence and sexual assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes described in subsection (b).. (b) Technical amendment \nEffective as of November 2, 2002, and as if included therein as enacted, Public Law 107–273 (116 Stat. 1789) is amended in section 402(2) by striking sections 2006 through 2011 and inserting sections 2007 through 2011. (c) Amounts \nSection 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (as redesignated by section 402(2) of Public Law 107–273 , as amended by subsection (b)) is amended by amending subsection (b)(4) ( 42 U.S.C. 3796gg–1(b)(4) ) to read as follows: (4) 1/54 shall be available for grants under section 2001(d);.", "id": "H2604CC1AF9D348088B201BBD749BDD25", "header": "Tribal coalition grants" }, { "text": "311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program \n(a) Forensic backlog elimination grants \nSection 2804 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797m ) is amended— (1) in subsection (a)— (A) by striking shall use the grant to carry out and inserting shall use the grant to do any one or more of the following: (1) To carry out ; and (B) by adding at the end the following: (2) To eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence. (3) To train, assist, and employ forensic laboratory personnel, as needed, to eliminate such a backlog. ; (2) in subsection (b), by striking under this part and inserting for the purpose set forth in subsection (a)(1) ; and (3) by adding at the end the following: (e) Backlog defined \nFor purposes of this section, a backlog in the analysis of forensic science evidence exists if such evidence— (1) has been stored in a laboratory, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility; and (2) has not been subjected to all appropriate forensic testing because of a lack of resources or personnel.. (b) External audits \nSection 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797k ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) a certification that a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility in the State that will receive a portion of the grant amount.. (c) Three-year extension of authorization of appropriations \nSection 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(24) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (G) $20,000,000 for fiscal year 2007; (H) $20,000,000 for fiscal year 2008; and (I) $20,000,000 for fiscal year 2009.. (d) Technical amendment \nSection 1001(a) of such Act, as amended by subsection (c), is further amended by realigning paragraphs (24) and (25) so as to be flush with the left margin.", "id": "H1A242A28F09A45178008E65F66BA153F", "header": "Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program" }, { "text": "312. Report to Congress \n(a) In general \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of this Act and the amendments made by this Act. (b) Contents \nThe report submitted under subsection (a) shall include a description of— (1) the progress made by Federal, State, and local entities in— (A) collecting and entering DNA samples from offenders convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection as CODIS ); (B) analyzing samples from crime scenes, including evidence collected from sexual assaults and other serious violent crimes, and entering such DNA analyses in CODIS; and (C) increasing the capacity of forensic laboratories to conduct DNA analyses; (2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this Act are carried out; (3) the distribution of grant amounts under this Act among eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie Smith DNA Backlog Grant Program; (4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical personnel, victim service providers, and other personnel authorized under sections 303 and 304; (5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstration projects under section 305; (6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission under section 306; (7) the use of funds by the Federal Bureau of Investigation under section 307; (8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to identify missing persons and unidentified human remains under section 308; (9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under the amendments made by section 311; (10) State compliance with the requirements set forth in section 413; and (11) any other matters considered relevant by the Attorney General.", "id": "H3B1D532137DB43F490CD57225C32E61B", "header": "Report to Congress" }, { "text": "401. Short title \nThis title may be cited as the Innocence Protection Act of 2004.", "id": "H15BC855F8F1C4BB7BB0700A5D17448C", "header": "Short title" }, { "text": "411. Federal post-conviction DNA testing \n(a) Federal criminal procedure \n(1) In general \nPart II of title 18, United States Code, is amended by inserting after chapter 228 the following: 228A Post-conviction DNA testing \nSec 3600. DNA testing 3600A. Preservation of biological evidence 3600. DNA testing \n(a) In general \nUpon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the applicant ), the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or State offense, if— (i) (I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and (II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense; (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004 ; or (B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing; (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a theory of defense that— (A) is not inconsistent with an affirmative defense presented at trial; and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidence— (A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and (B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense; (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice. (b) Notice to the government; preservation order; appointment of counsel \n(1) Notice \nUpon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; and (B) allow the Government a reasonable time period to respond to the motion. (2) Preservation order \nTo the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel \nThe court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B). (c) Testing procedures \n(1) In general \nThe court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation. (2) Exception \nNotwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs \nThe costs of any DNA testing ordered under this section shall be paid— (A) by the applicant; or (B) in the case of an applicant who is indigent, by the Government. (d) Time limitation in capital cases \nIn any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate. (e) Reporting of test results \n(1) In general \nThe results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS \nThe Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as NDIS ). (3) Retention of DNA sample \n(A) Entry into NDIS \nIf the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. (C) No match \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS. (f) Post-testing procedures; inconclusive and inculpatory results \n(1) Inconclusive results \nIf DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results \nIf DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— (A) deny the applicant relief; and (B) on motion of the Government— (i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; (iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence \nIn any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving. (g) Post-testing procedures; motion for new trial or resentencing \n(1) In general \nNotwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. (2) Standard for granting motion for new trial or resentencing \nThe court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of— (A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and (B) in the case of a motion for resentencing, another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding. (h) Other laws unaffected \n(1) Post-conviction relief \nNothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3) Application not a motion \nAn application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255. 3600A. Preservation of biological evidence \n(a) In general \nNotwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense. (b) Defined term \nFor purposes of this section, the term biological evidence means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material. (c) Applicability \nSubsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004 ; (3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing. (d) Other preservation requirement \nNothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. (e) Regulations \nNot later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. (f) Criminal penalty \nWhoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both. (g) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.. (2) Clerical amendment \nThe chapter analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 228 the following: 228A. Post-conviction DNA testing 3600. (b) System for reporting motions \n(1) Establishment \nThe Attorney General shall establish a system for reporting and tracking motions filed in accordance with section 3600 of title 18, United States Code. (2) Operation \nIn operating the system established under paragraph (1), the Federal courts shall provide to the Attorney General any requested assistance in operating such a system and in ensuring the accuracy and completeness of information included in that system. (3) Report \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that contains— (A) a list of motions filed under section 3600 of title 18, United States Code, as added by this Act; (B) whether DNA testing was ordered pursuant to such a motion; (C) whether the applicant obtained relief on the basis of DNA test results; and (D) whether further proceedings occurred following a granting of relief and the outcome of such proceedings. (4) Additional information \nThe report required to be submitted under paragraph (3) may include any other information the Attorney General determines to be relevant in assessing the operation, utility, or costs of section 3600 of title 18, United States Code, as added by this Act, and any recommendations the Attorney General may have relating to future legislative action concerning that section. (c) Effective date; applicability \nThis section and the amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to any offense committed, and to any judgment of conviction entered, before, on, or after that date of enactment.", "id": "H9720D11836B24BF597749354A8F757EE", "header": "Federal post-conviction DNA testing" }, { "text": "3600. DNA testing \n(a) In general \nUpon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the applicant ), the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or State offense, if— (i) (I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and (II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense; (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004 ; or (B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing; (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a theory of defense that— (A) is not inconsistent with an affirmative defense presented at trial; and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidence— (A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and (B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense; (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice. (b) Notice to the government; preservation order; appointment of counsel \n(1) Notice \nUpon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; and (B) allow the Government a reasonable time period to respond to the motion. (2) Preservation order \nTo the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel \nThe court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B). (c) Testing procedures \n(1) In general \nThe court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation. (2) Exception \nNotwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs \nThe costs of any DNA testing ordered under this section shall be paid— (A) by the applicant; or (B) in the case of an applicant who is indigent, by the Government. (d) Time limitation in capital cases \nIn any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate. (e) Reporting of test results \n(1) In general \nThe results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS \nThe Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as NDIS ). (3) Retention of DNA sample \n(A) Entry into NDIS \nIf the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. (C) No match \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS. (f) Post-testing procedures; inconclusive and inculpatory results \n(1) Inconclusive results \nIf DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results \nIf DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— (A) deny the applicant relief; and (B) on motion of the Government— (i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; (iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence \nIn any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving. (g) Post-testing procedures; motion for new trial or resentencing \n(1) In general \nNotwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. (2) Standard for granting motion for new trial or resentencing \nThe court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of— (A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and (B) in the case of a motion for resentencing, another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding. (h) Other laws unaffected \n(1) Post-conviction relief \nNothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3) Application not a motion \nAn application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255.", "id": "HB8DD285121DC4388A87C58F0F82844BA", "header": "DNA testing" }, { "text": "3600A. Preservation of biological evidence \n(a) In general \nNotwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense. (b) Defined term \nFor purposes of this section, the term biological evidence means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material. (c) Applicability \nSubsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004 ; (3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing. (d) Other preservation requirement \nNothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. (e) Regulations \nNot later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. (f) Criminal penalty \nWhoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both. (g) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.", "id": "H8B9D883FEDBF4BEAAE0094DF2304005D", "header": "Preservation of biological evidence" }, { "text": "412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program \n(a) In general \nThe Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing. (b) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 for each of fiscal years 2005 through 2009 to carry out this section. (c) State defined \nFor purposes of this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.", "id": "H7DA7C927C71E42D091BF934F5F49BAC9", "header": "Kirk Bloodsworth Post-Conviction DNA Testing Grant Program" }, { "text": "413. Incentive grants to States to ensure consideration of claims of actual innocence \nFor each of fiscal years 2005 through 2009, all funds appropriated to carry out sections 303, 305, 307, and 412 shall be reserved for grants to eligible entities that— (1) meet the requirements under section 303, 305, 307, or 412, as appropriate; and (2) demonstrate that the State in which the eligible entity operates— (A) provides post-conviction DNA testing of specified evidence— (i) under a State statute enacted before the date of enactment of this Act (or extended or renewed after such date), to any person convicted after trial and under a sentence of imprisonment or death for a State offense, in a manner that ensures a meaningful process for resolving a claim of actual innocence; or (ii) under a State statute enacted after the date of enactment of this Act, or under a State rule, regulation, or practice, to any person under a sentence of imprisonment or death for a State offense, in a manner comparable to section 3600(a) of title 18, United States Code (provided that the State statute, rule, regulation, or practice may make post-conviction DNA testing available in cases in which such testing is not required by such section), and if the results of such testing exclude the applicant, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise bar such application as untimely; and (B) preserves biological evidence secured in relation to the investigation or prosecution of a State offense— (i) under a State statute or a State or local rule, regulation, or practice, enacted or adopted before the date of enactment of this Act (or extended or renewed after such date), in a manner that ensures that reasonable measures are taken by all jurisdictions within the State to preserve such evidence; or (ii) under a State statute or a State or local rule, regulation, or practice, enacted or adopted after the date of enactment of this Act, in a manner comparable to section 3600A of title 18, United States Code, if— (I) all jurisdictions within the State comply with this requirement; and (II) such jurisdictions may preserve such evidence for longer than the period of time that such evidence would be required to be preserved under such section 3600A.", "id": "HB3DFCA0C7BDB487AB9F8E1E1CA15046D", "header": "Incentive grants to States to ensure consideration of claims of actual innocence" }, { "text": "421. Capital representation improvement grants \n(a) In general \nThe Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases. (b) Defined term \nIn this section, the term legal representation means legal counsel and investigative, expert, and other services necessary for competent representation. (c) Use of funds \nGrants awarded under subsection (a)— (1) shall be used to establish, implement, or improve an effective system for providing competent legal representation to— (A) indigents charged with an offense subject to capital punishment; (B) indigents who have been sentenced to death and who seek appellate or collateral relief in State court; and (C) indigents who have been sentenced to death and who seek review in the Supreme Court of the United States; and (2) shall not be used to fund, directly or indirectly, representation in specific capital cases. (d) Effective system \nAs used in subsection (c)(1), an effective system for providing competent legal representation is a system that— (1) invests the responsibility for appointing qualified attorneys to represent indigents in capital cases— (A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) in an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital representation; or (C) pursuant to a statutory procedure enacted before the date of the enactment of this Act under which the trial judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection committee or similar entity; and (2) requires the program described in paragraph (1)(A), the entity described in paragraph (1)(B), or an appropriate entity designated pursuant to the statutory procedure described in paragraph (1)(C), as applicable, to— (A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases; (B) establish and maintain a roster of qualified attorneys; (C) except in the case of a selection committee or similar entity described in paragraph (1)(C), assign 2 attorneys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation; (D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases; (E) monitor the performance of attorneys who are appointed and their attendance at training programs, and remove from the roster attorneys who fail to deliver effective representation or who fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs; and (F) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated— (i) in the case of a State that employs a statutory procedure described in paragraph (1)(C), in accordance with the requirements of that statutory procedure; and (ii) in all other cases, as follows: (I) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor’s office in the jurisdiction. (II) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases. (III) Non-attorney members of the defense team, including investigators, mitigation specialists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases. (IV) Attorney and non-attorney members of the defense team shall be reimbursed for reasonable incidental expenses.", "id": "H45FC8BF53896481CBC0037C83D07D34", "header": "Capital representation improvement grants" }, { "text": "422. Capital prosecution improvement grants \n(a) In general \nThe Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases. (b) Use of funds \n(1) Permitted uses \nGrants awarded under subsection (a) shall be used for one or more of the following: (A) To design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases. (B) To develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases. (C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case. (D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases. (E) To establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate. (F) To provide support and assistance to the families of murder victims. (2) Prohibited use \nGrants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecution of specific capital cases.", "id": "HC599DCDC4BE74644B251FCE01700124D", "header": "Capital prosecution improvement grants" }, { "text": "423. Applications \n(a) In general \nThe Attorney General shall establish a process through which a State may apply for a grant under this subtitle. (b) Application \n(1) In general \nA State desiring a grant under this subtitle shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2) Contents \nEach application submitted under paragraph (1) shall contain— (A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought; (B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities; (C) a long-term statewide strategy and detailed implementation plan that— (i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and (ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes; (D) in the case of a State that employs a statutory procedure described in section 421(d)(1)(C), a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and (E) assurances that Federal funds received under this subtitle shall be— (i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this subtitle; and (ii) allocated in accordance with section 426(b).", "id": "HFB09B06426C6487083BEFAEB5AB8E94", "header": "Applications" }, { "text": "424. State reports \n(a) In general \nEach State receiving funds under this subtitle shall submit an annual report to the Attorney General that— (1) identifies the activities carried out with such funds; and (2) explains how each activity complies with the terms and conditions of the grant. (b) Capital representation improvement grants \nWith respect to the funds provided under section 421, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) an explanation of the means by which the State— (A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in section 421(d)(1)(A), an entity described in section 421(d)(1)(B), or selection committee or similar entity described in section 421(d)(1)(C); and (B) requires such program, entity, or selection committee or similar entity, or other appropriate entity designated pursuant to the statutory procedure described in section 421(d)(1)(C), to— (i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with section 421(d)(2)(A); (ii) establish and maintain a roster of qualified attorneys in accordance with section 421(d)(2)(B); (iii) assign attorneys from the roster in accordance with section 421(d)(2)(C); (iv) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with section 421(d)(2)(D); (v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with section 421(d)(2)(E); and (vi) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with section 421(d)(2)(F), including a statement setting forth— (I) if the State employs a public defender program under section 421(d)(1)(A), the salaries received by the attorneys employed by such program and the salaries received by attorneys in the prosecutor’s office in the jurisdiction; (II) if the State employs appointed attorneys under section 421(d)(1)(B), the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated; (III) the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and (IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses; (3) in the case of a State that employs a statutory procedure described in section 421(d)(1)(C), an assessment of the extent to which the State is in compliance with the requirements of the applicable State statute; and (4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds. (c) Capital prosecution improvement grants \nWith respect to the funds provided under section 422, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) a description of the means by which the State has— (A) designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with section 422(b)(1)(A); (B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(B); (C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(C); (D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with section 422(b)(1)(D); (E) established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with section 422(b)(1)(E); and (F) provided support and assistance to the families of murder victims; and (3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds. (d) Public disclosure of annual State reports \nThe annual reports to the Attorney General submitted by any State under this section shall be made available to the public.", "id": "HC27E3BA90F4A4D59956C69FB90DB4B2B", "header": "State reports" }, { "text": "425. Evaluations by Inspector General and administrative remedies \n(a) Evaluation by Inspector General \n(1) In general \nAs soon as practicable after the end of the first fiscal year for which a State receives funds under a grant made under this title, the Inspector General of the Department of Justice (in this section referred to as the Inspector General ) shall— (A) after affording an opportunity for any person to provide comments on a report submitted under section 424, submit to Congress and to the Attorney General a report evaluating the compliance by the State with the terms and conditions of the grant; and (B) if the Inspector General concludes that the State is not in compliance with the terms and conditions of the grant, specify any deficiencies and make recommendations for corrective action. (2) Priority \nIn conducting evaluations under this subsection, the Inspector General shall give priority to States that the Inspector General determines, based on information submitted by the State and other comments provided by any other person, to be at the highest risk of noncompliance. (3) Determination for statutory procedure States \nFor each State that employs a statutory procedure described in section 421(d)(1)(C), the Inspector General shall submit to Congress and to the Attorney General, not later than the end of the first fiscal year for which such State receives funds, after affording an opportunity for any person to provide comments on a certification submitted under section 423(b)(2)(D), a determination as to whether the State is in substantial compliance with the requirements of the applicable State statute. (b) Administrative review \n(1) Comment \nUpon receiving the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall provide the State with an opportunity to comment regarding the findings and conclusions of the report or the determination. (2) Corrective action plan \nIf the Attorney General, after reviewing the report under subsection (a)(1) or the determination under subsection (a)(3), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does not agree to a plan for corrective action that has been approved by the Attorney General within 90 days after the submission of the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall, within 30 days, direct the State to take corrective action to bring the State into compliance. (3) Report to Congress \nNot later than 90 days after the earlier of the implementation of a corrective action plan or a directive to implement such a plan under paragraph (2), the Attorney General shall submit a report to Congress as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant. (c) Penalties for noncompliance \nIf the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under sections 421 and 422 and require the State to return the funds granted under such sections for that fiscal year. Nothing in this paragraph shall prevent a State which has been subject to penalties for noncompliance from reapplying for a grant under this subtitle in another fiscal year. (d) Periodic reports \nDuring the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant. (e) Administrative costs \nNot less than 2.5 percent of the funds appropriated to carry out this subtitle for each of fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended. (f) Special rule for statutory procedure States not in substantial compliance with statutory procedures \n(1) In general \nIn the case of a State that employs a statutory procedure described in section 421(d)(1)(C), if the Inspector General submits a determination under subsection (a)(3) that the State is not in substantial compliance with the requirements of the applicable State statute, then for the period beginning with the date on which that determination was submitted and ending on the date on which the Inspector General determines that the State is in substantial compliance with the requirements of that statute, the funds awarded under this subtitle shall be allocated solely for the uses described in section 421. (2) Rule of construction \nThe requirements of this subsection apply in addition to, and not instead of, the other requirements of this section.", "id": "HFFAF532E68EB4DF3B3D400C0BA005244", "header": "Evaluations by Inspector General and administrative remedies" }, { "text": "426. Authorization of appropriations \n(a) Authorization for grants \nThere are authorized to be appropriated $100,000,000 for each of fiscal years 2005 through 2009 to carry out this subtitle. (b) Restriction on use of funds to ensure equal allocation \nEach State receiving a grant under this subtitle shall allocate the funds equally between the uses described in section 421 and the uses described in section 422, except as provided in section 425(f).", "id": "H9B8BA6E23E3C41A68C68E3BAB9AEBD3", "header": "Authorization of appropriations" }, { "text": "431. Increased compensation in Federal cases for the wrongfully convicted \nSection 2513(e) of title 28, United States Code, is amended by striking exceed the sum of $5,000 and inserting exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff.", "id": "HC72F77843C734856B518C9CA1FFADFA5", "header": "Increased compensation in Federal cases for the wrongfully convicted" }, { "text": "432. Sense of Congress regarding compensation in State death penalty cases \nIt is the sense of Congress that States should provide reasonable compensation to any person found to have been unjustly convicted of an offense against the State and sentenced to death.", "id": "H054DCF48A20246E8B8604EB2AB1EDC16", "header": "Sense of Congress regarding compensation in State death penalty cases" } ]

[ { "text": "1. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Table of contents Title I—National Oceanic and Atmospheric Administration Sec. 101. Short title Sec. 102. Definitions Sec. 103. National Oceanic and Atmospheric Administration Sec. 104. Administration leadership Sec. 105. National Weather Service Sec. 106. Operations and services Sec. 107. Research and education Sec. 108. Science Advisory Board Sec. 109. Reports Sec. 110. Effect of Reorganization Plan Title II—Authorization of appropriations Sec. 201. Short title Sec. 202. Authorization of appropriations Title III—Coastal Ocean Science Program Sec. 301. Short title Sec. 302. Coastal Ocean Science Program Title IV—Marine research Sec. 401. Short title Sec. 402. Purposes Sec. 403. Interagency marine research program Sec. 404. National Oceanic and Atmospheric Administration Marine Research Initiative Sec. 405. Authorization of appropriations Title V—Ocean and coastal observation systems Sec. 501. Short title Sec. 502. Purposes Sec. 503. Integrated ocean and coastal observing system Sec. 504. Interagency financing Sec. 505. Great Lakes Sec. 506. Authorization of appropriations Title VI—Abrupt climate change Sec. 601. Short title Sec. 602. Abrupt climate change research program Sec. 603. Authorization of appropriations Title VII—United States Weather Research Program Sec. 701. Short title Sec. 702. Program focus Sec. 703. Program research priorities Sec. 704. Interagency planning and process Sec. 705. Reporting requirements Sec. 706. Authorization of appropriations", "id": "HF2B32D2FEEF54611A5004677CFE49EFA", "header": "Table of contents" }, { "text": "101. Short title \nThis title may be cited as the National Oceanic and Atmospheric Administration Act.", "id": "HFFA99ACBDDDD45889713EC562EFC5000", "header": "Short title" }, { "text": "102. Definitions \nIn this title: (1) The term Administration means the National Oceanic and Atmospheric Administration. (2) The term Secretary means the Secretary of Commerce. (3) The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.", "id": "H9D68B6490277473A88DC74C673AFD166", "header": "Definitions" }, { "text": "103. National Oceanic and Atmospheric Administration \n(a) In general \nThere shall be in the Department of Commerce an agency known as the National Oceanic and Atmospheric Administration. (b) Mission \nThe mission of the Administration is to understand and predict changes in the Earth’s ocean and atmosphere and the effects of such changes on the land environment, to conserve and manage coastal, ocean, and Great Lakes ecosystems to meet national economic, social, and environmental needs, and to educate the public about these topics. (c) Functions \nThe functions of the Administration shall include— (1) collecting, through observation and other means, communicating, analyzing, processing, providing, and disseminating comprehensive scientific data and information about weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, and upper reaches of estuaries; (2) operating and maintaining a system for the storage, retrieval, and dissemination of data relating to weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, and upper reaches of estuaries; (3) conducting and supporting basic and applied research and development of technology as may be necessary to carry out the functions described in this subsection; (4) issuing weather, water, climate, and space weather forecasts and warnings; (5) coordinating efforts of Federal agencies in support of national and international programs with respect to meteorological services; (6) coordinating weather research activities of Federal agencies, as provided by law; (7) understanding the science of Earth’s climate and related systems, and undertaking research, development, and demonstration to enhance society’s ability to plan and respond to climate variability and change; (8) protecting, restoring, and managing the use of the coasts, oceans, and Great Lakes through ecosystem-based research, development, demonstration, and management; (9) coordinating efforts of Federal agencies in support of national and international programs with respect to integrated Earth observing systems; (10) administering public outreach and education programs and services to increase scientific and environmental literacy about weather and climate, solar and geophysical events on the Sun and in the space environment, and the coasts, oceans, Great Lakes, and upper reaches of estuaries; (11) cooperating, in consultation with the Secretary of State, with international organizations and scientists in bilateral and multilateral research, development, conservation, and service programs related to coastal, ocean, and Great Lakes issues; and (12) any other function assigned to the Administration by law.", "id": "HE7EA341C0534459887175E223941E6AB", "header": "National Oceanic and Atmospheric Administration" }, { "text": "104. Administration leadership \n(a) Administrator \n(1) In general \nThere shall be, as the Administrator of the Administration, an Under Secretary of Commerce for Oceans and Atmosphere. The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule. (2) Functions \nThe Administrator shall perform such functions and exercise such powers with respect to the Administration as the Secretary may prescribe, including— (A) general management; (B) policy development and guidance; (C) budget formulation, guidance, and execution; and (D) serving as the Department of Commerce official for all ocean and atmosphere issues with other elements of the Department of Commerce and with other Federal agencies, State, tribal, and local governments, and the public. (3) Delegation of authority \nThe Administrator may, except as otherwise prohibited by law— (A) delegate any functions, powers, or duties of the Administrator to such officers and employees of the Administration as the Administrator may designate; and (B) authorize such successive redelegations of such functions, powers, or duties within the Administration as the Administrator considers necessary or appropriate. (b) Assistant secretary for oceans and atmosphere \n(1) In general \nThere shall be, as Deputy Administrator of the Administration, an Assistant Secretary of Commerce for Oceans and Atmosphere. The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be the Administrator’s first assistant for purposes of subchapter III of chapter 33 of title 5, United States Code. The Assistant Secretary shall be paid at the rate of basic pay for level IV of the Executive Schedule. (2) Functions \nThe Assistant Secretary shall perform such functions and exercise such powers as the Secretary or Administrator may prescribe and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. (c) Deputy Under Secretary for Oceans and Atmosphere \n(1) In general \nThere shall be in the Administration a Deputy Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary shall be appointed by the Secretary. The position of Deputy Under Secretary shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Under Secretary— (A) shall serve as an advisor to the Administrator on all program and policy issues; (B) shall ensure the timely and effective implementation of Administration policies and objectives; (C) in the absence or disability of the Assistant Secretary, or in the event of a vacancy in such position, shall act in that position; and (D) shall perform such other duties as the Secretary or Administrator shall prescribe. (d) Deputy assistant secretary for oceans and atmosphere \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for Oceans and Atmosphere. The Deputy Assistant Secretary for Oceans and Atmosphere shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Oceans and Atmosphere shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for Oceans and Atmosphere— (A) shall serve as an advisor to the Administrator on program and policy issues related to environmental policy, strategic planning, and program analysis; (B) shall ensure the timely and effective implementation of Administration policies and objectives related to environmental policy, strategic planning, and program analysis; and (C) shall perform such other duties as the Secretary or Administrator shall prescribe. (e) Deputy assistant secretary for international affairs \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for International Affairs. The Deputy Assistant Secretary for International Affairs shall be appointed by the Secretary. The position of Deputy Assistant Secretary for International Affairs shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for International Affairs— (A) shall serve as an advisor to the Administrator on program and policy issues related to coordination of United States policy with respect to international oceanic and atmospheric matters, and shall focus on international environmental issues critical to the United States; (B) shall participate in international negotiations concerning oceanic and atmospheric matters; and (C) shall perform such other duties as the Secretary or Administrator shall prescribe. (f) Deputy assistant secretary for science and technology \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for Science and Technology, who shall coordinate and oversee the science and technology activities of the Administration and ensure that Administration decisions are informed by the results of appropriate and relevant research. The Deputy Assistant Secretary for Science and Technology shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Science and Technology shall be a Senior Executive Service career reserved position as defined in section 3132(a)(8) of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for Science and Technology shall— (A) coordinate research and development activities across the Administration, including coordination of research and development budgets; (B) advise the Administrator on how programs can be transitioned from research to operational use; (C) provide advice to the Administrator regarding science and technology issues and their relationship to Administration policies, procedures, and decisions; (D) participate in developing the Administration’s strategic plans and policies and review the science and technology aspects of those plans and policies; (E) develop and oversee guidelines for the dissemination of research and development results conducted, sponsored, or cited by the Administration to the public; (F) develop and oversee guidelines for peer review of science and technology research sponsored by the Administration; (G) oversee implementation of the strategic plan for science and technology research, development, and demonstration required under section 109(b); (H) oversee management of research laboratories in the Administration; and (I) perform such other duties as the Secretary or Administrator shall prescribe. (3) Qualifications \nAn individual appointed under paragraph (1) shall be a person who has an outstanding science and technology background, including research accomplishments, scientific reputation, and public policy experience. (4) Consultation \nBefore appointing an individual under paragraph (1), the Secretary shall consult with the National Academy of Sciences, the Science Advisory Board of the Administration, and other appropriate scientific organizations. (g) General counsel \n(1) In general \nThere shall be in the Administration a General Counsel. The General Counsel shall be appointed by the Secretary. The General Counsel shall be paid at the rate of basic pay for level V of the Executive Schedule. (2) Functions \nThe General Counsel— (A) shall serve as the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and (B) shall perform such other functions and exercise such powers as the Secretary or Administrator may prescribe. (h) Continuation of service \nAny individual serving on the date of enactment of this Act in a position provided for in this Act may continue to serve in that position until a successor is appointed under this Act. Nothing in this title shall be construed to require the appointment of a successor under this Act sooner than would have been required under law as in effect before the date of enactment of this Act.", "id": "H5AC4E61658FB44778072E21D051747EE", "header": "Administration leadership" }, { "text": "105. National Weather Service \n(a) In general \nThe Secretary shall maintain within the Administration a National Weather Service. (b) Mission \nThe mission of the National Weather Service is to provide weather, water, and climate forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy. (c) Goals \nThe goals of the National Weather Service shall include— (1) to provide timely and accurate weather, water, climate, and space weather forecasts; and (2) to provide timely and accurate warnings of weather, water, and climate natural hazards, and of space weather hazards. (d) Functions \nThe functions of the National Weather Service shall include— (1) maintaining a network of regional and local weather forecast offices; (2) maintaining a network of observation systems to collect weather and climate data; (3) operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, and space weather phenomena for the Administration and the public; (4) conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and (5) such other functions to serve the mission of the National Weather Service as the Administrator may prescribe. (e) Public-private partnerships \nNot less than once every 5 years, the Secretary shall develop and submit to Congress a policy that defines processes for making decisions about the roles of the National Weather Service and the private sector in providing weather and climate related products, technologies, and services. The first such policy shall be completed not less than 12 months after the date of enactment of this Act. At least 90 days before submitting the policy to Congress, the Secretary shall publish the policy in the Federal Register for a public comment period of not less than 60 days.", "id": "H91A2DF47EBC540D2B48C56FE6E238CB3", "header": "National Weather Service" }, { "text": "106. Operations and services \n(a) In general \nThe Secretary shall maintain within the Administration operational and service programs to support routine data collection and direct services and products regarding satellite, observations, and coastal, ocean, and Great Lakes information. (b) Functions \nTo support the mission described in section 102(b), and in addition to the functions described in section 102(c), the operations and service functions of the Administration shall include— (1) acquiring, managing, and operating coastal, ocean, and Great Lakes observing systems; (2) ensuring the availability of a global Earth-observing system, integrating remote sensing and in situ assets that provide critical data needed to support the mission of the Administration, and providing that data to decisionmakers and the public; (3) developing, acquiring, and managing operational environmental satellite constellations and associated ground control and data acquisition facilities to support the mission of the Administration; (4) managing and distributing atmospheric, geophysical, and marine data and data products for the Administration through national environmental data centers; (5) providing for long-term stewardship of environmental data, products, and information via data processing, storage, and archive facilities; (6) promoting widespread availability of environmental data and information through full and open access and exchange to the greatest extent possible; (7) issuing licenses for private remote sensing space systems under the Land Remote Sensing Policy Act of 1992; (8) administering a national water level observation network, which shall include monitoring of the Great Lakes; (9) providing charts and other information for safe navigation of the oceans and inland waters, as provided by law; and (10) such other functions to serve the operations and services mission of the Administration as the Administrator may prescribe.", "id": "H715BB05EF2A4455797B246A14C639F13", "header": "Operations and services" }, { "text": "107. Research and education \n(a) In general \nThe Secretary shall maintain within the Administration programs to conduct and support research and education and the development of technologies relating to weather, climate, and the coasts, oceans, and Great Lakes. (b) Functions \nTo support the mission described in section 102(b), and in addition to the functions described in section 102(c), the research and education functions of the Administration shall include— (1) conducting and supporting research and development of technology to improve the Administration’s capabilities in collecting, through observation and otherwise, communicating, analyzing, processing, providing, and disseminating comprehensive scientific data and information about weather, climate, and the coasts, oceans, and Great Lakes; (2) improving environmental prediction and management capabilities through ecosystem-based research and development; (3) improving knowledge of Earth’s climate and related systems through research and observation for decision support; (4) reducing uncertainty in projections of how the Earth’s climate and related systems may change in the future; (5) fostering the public’s ability to understand and integrate scientific information into considerations of national environmental issues through education and public outreach activities; (6) administering the National Sea Grant College Program Act; (7) conducting and supporting research and development of technology for exploration of the oceans; (8) maintaining a system of laboratories to perform the functions described in this subsection; (9) supporting extramural peer-reviewed competitive grant programs to assist the Administration in performing the functions described in this subsection; and (10) such other functions to serve the research and education mission of the Administration as the Administrator may prescribe.", "id": "H0EEA3DF0B4754D60AC48664C93D3466E", "header": "Research and education" }, { "text": "108. Science Advisory Board \n(a) In general \nThere shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Commerce, Science and Transportation of the Senate, or the Committee on Science or on Resources of the House of Representatives. (b) Purpose \nThe purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment and prediction. (c) Members \n(1) In general \nThe Science Advisory Board shall consist of not more than 15 members appointed by the Administrator to ensure a balanced representation among preeminent scientists, engineers, educators, industry, and science policy experts reflecting the full breadth of the Administration’s areas of responsibility. (2) Terms of service \nMembers shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than one year. (3) Chairperson \nThe Administrator shall designate a chairperson from among the members of the Board. (4) Appointment \nMembers of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code. (5) Criteria for selection \nThe Administrator shall develop and apply standard criteria, in accordance with applicable Department of Commerce guidance, for the selection of members of the Science Advisory Board. (d) Administrative provisions \n(1) Reporting \nThe Science Advisory Board shall report to the Administrator and the appropriate requesting party. (2) Administrative support \nThe Administrator shall provide administrative support to the Science Advisory Board. (3) Meetings \nThe Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson. (4) Compensation and expenses \nA member of the Science Advisory Board shall not be compensated for service on such board, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (5) Subcommittees \nThe Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary. (e) Expiration \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board.", "id": "HB5C5EAA5746749799EC52707C4C9A014", "header": "Science Advisory Board" }, { "text": "109. Reports \n(a) Report on data management, archival, and distribution \nNot later than 1 year after the date of enactment of this Act the Secretary shall develop and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report on the environmental data and information systems of the Administration. The report shall include— (1) an assessment of the adequacy of the environmental data and information systems of the Administration to— (A) provide adequate capacity to manage, archive and disseminate environmental information collected and processed, or expected to be collected and processed, by the Administration and other appropriate departments and agencies; (B) establish, develop, and maintain information bases, including necessary management systems, which will provide for consistent, efficient, and compatible transfer and use of data; (C) develop effective interfaces among the environmental data and information systems of the Administration and other appropriate departments and agencies; (D) develop and use nationally accepted formats and standards for data collected by various national and international sources; and (E) integrate and interpret data from different sources to produce information that can be used by decisionmakers in developing policies that effectively respond to national and global environmental concerns; and (2) a strategic plan to— (A) set forth modernization and improvement objectives for an integrated national environmental data access and archive system for the 10 year period beginning with the year in which the plan is transmitted, including facility requirements and critical new technology components that would be necessary to meet the objectives set forth; (B) propose specific Administration programs and activities for implementing the plan; (C) identify the data and information management, archival, and distribution responsibilities of the Administration with respect to other Federal departments and agencies and international organizations; and (D) provide an implementation schedule and estimate funding levels necessary to achieve modernization and improvement objectives. (b) Strategic plan for scientific research \nNot later than 1 year after the date of enactment of this Act the Secretary shall develop and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a strategic plan for science and technology research, development, and demonstration at the Administration. The plan shall include an assessment of the science and technology needs of the Administration and a strategic plan for coordinating research, development, and demonstration activities across the Administration to effectively meet those needs.", "id": "H8851B7DE83D649DDB506E149F20A602", "header": "Reports" }, { "text": "110. Effect of Reorganization Plan \nReorganization Plan No. 4 of 1970 shall have no further force and effect.", "id": "H6B3DF5AE6CE347D1B57DF327746345E3", "header": "Effect of Reorganization Plan" }, { "text": "201. Short title \nThis title may be cited as the National Oceanic and Atmospheric Administration Authorization Act of 2004.", "id": "H9B240BBB61AF4C24ACC711289E49016C", "header": "Short title" }, { "text": "202. Authorization of appropriations \nThere are authorized to be appropriated to the Administrator— (1) for Program Support— (A) $300,000,000 for fiscal year 2005; (B) $306,000,000 for fiscal year 2006; and (C) $312,000,000 for fiscal year 2007; (2) for the National Ocean Service— (A) $490,000,000 for fiscal year 2005; (B) $500,000,000 for fiscal year 2006; and (C) $510,000,000 for fiscal year 2007; (3) for the Office of Oceanic and Atmospheric Research— (A) $414,000,000 for fiscal year 2005; (B) $422,000,000 for fiscal year 2006; and (C) $430,000,000 for fiscal year 2007; (4) for the National Weather Service— (A) $836,000,000 for fiscal year 2005; (B) $853,000,000 for fiscal year 2006; and (C) $870,000,000 for fiscal year 2007; (5) for the National Environmental Satellite Data and Information Service— (A) $897,000,000 for fiscal year 2005; (B) $915,000,000 for fiscal year 2006; and (C) $933,000,000 for fiscal year 2007; and (6) for the Office of Program Planning and Integration— (A) $2,000,000 for fiscal year 2005; (B) $2,000,000 for fiscal year 2006; and (C) $2,000,000 for fiscal year 2007.", "id": "H8256E98C1AE247C4AB19046DE19B433B", "header": "Authorization of appropriations" }, { "text": "301. Short title \nThis title may be cited as the Coastal Ocean Science Program Act of 2004.", "id": "H1BFA1C2389F64117AD74913152A873D7", "header": "Short title" }, { "text": "302. Coastal Ocean Science Program \nSection 201(c) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 is amended to read as follows: (c) Coastal ocean science program \n(1) In general \nThere shall be in the National Oceanic and Atmospheric Administration a Coastal Ocean Science Program that supports Great Lakes, estuarine, and coastal ocean research and assessment through competitive, peer-reviewed research programs. (2) Program elements \nThe Coastal Ocean Science Program shall augment and integrate existing research capabilities of the National Oceanic and Atmospheric Administration, other Federal agencies, and the academic community. Research shall be conducted to improve predictions of ecosystem trends in coastal, ocean, and Great Lakes ecosystems, and upper reaches of estuaries; to better conserve and manage coastal, ocean, and Great Lakes ecosystems; to improve predictions of effects of coastal and Great Lakes pollution to help correct and prevent environmental degradation; to improve understanding and characterization of the role oceans play in global climate and environmental analysis; and to improve predictions of coastal hazards to protect human life, personal property, and ecosystem function. (3) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for implementing the Coastal Ocean Science Program such sums as may be necessary for each of fiscal years 2005 through 2008..", "id": "H0B7BEFC0169A4649A17CFCA200AF8792", "header": "Coastal Ocean Science Program" }, { "text": "401. Short title \nThis title may be cited as the Marine Research Act.", "id": "H5C3DA4D5456F470DBFA7A0AFBCAF412", "header": "Short title" }, { "text": "402. Purposes \nThe purposes of this title are to provide for— (1) Presidential support and coordination of interagency marine research programs; and (2) development and coordination of a comprehensive and integrated United States ocean, coastal, and Great Lakes research and monitoring program that will assist this Nation and the world to understand, use, and respond to the interactions of humans and the marine environment.", "id": "H297B95EDF101494B8FCA8CD7F995FBCE", "header": "Purposes" }, { "text": "403. Interagency marine research program \n(a) Coordination \nThe President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the interactions of humans and the marine environment. (b) Implementation plan \nWithin 1 year after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy, shall develop and submit to the Congress a plan for coordinated Federal activities under the program. Nothing in this subsection is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). In developing the plan, the National Science and Technology Council shall consult with the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan shall build on and complement the ongoing activities of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other departments and agencies, and shall— (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between humans and the marine environment, provide usable information for the protection of human life, and use the biological potential of the oceans for development of new products; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Commission on Ocean Policy, and other expert scientific bodies; and (5) estimate Federal funding for research activities to be conducted under the program. (c) Program scope \nThe program may include the following activities related to the interaction of humans and the marine environment: (1) Interdisciplinary research among the ocean and biological sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect human life and to explore the potential contribution of marine organisms to medicine and research. (2) Coordination with the National Ocean Research Leadership Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean and coastal observing system provides information necessary to support the program described in this section, including detection of contaminants in marine waters and seafood. (3) Development through partnerships among Federal agencies, States, or academic institutions of new technologies and approaches for detecting and reducing hazards to human life from ocean sources and to strengthen understanding of the value of marine biodiversity. (4) Support for scholars, trainees, and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans.", "id": "HAD790E2024C1482DA242A14C3CA69120", "header": "Interagency marine research program" }, { "text": "404. National Oceanic and Atmospheric Administration Marine Research Initiative \n(a) Establishment \nAs part of the interagency program planned and coordinated under section 403, the Secretary of Commerce is authorized to establish a Marine Research Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the program. The Marine Research Initiative is authorized to provide support for— (1) centralized program and research coordination; (2) one or more National Oceanic and Atmospheric Administration national centers of excellence; (3) research grants; and (4) distinguished scholars and traineeships. (b) National centers \n(1) The Secretary is authorized to identify and provide financial support for, through a competitive process to develop within the National Oceanic and Atmospheric Administration, one or more centers of excellence that strengthen the capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the Marine Research Initiative. (2) The center or centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, seafood testing, and biology and pathobiology of marine mammals, and on disciplines including marine genomics, marine environmental microbiology, and ecological chemistry. (3) In selecting centers for funding, the Secretary shall give priority to proposals with strong interdisciplinary scientific merit that encourage educational opportunities and provide for effective partnerships among the National Oceanic and Atmospheric Administration, other Federal entities, and State, academic, and industry participants. (c) Extramural research grants \n(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research and projects that explore the interaction of humans and the marine environment and that complement or strengthen programs and activities of the National Oceanic and Atmospheric Administration. Officers and employees of Federal agencies may collaborate with, and participate in, such research and projects to the extent requested by the grant recipient. (2) Grants under this subsection shall be awarded through a competitive peer-reviewed process that may be conducted jointly with other agencies participating in the interagency program established in section 403. (d) Distinguished scholars and traineeships \n(1) The Secretary of Commerce is authorized to designate and provide financial assistance to support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with National Oceanic and Atmospheric Administration scientists and facilities. (2) The Secretary of Commerce is authorized to establish a program to provide traineeships, training, and experience to predoctoral and postdoctoral students and to scientists at the beginning of their careers who are interested in research on the interaction of humans and the marine environment conducted under the National Oceanic and Atmospheric Administration initiative.", "id": "H69D7E69A81AB48689B7ECF12C71CE47F", "header": "National Oceanic and Atmospheric Administration Marine Research Initiative" }, { "text": "405. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Marine Research Initiative established under section 404, $8,000,000 for each of fiscal years 2005 through 2008. Not less than 50 percent of the amounts appropriated to carry out the Initiative for each fiscal year shall be utilized to support the programs described in subsections (c) and (d) of section 404.", "id": "H6FCFABF708394034915FC5234DD14636", "header": "Authorization of appropriations" }, { "text": "501. Short title \nThis title may be cited as the Ocean and Coastal Observation Systems Act.", "id": "H8A831B6AF0CB4F0FA2006273E0123157", "header": "Short title" }, { "text": "502. Purposes \nThe purposes of this title are to provide for— (1) development and maintenance of an integrated system that provides for sustained ocean and coastal observations from in situ, remote, and vessel platforms, and that promotes improved comprehensive scientific data and information about the ocean and coastal environment; and (2) implementation of a data and information system required by all components of an integrated ocean and coastal observing system and related research.", "id": "H7600CA2D46AB4EFAB1C2F5CDF3CD183", "header": "Purposes" }, { "text": "503. Integrated ocean and coastal observing system \n(a) Establishment \nThe President, through the National Oceanic and Atmospheric Administration, shall establish and maintain an integrated system of marine monitoring, data communication and management, data analysis, and research designed to provide data and information for the rapid and timely detection and prediction of changes occurring in the ocean and coastal environment that impact the Nation’s social, economic, and ecological systems. Such an integrated ocean and coastal observing system shall provide for long-term and continuous observations of the oceans and coasts for the following purposes: (1) Improving weather forecasts and public warnings of natural disasters and coastal hazards and mitigating such disasters and hazards. (2) Understanding, assessing, and responding to human-induced and natural processes of global change. (3) Conducting focused research to enhance the national understanding of coastal and global ocean systems. (4) Providing information that contributes to public awareness of the condition and importance of the oceans. (b) Functions \nIn carrying out responsibilities under this section, the National Oceanic and Atmospheric Administration shall— (1) serve as the lead entity providing oversight of Federal ocean and coastal observing requirements and activities; (2) adopt and maintain plans for the design, operation, and improvement of such system; (3) coordinate and administer a program of research and development to support the operation of an integrated ocean and coastal observing system and advance the understanding of the oceans; (4) establish a joint operations center to be maintained in conjunction with other Federal agencies; (5) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs and in consultation with the Secretary of State to coordinate relevant Federal activities with those of other nations; (6) promote collaboration among regional coastal observing systems established pursuant to subsection (d); (7) prepare annual and long-term plans for the design and implementation of an integrated ocean and coastal observing system, including the regional coastal observing systems and taking into account the science and technology advances considered ready for operational status; (8) identify requirements for a common set of measurements to be collected and distributed; (9) establish standards and protocols for quality control and data management and communications, in consultation with the Joint Operations Center established pursuant to subsection (c); and (10) work with regional coastal observing entities, the National Sea Grant College Program, and other bodies as needed to assess user needs, develop data products, make effective use of existing capabilities, and incorporate new technologies, as appropriate. (c) Joint operations center \nThe Administrator of the National Oceanic and Atmospheric Administration, in conjunction with the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Under Secretary for Science and Technology of the Department of Homeland Security, and any other Federal agent the President considers appropriate, shall operate and maintain a joint operations center— (1) to acquire, integrate, and deploy required technologies and provide support for an ocean and coastal observing system based on annual long-term plans, developed by the National Oceanic and Atmospheric Administration; (2) to implement standards and protocols for quality control and data management and communications; (3) to migrate science and technology advancements from research and development to operational deployment based on the annual and long-term plans; (4) to integrate and extend existing programs into an operating ocean and coastal observing system based on the annual and long-term plans; (5) to coordinate the data communication and management system; and (6) to certify that regional coastal observing systems meet the standards established in subsection (d) and to ensure a periodic process for review and recertification of the regional coastal observing systems. (d) Regional coastal observing systems \n(1) In general \nThe Administrator of the National Oceanic and Atmospheric Administration, through the Joint Operations Center, shall work with representatives of entities in each region that provide ocean data and information to users to form regional associations. The regional associations shall be responsible for the development and operation of observing systems in the coastal regions extending to the seaward boundary of the United States Exclusive Economic Zone, including the Great Lakes. Participation in a regional association may consist of legal entities, including research institutions, institutions of higher learning, for-profit corporations, nonprofit corporations, State, local, and regional agencies, and consortia of 2 or more such institutions or organizations, that— (A) have demonstrated an organizational structure capable of supporting and integrating all aspects of a coastal ocean observing system within a region or subregion; and (B) have prepared an acceptable business plan, including research components, and gained documented acceptance of their intended regional or subregional jurisdiction by users and other parties of interest within the region or subregion with the objectives of— (i) delivering an integrated and sustained system that meets national goals; (ii) incorporating into the system existing and appropriate regional observations collected by Federal, State, regional, or local agencies; (iii) responding to the needs of the users, including the public, within the region; (iv) maintaining sustained, 24-hour-a-day operations and disseminating observations in a manner that is routine, predictable and, if necessary, in real-time or near real-time; (v) providing services that include the collection and dissemination of data and data management for timely access to data and information; (vi) creating appropriate products that are delivered in a timely fashion to the public and others who use, or are affected by, the oceans; (vii) providing free and open access to the data collected with financial assistance under this title; and (viii) adhering to national standards and protocols to ensure that data and related products can be fully exchanged among all of the regional coastal systems and will be accessible to any user in any part of the Nation. (2) Civil liability \nFor purposes of determining the civil liability under section 2671 of title 28, United States Code, any regional observing system and any employee thereof that is designated part of a regional association under this subsection shall be deemed to be an instrumentality of the United States with respect to any act or omission committed by any such system or any employee thereof in fulfilling the purposes of this title. (e) Pilot projects \n(1) In general \nThe Administrator, in consultation with the Joint Operations Center, may initiate pilot projects. A pilot project is an organized, planned set of activities designed to provide an evaluation of technology, methods, or concepts within a defined schedule and having the goal of advancing the development of the sustained, integrated ocean observing system. The pilot projects shall— (A) develop protocols for coordinated implementation of the full system; (B) design and implement regional coastal ocean observing systems; (C) establish mechanisms for the exchange of data between and among regions and Federal agencies; (D) specify products and services and related requirements for observations, data management, and analysis in collaboration with user groups; and (E) develop and test new technologies and techniques to more effectively meet the needs of users of the system. (2) Infrastructure capital projects \nThe pilot projects shall include one or more projects to capitalize the infrastructure for the collection, management, analysis, and distribution of data and one or more projects where the basic infrastructure and institutional mechanisms already exist for ongoing coastal observations, to fund the operations necessary for the collection of the common set of observations.", "id": "H4056B3E292F449F5AE3572649B9BA932", "header": "Integrated ocean and coastal observing system" }, { "text": "504. Interagency financing \nThe departments and agencies represented on the joint operations center are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any member of the joint operations center for the purposes of carrying out any administrative or programmatic project or activity under this title.", "id": "HC77A96CB3ABB458B8E89E503A4B3224", "header": "Interagency financing" }, { "text": "505. Great Lakes \nProvisions of this title relating to ocean and coastal areas shall also apply to the Great Lakes.", "id": "HD144854D812E4212AE90F483E8AC75AF", "header": "Great Lakes" }, { "text": "506. Authorization of appropriations \n(a) Observing system authorization \nFor development and implementation of an integrated ocean and coastal observing system under section 503, including financial assistance to regional coastal ocean observing systems and in addition to any amounts previously authorized, there are authorized to be appropriated to— (1) the National Oceanic and Atmospheric Administration, such sums as may be necessary; (2) the National Science Foundation, such sums as may be necessary; (3) the National Aeronautics and Space Administration, such sums as may be necessary; and (4) other Federal agencies with operational coastal or ocean monitoring systems or which provide funds to States for such systems, such sums as may be necessary. (b) Regional coastal observing systems \nThe Administrator of the National Oceanic and Atmospheric Administration shall make at least 51 percent of the funds appropriated pursuant to subsection (a)(1) available as grants for the development and implementation of the regional coastal observing systems based on the plans adopted by the Council, which may be used to leverage non-Federal funds.", "id": "HD0B400A6D56747CDA186A8C89E006C44", "header": "Authorization of appropriations" }, { "text": "601. Short title \nThis title may be cited as the Abrupt Climate Change Research Act of 2004.", "id": "HAE36440082304E658F428CEAD431C723", "header": "Short title" }, { "text": "602. Abrupt climate change research program \n(a) Establishment of program \nThe Secretary of Commerce shall establish within the National Oceanic and Atmospheric Administration, and shall carry out, a program of scientific research on abrupt climate change. (b) Purposes of program \nThe purposes of the program are as follows: (1) To develop a global array of terrestrial and oceanographic indicators of paleoclimate in order to sufficiently identify and describe past instances of abrupt climate change. (2) To improve understanding of thresholds and nonlinearities in geophysical systems related to the mechanisms of abrupt climate change. (3) To incorporate such mechanisms into advanced geophysical models of climate change. (4) To test the output of such models against an improved global array of records of past abrupt climate changes. (c) Abrupt climate change defined \nIn this section, the term abrupt climate change means a change in the climate that occurs so rapidly or unexpectedly that human or natural systems have difficulty adapting to the climate as changed.", "id": "H725F0BD256B7427A9F7E22EEEDA62757", "header": "Abrupt climate change research program" }, { "text": "603. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for such sums as may be necessary to carry out the research program required under section 602.", "id": "H41B4BB93A20C4E9BBEC9A10008D3C0CD", "header": "Authorization of appropriations" }, { "text": "701. Short title \nThis title may be cited as the United States Weather Research Program Act of 2004.", "id": "H3C2017DCE3A84835B2C8F426BEED6500", "header": "Short title" }, { "text": "702. Program focus \nThe focus of the United States Weather Research Program, an interagency program established under section 108 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 313 note), shall be on— (1) hurricanes, floods, and heavy precipitation, including both snow and rain; (2) building on existing investments, including those of the National Weather Service modernization effort, to dramatically accelerate improvement in weather forecasts; (3) providing attention and resources in areas where progress can be made quickly and where the impact will be greatest; (4) establishing goals that can be attained by leveraging the resources of several agencies and through the collaborative scientific efforts of the operational and research communities in academia and government; and (5) making research grants to universities and other research institutions.", "id": "HF964FCE2C3504E02BE838CDB82AE8341", "header": "Program focus" }, { "text": "703. Program research priorities \nThe research priorities of the United States Weather Research Program shall be in the areas of— (1) hurricanes, to improve— (A) landfall location forecasts; and (B) forecasts of hurricane strength; (2) heavy precipitation, to improve forecasts of both winter storms and rain storms through better prediction of timing, location, and intensity; (3) floods, to improve— (A) flood forecasting by coupling precipitation forecasts with hydrologic prediction; and (B) forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to— (A) improve short and medium range numerical weather predictions and warnings of high-impact weather events; (B) conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere; and (C) test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to— (A) identify methods of delivering weather information effectively and recommend ways to improve weather communications; (B) assess social and economic impacts of adverse weather ranging from disastrous to routine; (C) evaluate what weather information is most useful to public and private decision makers; and (D) providing for research on societal and economic impact to ensure a connection between weather research and improvement of the human condition; and (6) testing research concepts in an environment identical to those used by operational meteorologists, to enable technology transfer to those operational meteorologists.", "id": "H55F635CB17A44C71A8F4862D8C46CE", "header": "Program research priorities" }, { "text": "704. Interagency planning and process \nThe National Oceanic and Atmospheric Administration, as the lead agency of the United States Weather Research Program, shall coordinate and consult with the National Science Foundation, the National Aeronautics and Space Administration, other appropriate Federal agencies, and other appropriate entities to develop a five-year plan— (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information, as well as defining the research required to meet these needs; (3) outlining methods for dissemination of weather information to user communities; and (4) describing best practices for transferring United States Weather Research Program research results to forecasting operations.", "id": "H1982820DB5DB4B01A7DBEC1BF530A5F1", "header": "Interagency planning and process" }, { "text": "705. Reporting requirements \nNot later than one year after the date of the enactment of this Act, and every 5 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include— (1) the most recent five-year plan developed or updated under section 704, including the roles and funding to be provided by various Federal agencies in achieving the objectives of the plan; (2) a justification of any changes to the plan since the last transmittal under this section; and (3) a detailed assessment of the extent to which the objectives of the plan have been achieved.", "id": "HE9E496BF5C2D49F7B6AC834732F7ACB", "header": "Reporting requirements" }, { "text": "706. Authorization of appropriations \nThere are authorized to be appropriated to the Office of Atmospheric Research of the National Oceanic and Atmospheric Administration for carrying out this title such sums as may be necessary, of which at least 50 percent shall be for competitive, peer-reviewed grants to, or contracts or cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).", "id": "HF52DDEE454834E3686C7C33C9EDA98A5", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Commission on American Jobs Act.", "id": "H84B5FC11BC874038A6BB3576409500E0", "header": "Short Title" }, { "text": "2. Establishment \nThe Secretary of Commerce shall establish a commission to be known as the Commission on American Jobs.", "id": "H294A924271BC40FCA47791BC6461FEA6", "header": "Establishment" }, { "text": "3. Duties of the Commission \nOn an annual basis, the Commission shall— (1) collect data on outsourcing by companies of interest from reports transmitted to the Commission pursuant to section 6(d) and any other information that the Commission may consider under this Act; (2) identify the number of jobs outsourced by companies of interest, the dates that the jobs were outsourced, and the locations to which the jobs were outsourced; (3) conduct studies on why the jobs identified under paragraph (2) were outsourced; and (4) propose possible measures to prevent outsourcing by companies of interest.", "id": "H25B4DE008F5F4DCE93E3075557DDF53", "header": "Duties of the Commission" }, { "text": "4. Membership \n(a) Number and appointment \nThe Commission shall be composed of six members appointed by the President. (b) Political affiliation \nNot more than three members of the Commission appointed under subsection (a) may be affiliated with the same political party. (c) Labor affiliation \nAt least two members of the Commission appointed under subsection (a) shall be representatives of labor organizations certified by the National Labor Relations Board. (d) Terms \n(1) In general \nEach member shall be appointed for a term of six years, except as provided in paragraphs (2) and (3). A member may be appointed for more than one term. (2) Terms of initial appointees \nAs designated by the President at the time of appointment, of the members first appointed— (A) two, not affiliated with the same political party, shall be appointed for a term of six years; (B) two, not affiliated with the same political party, shall be appointed for a term of four years; and (C) two, not affiliated with the same political party, shall be appointed for a term of two years. (3) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (e) Basic pay \n(1) Rates of pay \nExcept as provided in paragraph (2), members shall each be paid at the maximum rate of basic pay for GS–15 of the General Schedule. (2) Prohibition of compensation of federal employees \nExcept as provided in subsection (f), members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Quorum \nThree members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairperson \nThe Chairperson of the Commission shall be designated by the President. The term of office of the Chairperson shall be one year. The position of Chairperson shall rotate among the members of the Commission, and a member may serve as Chairperson only once during each six-year term. (i) Meetings \nThe Commission shall meet at the call of either the Chairperson or a majority of the Commission’s members. The Commission shall meet at least once annually.", "id": "HD6016A9D1E33406DA93669D912B28F22", "header": "Membership" }, { "text": "5. Powers of commission \n(a) Hearings and sessions \nThe Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data \nThe Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson or any three members of the Commission, the head of that agency shall furnish that information to the Commission. (d) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other agencies of the United States. (e) Administrative support services \nUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena power \n(1) In general \nThe Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas \nThe subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process \nAll process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity \nThe Commission is an agency of the United States for purpose of part V of title 18, United States Code (relating to immunity of witnesses).", "id": "HDFC191C7BAB346EAAFF13558C6CFD3CA", "header": "Powers of commission" }, { "text": "6. Reports \n(a) Commission reports \nThe Commission shall transmit to— (1) the Committee on Appropriations, the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Committee on Ways and Means of the House of Representatives; (2) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (3) the Joint Economic Committee of the Congress, annual reports including the content described in subsection (c). (b) Timing \nThe Commission shall transmit its first annual report under subsection (a)— (1) not later than six months after the date of enactment of this Act, if such date of enactment is on or before September 30, 2004; and (2) not later than May 1, 2005, if such date of enactment is after September 30, 2004. The Commission shall transmit subsequent annual reports not later than May 1 of each year. (c) Content \nThe annual reports required under subsection (a) shall include— (1) detailed summaries of the data collected under section 3(1); (2) detailed summaries of the information identified under section 3(2); (3) the results of the studies conducted pursuant to section 3(3); and (4) the possible measures to prevent outsourcing proposed under section 3(4). (d) Company of interest reports \nA company of interest shall transmit to the Commission annual reports stating the number of jobs, if any, that the company of interest has outsourced during the previous year, the dates that the jobs were outsourced, and the locations to which the jobs were outsourced. A company of interest shall transmit its first annual report under this subsection— (1) not later than three months after the date of enactment of this Act, if such date of enactment is on or before September 30, 2004; and (2) not later than March 1, 2005, if such date of enactment is after September 30, 2004. A company of interest shall transmit subsequent annual reports not later than March 1 of each year.", "id": "H038BDF1C975F49F800ED30D357C8C988", "header": "Reports" }, { "text": "7. Termination \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission.", "id": "HB5BD40ADA8C548AB97CA29242910A4C", "header": "Termination" }, { "text": "8. Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary of Commerce $25,000,000 for fiscal year 2005, to remain available until expended, to carry out this Act.", "id": "H6262A54912C94FBA896087C00982112", "header": "Authorization of Appropriations" }, { "text": "9. Definitions \nFor purposes of this Act: (1) Commission \nThe term Commission means the Commission on American Jobs established under this Act. (2) Companies of interest \nThe term companies of interest means— (A) corporations and other legal entities organized under the laws of the United States; (B) subsidiaries of corporations and legal entities described in subparagraph (A); (C) corporations and other legal entities that employed at least 50 employees to perform services in the United States at any one time on or after January 1, 1980; and (D) corporations and other legal entities with $1,000,000 or more annual gross income that is effectively connected with the conduct of a trade or business within the United States. (3) Outsourcing \nThe term outsourcing means hiring employees to perform services outside the United States when the services previously had been performed in the United States. (4) United States \nThe term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H15BAA8DF47884D0C820700211FD74E2", "header": "Definitions" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Grey Towers National Historic Site Act of 2004.", "id": "H1F3173A674474FB100EAE8DF5216767F", "header": "Short Title" }, { "text": "2. Findings; purposes; definitions \n(a) Findings \nCongress finds the following: (1) James and Mary Pinchot constructed a home and estate that is known as Grey Towers in Milford, Pennsylvania. (2) James and Mary Pinchot were also the progenitors of a family of notable accomplishment in the history of the Commonwealth of Pennsylvania and the Nation, in particular, their son, Gifford Pinchot. (3) Gifford Pinchot was the first Chief of the Forest Service, a major influence in formulating and implementing forest conservation policies in the early 20th Century, and twice Governor of Pennsylvania. (4) During the early 20th century, James and Gifford Pinchot used Grey Towers and the environs to establish scientific forestry, to develop conservation leaders, and to formulate conservation principles, thus making this site one of the primary birthplaces of the American conservation movement. (5) In 1963, Gifford Bryce Pinchot, the son of Gifford and Cornelia Pinchot, donated Grey Towers and 102 acres to the Nation. (6) In 1963, President John F. Kennedy dedicated the Pinchot Institute for Conservation for the greater knowledge of land and its uses at Grey Towers National Historic Landmark, thereby establishing a partnership between the public and private sectors. (7) Grey Towers today is a place of historical significance where leaders in natural resource conservation meet, study, and share ideas, analyses, values, and philosophies, and is also a place where the public can learn and appreciate our conservation heritage. (8) As established by President Kennedy, the Pinchot Institute for Conservation, and the Forest Service at Grey Towers operate through an established partnership in developing and delivering programs that carry on Gifford Pinchot’s conservation legacy. (9) Grey Towers and associated structures in and around Milford, Pennsylvania, can serve to enhance regional recreational and educational opportunities. (b) Purposes \nThe purposes of this Act are as follows: (1) To honor and perpetuate the memory of Gifford Pinchot. (2) To promote the recreational and educational resources of Milford, Pennsylvania, and its environs. (3) To authorize the Secretary of Agriculture— (A) to further the scientific, policy analysis, educational, and cultural programs in natural resource conservation at Grey Towers; (B) to manage the property and environs more efficiently and effectively; and (C) to further collaborative ties with the Pinchot Institute for Conservation, and other Federal, State, and local agencies with shared interests. (c) Definitions \nFor the purposes of this Act: (1) Associated properties \nThe term Associated Properties means lands and improvements outside of the Grey Towers National Historic Landmark within Pike County, Pennsylvania, and which were associated with James and Mary Pinchot, the Yale School of Forestry, or the Forest Service. (2) Grey towers \nThe term Grey Towers means the buildings and surrounding area of approximately 303 acres, including the 102 acres donated in 1963 to the United States and so designated that year. (3) Historic site \nThe term Historic Site means the Grey Towers National Historic Site, as so designated by this Act. (4) Pinchot institute \nThe term Pinchot Institute means the Pinchot Institute for Conservation, a nonprofit corporation established under the laws of the District of Columbia. (5) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "HCC3CB327BF4C4ACF00714CFAC2357C5C", "header": "Findings; purposes; definitions" }, { "text": "3. Designation of national historic site \nSubject to valid existing rights, all lands and improvements formerly encompassed within the Grey Towers National Historic Landmark are designated as the Grey Towers National Historic Site.", "id": "HB3F87B49B2894524B8F0625426A5764C", "header": "Designation of national historic site" }, { "text": "4. Administration \n(a) Purposes \nThe Historic Site shall be administered for the following purposes: (1) Education, public demonstration projects, and research related to natural resource conservation, protection, management, and use. (2) Leadership development within the natural resource professions and the Federal civil service. (3) Continuing Gifford Pinchot’s legacy through pursuit of new ideas, strategies, and solutions to natural resource issues that include economic, ecological, and social values. (4) Preservation, use, and maintenance of the buildings, grounds, facilities, and archives associated with Gifford Pinchot. (5) Study and interpretation of the life and works of Gifford Pinchot. (6) Public recreation and enjoyment. (7) Protection and enjoyment of the scenic and natural environs. (b) Applicable laws \nThe Secretary shall administer federally owned lands and interests in lands at the Historic Site and Associated Properties as components of the National Forest System in accordance with this Act and the laws, rules, and regulations applicable to the System, except that the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 , et seq.) shall not apply. (c) Land acquisition \nThe Secretary is authorized to acquire, on a willing seller basis, by purchase, donation, exchange, or otherwise, privately owned lands and interests in lands, including improvements, within the Historic Site and the Associated Properties, using donated or appropriated funds. (d) Gifts \n(1) Accepted by entities other than the Secretary \nSubject to such terms and conditions as the Secretary may prescribe, any public or private agency, organization, institution, or individual may solicit, accept, and administer private gifts of money and real or personal property for the benefit of, or in connection with, the activities and services at the Historic Site. (2) Accepted by the Secretary \nGifts may be accepted by the Secretary for the benefit of, or in connection with, the activities and services at the Historic Site notwithstanding the fact that a donor conducts business with or is regulated by the Department of Agriculture in any capacity.", "id": "HC8478FCA660A4BEFA13C095890279700", "header": "Administration" }, { "text": "5. Cooperative authorities \n(a) Grants, contracts, and cooperative agreements \nThe Secretary is authorized to enter into agreements for grants, contracts, and cooperative agreements as appropriate with the Pinchot Institute, public and other private agencies, organizations, institutions, and individuals to provide for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs at Grey Towers or to otherwise further the purposes of this Act. (b) Interdepartmental \nThe Secretary and the Secretary of the Interior are authorized and encouraged to cooperate in promoting public use and enjoyment of Grey Towers and the Delaware Water Gap National Recreation Area and in otherwise furthering the administration and purposes for which both areas were designated. Such cooperation may include colocation and use of facilities within Associated Properties and elsewhere. (c) Other \nThe Secretary may authorize use of the grounds and facilities of Grey Towers by the Pinchot Institute and other participating partners including Federal, State, and local agencies, on such terms and conditions as the Secretary may prescribe, including the waiver of special use authorizations and the waiver of rental and use fees.", "id": "HF17F6EDC87DF481D95C325F5700D419", "header": "Cooperative authorities" }, { "text": "6. Funds \n(a) Fees and charges \nThe Secretary may impose reasonable fees and charges for admission to and use of facilities on Grey Towers. (b) Special fund \nAny monies received by the Forest Service in administering Grey Towers shall be deposited into the Treasury of the United States and covered in a special fund called the Grey Towers National Historic Site Fund. Monies in the Grey Towers National Historic Site Fund shall be available until expended, without further appropriation, for support of programs of Grey Towers, and any other expenses incurred in the administration of Grey Towers. (c) Use of funds; fundraising \nFunds generated at Grey Towers shall be retained for the enhancement of the Historic Site and furtherance of its programs. Generation of such funds shall be secondary to the mission of Grey Towers administration and fund-raising activities shall be compatible with the purposes for which Grey Towers is administered.", "id": "H49763D7F8BE64D4CBBFC57644399BFD4", "header": "Funds" }, { "text": "7. Pinchot institute \n(a) Federal employees \nIn order to facilitate and promote the purposes of Grey Towers and the Pinchot Institute, Federal employees may participate in the activities of the Pinchot Institute and serve in nonsalaried capacities, including as members of the Board of Directors, notwithstanding their status as Federal employees. (b) Assistance \nIn furtherance of the purposes of this Act and subject to the availability of appropriations or monies in the Grey Towers National Historic Site Fund, the Secretary may provide financial assistance for the operations of the Pinchot Institute.", "id": "H15B1C2B29F4542978BEE5E44FE5CEDEC", "header": "Pinchot institute" }, { "text": "8. Savings provision \nNothing in this Act shall be deemed to diminish the authorities of the Secretary under the Cooperative Forestry Assistance Act or any other law pertaining to the National Forest System.", "id": "H626A665470EB4344A390F69672B6E4D5", "header": "Savings provision" } ]

[ { "text": "1. National Guard Youth Challenge Program \n(a) Maximum Federal Share of Costs of State Programs \nSubsection (d) of section 509 of title 32, United States Code, is amended to read as follows: (d) Matching funds required \nThe amount of assistance provided under this section to a State program of the National Guard Youth Challenge Program may not exceed— (1) for fiscal year 2005, 65 percent of the costs of operating the State program during that year; (2) for fiscal year 2006, 70 percent of the costs of operating the State program during that year; (3) for fiscal year 2007 and each subsequent fiscal year, 75 percent of the costs of operating the State program during that year.. (b) Authorization of appropriations \nSubsection (b)(2) of such section is amended by striking in fiscal year 2001 or 2002 may not exceed $62,500,000 and inserting in fiscal year 2005 may not exceed $82,593,200. (c) Redesignation of program \nSuch section is further amended by striking National Guard Challenge Program each place it appears and inserting National Guard Youth Challenge Program.", "id": "H48B265A0C92F4620AD4528D58D4FC6CE", "header": "National Guard Youth Challenge Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Municipal Solid Waste Responsibility Act of 2004.", "id": "H14A6B4F6BA9A494CB2B82E76BFF6731E", "header": "Short title" }, { "text": "2. Interstate and international transportation and disposal of municipal solid waste \n(a) In general \nSubtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding after section 4010 the following new sections: 4011. Interstate transportation and disposal of municipal solid waste \n(a) Restriction on receipt of out-of-State waste \n(1) In general \n(A) Authorization \nA landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator of such landfill or incinerator obtains explicit authorization (as part of a host community agreement) from the affected local government to receive the waste. (B) Requirements for authorization \nAn authorization granted pursuant to subparagraph (A) shall— (i) be granted by formal action at a meeting; (ii) be recorded in writing in the official record of the meeting; and (iii) remain in effect according to its terms. (C) Discretionary terms and conditions \nAn authorization granted pursuant to subparagraph (A) may specify terms and conditions, including an amount of out-of-State waste that an owner or operator may receive and the duration of the authorization. (D) Notification \nPromptly, but not later than 90 days after an authorization is granted, the affected local government shall notify the Governor, contiguous local governments, and any contiguous Indian tribes of an authorization granted under this subsection. (2) Information \nPrior to seeking an authorization to receive out-of-State municipal solid waste pursuant to this subsection, the owner or operator of the facility seeking such authorization shall provide (and make readily available to the Governor, each contiguous local government and Indian tribe, and any other interested person for inspection and copying) the following information: (A) A brief description of the facility, including, with respect to both the facility and any planned expansion of the facility, the size and ultimate waste capacity of the facility, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled. (B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. (C) A description of the then current environmental characteristics of the site, a description of ground water use in the area (including identification of private wells and public drinking water sources), and a discussion of alterations that may be necessitated by, or occur as a result of, the facility. (D) A description of environmental controls typically required to be used on the site (pursuant to permit requirements), including run on or run off management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. (E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. (F) A list of all required Federal, State, and local permits. (G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for preoperational and postoperational levels. (H) Any information that is required by State or Federal law to be provided with respect to any violations of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violations, and corrective action and rehabilitation measures taken as a result of the proceedings. (I) Any information that is required by State or Federal law to be provided with respect to gifts and contributions made by the owner or operator. (J) Any information that is required by State or Federal law to be provided with respect to compliance by the owner or operator with the State solid waste management plan. (3) Notification \nPrior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall— (A) notify the Governor, contiguous local governments, and any contiguous Indian tribes; (B) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing, except where State law provides for an alternate form of public notification; and (C) provide an opportunity for public comment in accordance with State law, including at least 1 public hearing. (b) Authorization not required for certain facilities \n(1) In general \nA landfill or incinerator may receive for disposal or incineration out-of-State municipal solid waste in the absence of an authorization under subsection (a) if each of the following requirements are met: (A) The owner or operator provides either of the following to the Governor of the State in which the landfill or incinerator is located and to the affected local government: (i) Information establishing that, before the date of enactment of this section, the owner or operator of the landfill or incinerator has entered into a host community agreement or received a State permit specifically authorizing the owner or operator to accept, at the landfill or incinerator, out-of-State municipal solid waste. This clause shall be effective only if the owner or operator complies with all of the terms and conditions of the host community agreement or permit and, in the case of a permit, notifies the affected local government of the permit, as soon as practicable but not later than 90 days after the date of enactment of this section. (ii) Information establishing that during 1993 the landfill or incinerator received shipments of out-of-State municipal solid waste. Such information shall be in such documented form as will result in criminal penalties under State law in case of false or misleading information. Such information shall include information about the date of shipment, place of origin of the waste, and the type of waste. (B) In the case of a landfill or incinerator in operation on the date of enactment of this section, the landfill or incinerator must be in compliance as of such date with applicable Federal and State environmental laws (including regulations), including, in the case of landfills, applicable laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. (2) Amount received under paragraph (1)(A)(ii) \n(A) States not exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which do not establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending 6 years after the date of enactment of this section. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending 3 years after the date of enactment of this section. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (B) States exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending January 1, 2007. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending January 1, 2007. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (3) Availability of documentation \nThe owner or operator of a landfill or incinerator which is exempt under paragraph (1) of this subsection from the requirements of subsection (a) shall provide to the State and affected local government, and make available for inspection by the public in the affected local community, a copy of the host community agreement or other documentation required under paragraph (1). The owner or operator may omit any proprietary information contained in the contracts, but shall ensure that at least the following information is apparent: the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract. (4) Denied or revoked permits \nA landfill or incinerator may not receive for disposal or incineration out-of-State municipal solid waste in the absence of a host community agreement if the operating permit or license for the landfill or incinerator (or renewal thereof) was denied or revoked by the appropriate State agency before the date of enactment of this section unless such permit or license (or renewal) has been reinstated as of such date of enactment. (5) Waste within bi-State metropolitan statistical areas \nThe owner or operator of a landfill or incinerator in a State may receive out-of-State municipal solid waste without obtaining authorization under subsection (a) from the affected local government if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area (as defined by the Office of Management and Budget and as listed by the Office of Management and Budget as of the date of enactment of this section) which contains two contiguous major cities each of which is in a different State. (c) Authority of state to restrict out-of-state municipal solid waste \n(1) Limitations on amount of waste received \n(A) Limit for all facilities in the state \nA State may limit the amount of out-of-State municipal solid waste received annually for disposal at each landfill or incinerator in the State to the limitation amount described in paragraph (2), except as provided in this subsection. No such limit may conflict— (i) with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste; or (ii) with a host community agreement entered into between the owner or operator of any such landfill or incinerator and the affected local government. (B) Conflict \nA limit referred to in subparagraph (A) shall be treated as conflicting with a permit or host community agreement if— (i) the permit or host community agreement establishes a higher limit; or (ii) the permit or host community agreement does not establish any limit, on the amount of out-of-State municipal solid waste which may be received annually at the facility. (C) Limit for particular facilities \nAt the request of an affected local government that has not executed a host community agreement, the State may limit the amount of out-of-State municipal solid waste received annually for disposal at a particular landfill or incinerator to the limitation amount described in paragraph (2). No such limit may conflict with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste. (D) Effect on other laws \nNothing in this subsection shall be interpreted or construed to have any effect on any State law relating to contracts. (2) Limitation amount \nFor any landfill or incinerator that commenced receiving documented out-of-State municipal solid waste before the date of enactment of this section, the limitation amount referred to in paragraph (1) for any year shall be equal to the amount of out-of-State municipal solid waste received for disposal at the landfill or incinerator concerned during calendar year 1993. The documentation referred to in this paragraph shall be such as would result in criminal penalties in case of false or misleading information. Such documentation shall include the amount of waste received, place of origin, including the identity of the generator, date of shipment, and type of waste. (3) Other limitation amount \n(A) Except as provided in subparagraph (B), the limitation amount referred to in paragraph (1) shall be zero for a landfill or incinerator authorized to receive out-of-State municipal solid waste solely by reason of receipt in calendar year 1993 of municipal solid waste that was not received under a contract, permit, or host community agreement. (B) The limitation amount of zero referred to in subparagraph (A) shall not be applicable to receipt of any out-of-State municipal solid waste by the landfill or incinerator if the owner or operator, on the date of enactment of this section, owned the land on which the facility that received such waste is located. (4) No discrimination \nIn establishing a limitation under this subsection, a State shall act in a consistent manner that does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (5) Additional limit for municipal waste \n(A) Any State that imported more than 750,000 tons of out-of-State municipal solid waste in 1993 (in this paragraph referred to as an importing State ) may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received pursuant to the authority of subsection (b)(1) for disposal at landfills and incinerators in the importing State. A limit under this paragraph may be in addition to, or in lieu of, any other limit imposed under this subsection. A limit under this paragraph may be imposed only if each of the following requirements are met: (i) The limit shall not conflict (within the meaning of paragraph (1)(B)) with any permit or host community agreement authorizing the receipt of out-of-State municipal solid waste. (ii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 12 months before imposition of the limit. (iii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 90 days before enforcement of the limit. (iv) The percentage reduction in the amount of out-of-State municipal solid waste which is received at each facility in the importing State at which a limit may be established under this paragraph shall be uniform for all such facilities. (B) The limit established under this paragraph shall be a percentage of the amount of out-of-State municipal solid waste generated in the exporting State during calendar year 1993 and received at facilities in the importing State in which a limit is established under this paragraph. For any calendar year after 2003, the percentage shall be as specified in the following table: Calendar year: Applicable percentage: 2004 85 2005 75 2006 65 2007 55 2008 and thereafter 50. (d) Needs determination \nAny comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process may take into account local and regional needs for solid waste disposal capacity. An affected local government may make a determination that there is no local or regional need for a new landfill or incinerator or major modification to an existing facility in the area under the jurisdiction of the affected local government. Such determination shall be based on a finding that the proposed facility does not have a host community agreement or is inconsistent with the capacity needs established in the comprehensive solid waste management plan adopted by the affected local government pursuant to State law. No comprehensive solid waste management plan may expressly prohibit the importation of municipal solid waste from out of State. (e) Implementation and enforcement \nAny State may adopt such laws and regulations, not inconsistent with this section, as are necessary to implement and enforce this section, including provisions for penalties. (f) Effect on Interstate commerce \nNo State limitation established as provided in subsection (c), no State planning and permitting process referred to in subsection (d), and no State law or regulation referred to in subsection (e) shall be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. (g) Annual state report \nEach year the owner or operator of each landfill or incinerator receiving out-of-State municipal solid waste shall submit to the Governor of the State in which the landfill or incinerator is located information specifying the amount of out-of-State municipal solid waste received for disposal during the preceding year. Each year each such State shall publish and make available to the public a report containing information on the amount of out-of-State municipal solid waste received for disposal in the State during the preceding year. (h) Definitions \nFor purposes of this section: (1) Affected local government \n(A) For any landfill or incinerator, the term affected local government means— (i) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or (ii) if there is no such body created by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility for the use of land on which the facility is located or proposed to be located. No host community agreement that is entered into by the elected officials described in clause (ii) may be overturned by an act of a public body described in clause (i) if such body is created by State law after the execution of such host community agreement. (B) Two or more Governors of adjoining States may use the authority provided in section 1005(b) to enter into an agreement under which contiguous units of local government located in each of the adjoining States may act jointly as the affected local government for purposes of providing authorization for municipal solid waste generated in the jurisdiction of one of such units of local government and received for disposal or incineration in another. (2) Host community agreement \nThe term host community agreement means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. (3) Municipal solid waste \n(A) Waste included \nExcept as provided in subparagraph (B), the term municipal solid waste means— (i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and (ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials— (I) are essentially the same as materials described in clause (i); and (II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. (B) Waste not included \nThe term municipal solid waste does not include any of the following: (i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. (ii) Any solid waste, including contaminated soil and debris, resulting from— (I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); (II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or (III) a corrective action taken under this Act. (iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. (iv) Scrap rubber to be used as a fuel source. (v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. (vi) Any solid waste that is— (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. (vii) Any medical waste that is segregated from or not mixed with solid waste. (viii) Sewage sludge and residuals from any sewage treatment plant. (ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. (4) Out-of-state municipal solid waste \nThe term out-of-State municipal solid waste , means, with respect to any State, municipal solid waste generated outside of the State. The term also includes municipal solid waste generated outside of the United States. (5) Specific authorization \nThe term specifically authorizes refers to an explicit authorization, contained in a host community agreement or permit, to import waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to any place of origin , reference to specific places outside the State, or use of such phrases as regardless of origin or outside the State. The language for such authorization may vary as long as it clearly and affirmatively states the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The authorization shall not include general references to the receipt of waste outside the jurisdiction of the affected local government. (i) Cost recovery surcharge \n(1) Authority \nA State may impose and collect a cost recovery surcharge on the combustion or disposal in a landfill or incinerator of out-of-State municipal solid waste in such State. (2) Limitation \nDuring the period beginning on the date of enactment of this section and ending on December 31, 2006, a State may not impose or collect a cost recovery surcharge from a facility on any out-of-State municipal solid waste that meets both of the following conditions: (A) The waste is being received at the facility under one or more contracts entered into before the date of enactment of this section. (B) The amount of waste being received in a calendar year under the contract or contracts does not exceed the amount of waste received at the facility during calendar year 2003. (3) Amount of surcharge \nThe amount of the cost recovery surcharge may be no greater than the amount necessary to recover those costs determined in conformance with paragraph (5) and in no event may exceed $2 per ton of waste. (4) Use of surcharge collected \nAll cost recovery surcharges collected by a State shall be used to fund those solid waste management programs administered by the State or its political subdivisions that incur costs for which the surcharge is collected. (5) Conditions \n(A) Subject to subparagraphs (B) and (C), a State may impose and collect a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste if— (i) the State demonstrates a cost to the State arising from the combustion or disposal within the State of a volume of municipal solid waste from a source outside the State; (ii) the surcharge is based on those costs to the State demonstrated under clause (i) that, if not paid for through the surcharge, would otherwise have to be paid or subsidized by the State; and (iii) the surcharge is compensatory and is not discriminatory. (B) In no event shall a cost recovery surcharge be imposed by a State to the extent that the cost for which recovery is sought is otherwise recovered by any other fee or tax assessed against the generation, transportation, treatment, combustion, or disposal of solid waste. (C) The grant of a subsidy by a State with respect to entities disposing of waste generated within the State does not constitute discrimination for purposes of subparagraph (A)(iii). (6) Burden of proof \nIn any proceeding in which a State invokes this subsection to justify a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste, the State shall bear the burden of establishing that the cost recovery surcharge satisfies the conditions set forth in paragraph (5). 4012. International transportation and disposal of municipal solid waste \n(a) Authority \nConsistent with section 4011, a State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. (b) Effect on Interstate and foreign commerce \nNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. (c) Definitions \nFor purposes of this section: (1) Foreign municipal solid waste \nThe term foreign municipal solid waste means municipal solid waste generated outside of the United States. (2) Municipal solid waste \nThe term municipal solid waste has the meaning given that term in section 4011. 4013. Canadian transboundary movement of municipal solid waste \n(a) Prohibition \nNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. (b) Administrator’s authority \nThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall— (1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and (2) consider the impact of the importation on— (A) continued public support for and adherence to State and local recycling programs; (B) landfill capacity as provided in comprehensive waste management plans; (C) air emissions from increased vehicular traffic; (D) road deterioration from increased vehicular traffic; and (E) public health and the environment. (c) Compliance orders \n(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Public hearing \nAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (e) Violation of compliance orders \nIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.. (b) Table of contents amendment \nThe table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new items: Sec. 4011. Interstate transportation and disposal of municipal solid waste Sec. 4012. International transportation and disposal of municipal solid waste Sec. 4013. Canadian transboundary movement of municipal solid waste.", "id": "H98B5DEDCCCED4BD5984DC9D8A9EDA37B", "header": "Interstate and international transportation and disposal of municipal solid waste" }, { "text": "4011. Interstate transportation and disposal of municipal solid waste \n(a) Restriction on receipt of out-of-State waste \n(1) In general \n(A) Authorization \nA landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator of such landfill or incinerator obtains explicit authorization (as part of a host community agreement) from the affected local government to receive the waste. (B) Requirements for authorization \nAn authorization granted pursuant to subparagraph (A) shall— (i) be granted by formal action at a meeting; (ii) be recorded in writing in the official record of the meeting; and (iii) remain in effect according to its terms. (C) Discretionary terms and conditions \nAn authorization granted pursuant to subparagraph (A) may specify terms and conditions, including an amount of out-of-State waste that an owner or operator may receive and the duration of the authorization. (D) Notification \nPromptly, but not later than 90 days after an authorization is granted, the affected local government shall notify the Governor, contiguous local governments, and any contiguous Indian tribes of an authorization granted under this subsection. (2) Information \nPrior to seeking an authorization to receive out-of-State municipal solid waste pursuant to this subsection, the owner or operator of the facility seeking such authorization shall provide (and make readily available to the Governor, each contiguous local government and Indian tribe, and any other interested person for inspection and copying) the following information: (A) A brief description of the facility, including, with respect to both the facility and any planned expansion of the facility, the size and ultimate waste capacity of the facility, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled. (B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. (C) A description of the then current environmental characteristics of the site, a description of ground water use in the area (including identification of private wells and public drinking water sources), and a discussion of alterations that may be necessitated by, or occur as a result of, the facility. (D) A description of environmental controls typically required to be used on the site (pursuant to permit requirements), including run on or run off management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. (E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. (F) A list of all required Federal, State, and local permits. (G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for preoperational and postoperational levels. (H) Any information that is required by State or Federal law to be provided with respect to any violations of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violations, and corrective action and rehabilitation measures taken as a result of the proceedings. (I) Any information that is required by State or Federal law to be provided with respect to gifts and contributions made by the owner or operator. (J) Any information that is required by State or Federal law to be provided with respect to compliance by the owner or operator with the State solid waste management plan. (3) Notification \nPrior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall— (A) notify the Governor, contiguous local governments, and any contiguous Indian tribes; (B) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing, except where State law provides for an alternate form of public notification; and (C) provide an opportunity for public comment in accordance with State law, including at least 1 public hearing. (b) Authorization not required for certain facilities \n(1) In general \nA landfill or incinerator may receive for disposal or incineration out-of-State municipal solid waste in the absence of an authorization under subsection (a) if each of the following requirements are met: (A) The owner or operator provides either of the following to the Governor of the State in which the landfill or incinerator is located and to the affected local government: (i) Information establishing that, before the date of enactment of this section, the owner or operator of the landfill or incinerator has entered into a host community agreement or received a State permit specifically authorizing the owner or operator to accept, at the landfill or incinerator, out-of-State municipal solid waste. This clause shall be effective only if the owner or operator complies with all of the terms and conditions of the host community agreement or permit and, in the case of a permit, notifies the affected local government of the permit, as soon as practicable but not later than 90 days after the date of enactment of this section. (ii) Information establishing that during 1993 the landfill or incinerator received shipments of out-of-State municipal solid waste. Such information shall be in such documented form as will result in criminal penalties under State law in case of false or misleading information. Such information shall include information about the date of shipment, place of origin of the waste, and the type of waste. (B) In the case of a landfill or incinerator in operation on the date of enactment of this section, the landfill or incinerator must be in compliance as of such date with applicable Federal and State environmental laws (including regulations), including, in the case of landfills, applicable laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. (2) Amount received under paragraph (1)(A)(ii) \n(A) States not exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which do not establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending 6 years after the date of enactment of this section. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending 3 years after the date of enactment of this section. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (B) States exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending January 1, 2007. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending January 1, 2007. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (3) Availability of documentation \nThe owner or operator of a landfill or incinerator which is exempt under paragraph (1) of this subsection from the requirements of subsection (a) shall provide to the State and affected local government, and make available for inspection by the public in the affected local community, a copy of the host community agreement or other documentation required under paragraph (1). The owner or operator may omit any proprietary information contained in the contracts, but shall ensure that at least the following information is apparent: the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract. (4) Denied or revoked permits \nA landfill or incinerator may not receive for disposal or incineration out-of-State municipal solid waste in the absence of a host community agreement if the operating permit or license for the landfill or incinerator (or renewal thereof) was denied or revoked by the appropriate State agency before the date of enactment of this section unless such permit or license (or renewal) has been reinstated as of such date of enactment. (5) Waste within bi-State metropolitan statistical areas \nThe owner or operator of a landfill or incinerator in a State may receive out-of-State municipal solid waste without obtaining authorization under subsection (a) from the affected local government if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area (as defined by the Office of Management and Budget and as listed by the Office of Management and Budget as of the date of enactment of this section) which contains two contiguous major cities each of which is in a different State. (c) Authority of state to restrict out-of-state municipal solid waste \n(1) Limitations on amount of waste received \n(A) Limit for all facilities in the state \nA State may limit the amount of out-of-State municipal solid waste received annually for disposal at each landfill or incinerator in the State to the limitation amount described in paragraph (2), except as provided in this subsection. No such limit may conflict— (i) with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste; or (ii) with a host community agreement entered into between the owner or operator of any such landfill or incinerator and the affected local government. (B) Conflict \nA limit referred to in subparagraph (A) shall be treated as conflicting with a permit or host community agreement if— (i) the permit or host community agreement establishes a higher limit; or (ii) the permit or host community agreement does not establish any limit, on the amount of out-of-State municipal solid waste which may be received annually at the facility. (C) Limit for particular facilities \nAt the request of an affected local government that has not executed a host community agreement, the State may limit the amount of out-of-State municipal solid waste received annually for disposal at a particular landfill or incinerator to the limitation amount described in paragraph (2). No such limit may conflict with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste. (D) Effect on other laws \nNothing in this subsection shall be interpreted or construed to have any effect on any State law relating to contracts. (2) Limitation amount \nFor any landfill or incinerator that commenced receiving documented out-of-State municipal solid waste before the date of enactment of this section, the limitation amount referred to in paragraph (1) for any year shall be equal to the amount of out-of-State municipal solid waste received for disposal at the landfill or incinerator concerned during calendar year 1993. The documentation referred to in this paragraph shall be such as would result in criminal penalties in case of false or misleading information. Such documentation shall include the amount of waste received, place of origin, including the identity of the generator, date of shipment, and type of waste. (3) Other limitation amount \n(A) Except as provided in subparagraph (B), the limitation amount referred to in paragraph (1) shall be zero for a landfill or incinerator authorized to receive out-of-State municipal solid waste solely by reason of receipt in calendar year 1993 of municipal solid waste that was not received under a contract, permit, or host community agreement. (B) The limitation amount of zero referred to in subparagraph (A) shall not be applicable to receipt of any out-of-State municipal solid waste by the landfill or incinerator if the owner or operator, on the date of enactment of this section, owned the land on which the facility that received such waste is located. (4) No discrimination \nIn establishing a limitation under this subsection, a State shall act in a consistent manner that does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (5) Additional limit for municipal waste \n(A) Any State that imported more than 750,000 tons of out-of-State municipal solid waste in 1993 (in this paragraph referred to as an importing State ) may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received pursuant to the authority of subsection (b)(1) for disposal at landfills and incinerators in the importing State. A limit under this paragraph may be in addition to, or in lieu of, any other limit imposed under this subsection. A limit under this paragraph may be imposed only if each of the following requirements are met: (i) The limit shall not conflict (within the meaning of paragraph (1)(B)) with any permit or host community agreement authorizing the receipt of out-of-State municipal solid waste. (ii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 12 months before imposition of the limit. (iii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 90 days before enforcement of the limit. (iv) The percentage reduction in the amount of out-of-State municipal solid waste which is received at each facility in the importing State at which a limit may be established under this paragraph shall be uniform for all such facilities. (B) The limit established under this paragraph shall be a percentage of the amount of out-of-State municipal solid waste generated in the exporting State during calendar year 1993 and received at facilities in the importing State in which a limit is established under this paragraph. For any calendar year after 2003, the percentage shall be as specified in the following table: Calendar year: Applicable percentage: 2004 85 2005 75 2006 65 2007 55 2008 and thereafter 50. (d) Needs determination \nAny comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process may take into account local and regional needs for solid waste disposal capacity. An affected local government may make a determination that there is no local or regional need for a new landfill or incinerator or major modification to an existing facility in the area under the jurisdiction of the affected local government. Such determination shall be based on a finding that the proposed facility does not have a host community agreement or is inconsistent with the capacity needs established in the comprehensive solid waste management plan adopted by the affected local government pursuant to State law. No comprehensive solid waste management plan may expressly prohibit the importation of municipal solid waste from out of State. (e) Implementation and enforcement \nAny State may adopt such laws and regulations, not inconsistent with this section, as are necessary to implement and enforce this section, including provisions for penalties. (f) Effect on Interstate commerce \nNo State limitation established as provided in subsection (c), no State planning and permitting process referred to in subsection (d), and no State law or regulation referred to in subsection (e) shall be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. (g) Annual state report \nEach year the owner or operator of each landfill or incinerator receiving out-of-State municipal solid waste shall submit to the Governor of the State in which the landfill or incinerator is located information specifying the amount of out-of-State municipal solid waste received for disposal during the preceding year. Each year each such State shall publish and make available to the public a report containing information on the amount of out-of-State municipal solid waste received for disposal in the State during the preceding year. (h) Definitions \nFor purposes of this section: (1) Affected local government \n(A) For any landfill or incinerator, the term affected local government means— (i) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or (ii) if there is no such body created by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility for the use of land on which the facility is located or proposed to be located. No host community agreement that is entered into by the elected officials described in clause (ii) may be overturned by an act of a public body described in clause (i) if such body is created by State law after the execution of such host community agreement. (B) Two or more Governors of adjoining States may use the authority provided in section 1005(b) to enter into an agreement under which contiguous units of local government located in each of the adjoining States may act jointly as the affected local government for purposes of providing authorization for municipal solid waste generated in the jurisdiction of one of such units of local government and received for disposal or incineration in another. (2) Host community agreement \nThe term host community agreement means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. (3) Municipal solid waste \n(A) Waste included \nExcept as provided in subparagraph (B), the term municipal solid waste means— (i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and (ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials— (I) are essentially the same as materials described in clause (i); and (II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. (B) Waste not included \nThe term municipal solid waste does not include any of the following: (i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. (ii) Any solid waste, including contaminated soil and debris, resulting from— (I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); (II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or (III) a corrective action taken under this Act. (iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. (iv) Scrap rubber to be used as a fuel source. (v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. (vi) Any solid waste that is— (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. (vii) Any medical waste that is segregated from or not mixed with solid waste. (viii) Sewage sludge and residuals from any sewage treatment plant. (ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. (4) Out-of-state municipal solid waste \nThe term out-of-State municipal solid waste , means, with respect to any State, municipal solid waste generated outside of the State. The term also includes municipal solid waste generated outside of the United States. (5) Specific authorization \nThe term specifically authorizes refers to an explicit authorization, contained in a host community agreement or permit, to import waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to any place of origin , reference to specific places outside the State, or use of such phrases as regardless of origin or outside the State. The language for such authorization may vary as long as it clearly and affirmatively states the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The authorization shall not include general references to the receipt of waste outside the jurisdiction of the affected local government. (i) Cost recovery surcharge \n(1) Authority \nA State may impose and collect a cost recovery surcharge on the combustion or disposal in a landfill or incinerator of out-of-State municipal solid waste in such State. (2) Limitation \nDuring the period beginning on the date of enactment of this section and ending on December 31, 2006, a State may not impose or collect a cost recovery surcharge from a facility on any out-of-State municipal solid waste that meets both of the following conditions: (A) The waste is being received at the facility under one or more contracts entered into before the date of enactment of this section. (B) The amount of waste being received in a calendar year under the contract or contracts does not exceed the amount of waste received at the facility during calendar year 2003. (3) Amount of surcharge \nThe amount of the cost recovery surcharge may be no greater than the amount necessary to recover those costs determined in conformance with paragraph (5) and in no event may exceed $2 per ton of waste. (4) Use of surcharge collected \nAll cost recovery surcharges collected by a State shall be used to fund those solid waste management programs administered by the State or its political subdivisions that incur costs for which the surcharge is collected. (5) Conditions \n(A) Subject to subparagraphs (B) and (C), a State may impose and collect a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste if— (i) the State demonstrates a cost to the State arising from the combustion or disposal within the State of a volume of municipal solid waste from a source outside the State; (ii) the surcharge is based on those costs to the State demonstrated under clause (i) that, if not paid for through the surcharge, would otherwise have to be paid or subsidized by the State; and (iii) the surcharge is compensatory and is not discriminatory. (B) In no event shall a cost recovery surcharge be imposed by a State to the extent that the cost for which recovery is sought is otherwise recovered by any other fee or tax assessed against the generation, transportation, treatment, combustion, or disposal of solid waste. (C) The grant of a subsidy by a State with respect to entities disposing of waste generated within the State does not constitute discrimination for purposes of subparagraph (A)(iii). (6) Burden of proof \nIn any proceeding in which a State invokes this subsection to justify a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste, the State shall bear the burden of establishing that the cost recovery surcharge satisfies the conditions set forth in paragraph (5).", "id": "H3F7910093F9C4F839EC451078198F11B", "header": "Interstate transportation and disposal of municipal solid waste" }, { "text": "4012. International transportation and disposal of municipal solid waste \n(a) Authority \nConsistent with section 4011, a State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. (b) Effect on Interstate and foreign commerce \nNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. (c) Definitions \nFor purposes of this section: (1) Foreign municipal solid waste \nThe term foreign municipal solid waste means municipal solid waste generated outside of the United States. (2) Municipal solid waste \nThe term municipal solid waste has the meaning given that term in section 4011.", "id": "H93E9E317EECA4911B500147398D62E61", "header": "International transportation and disposal of municipal solid waste" }, { "text": "4013. Canadian transboundary movement of municipal solid waste \n(a) Prohibition \nNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. (b) Administrator’s authority \nThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall— (1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and (2) consider the impact of the importation on— (A) continued public support for and adherence to State and local recycling programs; (B) landfill capacity as provided in comprehensive waste management plans; (C) air emissions from increased vehicular traffic; (D) road deterioration from increased vehicular traffic; and (E) public health and the environment. (c) Compliance orders \n(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Public hearing \nAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (e) Violation of compliance orders \nIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.", "id": "HE312606A11054C78BAAAF220D9F0D5AF", "header": "Canadian transboundary movement of municipal solid waste" }, { "text": "3. Treatment and reuse of agricultural wastes \nSubtitle H of the Solid Waste Disposal Act ( 42 U.S.C. 6981 et seq. ) is amended— (1) in section 8005— (A) by striking and at the end of subsection (a)(9); (B) by striking the period at the end of subsection (a)(10) and inserting ; and ; (C) by adding at the end of subsection (a) the following: (11) the benefits of alternatives to open field disposal of agricultural solid wastes (including biomass). If a municipality or an intermunicipality contains 3,000,000 or more people, the Administrator shall work with that State and its municipal and intermunicipal pollution control agencies and the agricultural waste generators in those States to address pollution reduction or public health needs, where new treatment and disposal options referred to in paragraph (11) will reduce risks to public health, improve environmental quality, and conserve landfill capacity, demonstrate the value of alternatives to agricultural solid waste disposal, and develop commercially feasible, environmentally beneficial alternatives and make those methods and means known. For purposes of the preceding sentence and paragraph (11) only, agricultural wastes shall not include urban and forest wood products, and shall include field and seed crop residues, including straws from rice and wheat, and fruit and nut crop residues, including orchard and vineyard pruning and removals. ; and (D) by adding at the end the following new subsection: (d) Definition \nFor the purposes if this section, the term pollution control agency means— (1) a single State agency designated by the Governor of that State as the official State pollution control agency for purposes of this Act; (2) an agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of pollution; (3) a city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of pollution, such other agency; (4) an agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of pollution; or (5) an agency of an Indian tribe responsible for pollution control. ; and (2) in section 8007— (A) by inserting (a) before There are ; and (B) by adding at the end the following: (b) (1) Notwithstanding the limitations provided in section 8006(f), the Administrator may implement a demonstration project relating to the subject described in section 8005(a)(11), pursuant to section 8005(b). (2) There are authorized to be appropriated for generators of diverted agricultural waste $6,000,000 to carry out the demonstration program described in paragraph (1). Such amounts shall be matched with non-Federal funding on a one-to-one basis..", "id": "H15DEE225307A48C280A4EAF6CD7EEF60", "header": "Treatment and reuse of agricultural wastes" } ]

[ { "text": "That the time limitations specified in section 6248(a) of title 10, United States Code, shall not apply with respect to the posthumous award of the Congressional Medal of Honor under section 6241 of such title to Doris Miller (service number 356–12–35) for acts of heroism during World War II while a member of the United States Navy.", "id": "H15C76A37D3B24EB4B7FF64632FDE26B", "header": null } ]

[ { "text": "1. Land conveyance, Navy property, former Fort Sheridan, Illinois \n(a) Conveyance authorized \nThe Secretary of the Navy may convey, without consideration, to the State of Illinois, a political subdivision of the State, or a nonprofit land conservation organization (in this section collectively referred to as the grantee ), all right, title, and interest of the United States in and to certain environmentally sensitive land at the former Fort Sheridan, Illinois, consisting of mostly bluffs and ravines, for the purpose of ensuring the permanent protection of the lands. (b) Reversionary interest \nIf the Secretary determines at any time that the real property conveyed under subsection (a) is not being used or maintained in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to all or any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (c) Reconveyance authorized \nThe Secretary may permit the grantee to convey the real property conveyed under subsection (a) to another eligible entity described in such subsection, subject to the same covenants and terms and conditions as provided in the deed from the United States. (d) Payment of costs of conveyance \n(1) The Secretary shall require the grantee to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the grantee in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the grantee. (2) Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Exemption from federal screening \nThe conveyance authorized by subsection (a) is exempt from the requirement to screen the property for other Federal use pursuant to sections 2693 and 2696 of title 10, United States Code. (f) Description of property \nThe exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (g) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (h) Use of alternate conveyance authority \nIn lieu of using the authority provided by this section to convey the real property described in subsection (a), the Secretary may elect to include the property in a conveyance authorized by section 2878 of title 10, United States Code, subject to such terms, reservations, restrictions, and conditions as may be necessary to ensure the permanent protection of the property, if the Secretary determines that a conveyance under such section is advantageous to the interests of the United States.", "id": "H03C90C681E35481AA6A0E23B5C38646C", "header": "Land conveyance, Navy property, former Fort Sheridan, Illinois" } ]

[ { "text": "1. Land conveyance to City \n(a) Authorization for conveyance \nNot later than 90 days after the Secretary receives a request from the Tribe and the City to convey all right, title, and interest of the United States and the Tribe in and to the Property to the City, the Secretary shall take the Property out of trust status and convey the Property to the City. (b) Terms and conditions \nThe conveyance under subsection (a) shall be subject to the following conditions: (1) Tribal resolution \nPrior to conveying the Property under subsection (a), the Secretary shall ensure that the terms of the sale have been approved by a tribal resolution of the Tribe. (2) Consideration \nConsideration given by the City for the Property shall be not less than the appraised fair market value of the Property. (3) No federal cost \nThe City shall pay all costs related to the conveyance authorized under this section. (c) Proceeds of sale \nThe proceeds from the conveyance of the Property under this section shall be given immediately to the Tribe. (d) Failure to Make Conveyance \nIf after the Secretary takes the Property out of trust status pursuant to subsection (a) the City or the Tribe elect not to carry out the conveyance under that subsection, the Secretary shall take the Property back into trust for the benefit of the Tribe.", "id": "HE27F4A448F714B81BF8E05D74ED1C845", "header": "Land conveyance to City" }, { "text": "2. Tribal reservation \nLand acquired by the United States in trust for the Tribe after February 17, 1984, shall be part of the Tribe’s reservation.", "id": "H42814662ADEC48C286A38893EED53DE2", "header": "Tribal reservation" }, { "text": "3. Trust Land for Shivwits or Kanosh Bands \nIf requested to do so by a tribal resolution of the Tribe, the Secretary shall take land held in trust by the United States for the benefit of the Tribe out of such trust status and take that land into trust for the Shivwits or Kanosh Bands of the Paiute Indian Tribe of Utah, as so requested by the Tribe.", "id": "H19D1BE63E825494BBC2CC85521119EF0", "header": "Trust Land for Shivwits or Kanosh Bands" }, { "text": "4. Cedar band of paiutes technical correction \nThe Paiute Indian Tribe of Utah Restoration Act ( 25 U.S.C. 761 ) is amended by striking Cedar City each place it appears and inserting Cedar. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Cedar City Band of Paiute Indians shall be deemed to be a reference to the Cedar Band of Paiute Indians.", "id": "H089BA4AFE5B9472B83A619AF85450485", "header": "Cedar band of paiutes technical correction" }, { "text": "5. Definitions \nFor the purposes of this Act: (1) City \nThe term City means the City of Richfield, Utah. (2) Property \nThe term Property means the parcel of land held by the United States in trust for the Paiute Indian Tribe of Utah located in Section 2, Township 24 South, Range 3 West, Salt Lake Base and Meridian, Sevier County, Utah and more particularly described as follows: Beginning at a point on the East line of the Highway which is West 0.50 chains, more or less, and South 8° 21° West, 491.6 feet from the Northeast Corner of the Southwest Quarter of Section 2, Township 24 South, Range 3 West, Salt Lake Base and Meridian, and running thence South 81° 39° East, perpendicular to the highway, 528.0 feet; thence South 26° 31° West, 354.6 feet; thence North 63° 29° West, 439.3 feet to said highway; thence North 8° 21° East, along Easterly line of said highway 200.0 feet to the point of beginning, containing 3.0 acres more or less. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Tribe \nThe term Tribe means the Paiute Indian Tribe of Utah.", "id": "H90AA041F42EF4A0FA987EB1CA62CEA84", "header": "Definitions" } ]

[ { "text": "1. Increase in death gratuity payable with respect to members of the armed forces \n(a) Amount of death gratuity \nSection 1478(a) of title 10, United States Code, is amended by striking $12,000 and inserting $75,000. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to deaths occurring on or after September 11, 2001.", "id": "H304A7BED98CA4C3A9738903CBF1C93D2", "header": "Increase in death gratuity payable with respect to members of the armed forces" } ]

[ { "text": "1. Maxine S. Postal United States Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 695 Marconi Boulevard in Copiague, New York, shall be known and designated as the Maxine S. Postal United States Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Maxine S. Postal United States Post Office.", "id": "HE46318F2C92A4DFCBA09D8D59F8DE00", "header": "Maxine S. Postal United States Post Office" } ]

[ { "text": "1. Monthly Bonus for Members of the Armed Forces Subject to Stop-Loss Orders \n(a) Stop-loss order bonus \nChapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 327 Special pay: monthly bonus for members subject to stop-loss orders \n(a) Monthly bonus \nThe Secretary of a military department shall pay a monthly stop-loss order bonus to each member of the Armed Forces described in subsection (b) under the jurisdiction of the Secretary. (b) Eligible members \nAn eligible member referred to in subsection (a) is a member— (1) who is subject to a stop-loss order issued since October 1, 2001; and (2) whose ability to retire or be separated from the Armed Forces is suspended as a result of the order. (c) Amount of bonus \n(1) Monthly rate \nThe monthly rate of the bonus payable under this section is $500. (2) Pro rata payment \nIf a member entitled to a bonus under this section is not subject to a stop-loss order for an entire month, the Secretary shall pay the member a pro rata portion of the bonus for those days of the month for which the member was subject to the order. (d) Relationship to other pay or allowance \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 327. Special pay: monthly bonus for members subject to stop-loss orders. (c) Retroactivity \nThe Secretary of a military department shall take such action as is necessary to ensure that a member of the Armed Forces under the jurisdiction of the Secretary who satisfied the criteria for eligibility for a stop-loss order bonus under section 327 of title 37, United States Code, as added by subsection (a), for any month between October 1, 2001, and the effective date of this section, receives the bonus for those months during which the member satisfied such criteria. (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this section.", "id": "H6050FEF6B77049F8BDC71F9FBBC6C8E", "header": "Monthly Bonus for Members of the Armed Forces Subject to Stop-Loss Orders" }, { "text": "327 Special pay: monthly bonus for members subject to stop-loss orders \n(a) Monthly bonus \nThe Secretary of a military department shall pay a monthly stop-loss order bonus to each member of the Armed Forces described in subsection (b) under the jurisdiction of the Secretary. (b) Eligible members \nAn eligible member referred to in subsection (a) is a member— (1) who is subject to a stop-loss order issued since October 1, 2001; and (2) whose ability to retire or be separated from the Armed Forces is suspended as a result of the order. (c) Amount of bonus \n(1) Monthly rate \nThe monthly rate of the bonus payable under this section is $500. (2) Pro rata payment \nIf a member entitled to a bonus under this section is not subject to a stop-loss order for an entire month, the Secretary shall pay the member a pro rata portion of the bonus for those days of the month for which the member was subject to the order. (d) Relationship to other pay or allowance \nA bonus under this section is in addition to any other pay or allowance payable to a member under any other provision of law.", "id": "H191888D9170C40AE9519FFE91FF0BCB6", "header": "Special pay: monthly bonus for members subject to stop-loss orders" } ]

[ { "text": "1. Ray Charles Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 4960 West Washington Boulevard in Los Angeles, California, shall be known and designated as the Ray Charles Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ray Charles Post Office Building.", "id": "H5179CB8494524B9DB1F8080000470996", "header": "Ray Charles Post Office Building" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Military Stalking Prevention Act of 2005.", "id": "HFA84B37A5B9E4D269D11E389E05F447D", "header": "Short Title" }, { "text": "2. Stalking \n(a) In General \nSubchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 917 (article 117) the following new section: 917a. 117a. Stalking \nAny person subject to this chapter who wrongfully and knowingly engages in a course of conduct, or a course of unwanted communication, that would cause emotional distress to a reasonable person or would place a reasonable person in fear of injury to the person, property, or reputation of that person or any other person, is guilty of stalking and shall be punished as a court-martial may direct.. (b) Clerical Amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 917 (article 117) the following new item: 917a. 117a. Stalking.", "id": "HD4E1CBEE03AB4D75881BE549F541CFE2", "header": "Stalking" }, { "text": "917a. 117a. Stalking \nAny person subject to this chapter who wrongfully and knowingly engages in a course of conduct, or a course of unwanted communication, that would cause emotional distress to a reasonable person or would place a reasonable person in fear of injury to the person, property, or reputation of that person or any other person, is guilty of stalking and shall be punished as a court-martial may direct.", "id": "HB0AFC9B0070F4E518DC5FD63D1008019", "header": "117a. Stalking" } ]

[ { "text": "1. Suspension of duty on Direct blue 90 \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.08 Direct blue 90 (CAS No. 71873-63-7) (provided for in subheading 3204.14.20) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HACB886F7C9A54674A4C6BC647DE46BBF", "header": "Suspension of duty on Direct blue 90" } ]

[ { "text": "1. Short title \nThis section may be cited as the Truman Farm Home Expansion Act.", "id": "HEDA9E53FF3124991A5F8BEF2C5E51145", "header": "Short title" }, { "text": "2. Harry S Truman National Historic Site boundary modification \nThe first section of Public Law 98–32 ( 16 U.S.C. 461 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Acquisition of additional land \n(1) In general \nThe Secretary may acquire, by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or any other means, the land described in paragraph (2) for inclusion in the Harry S Truman National Historic Site. (2) Description of land \nThe land referred to in paragraph (1) consists of the approximately 5 acres of land (including the structure located south of the Truman Farm Home site), as generally depicted on the map entitled Harry S Truman National Historic Site Proposed Boundary , numbered 492/80,027, and dated April 17, 2003. (3) Boundary modification \nOn acquisition of the land under this subsection, the Secretary shall modify the boundary of the Harry S Truman National Historic Site to reflect the acquisition of the land..", "id": "HF8600BD3B96F47A5A30032A6007C45D1", "header": "Harry S Truman National Historic Site boundary modification" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Small Business Reauthorization and Manufacturing Assistance Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Small manufacturers assistance Sec. 101. Combination financing Sec. 102. Loan guarantee fees Sec. 103. Express loans Sec. 104. Deferred participation loan standards Sec. 105. Increase in guarantee amount and institution of associated fee Sec. 106. Debenture size Sec. 107. Job requirements Sec. 108. Report regarding national database of small manufacturers Sec. 109. International trade Title II—Authorizations Subtitle A—Program authorization levels and additional reauthorizations Sec. 201. Program authorization levels Sec. 202. Additional reauthorizations Subtitle B—Paul D. Coverdell drug-free workplace program authorizations and sundry amendments Sec. 211. Paul D. Coverdell drug-free workplace program authorization provisions Sec. 212. Grant provisions Sec. 213. Drug-free communities coalitions as eligible intermediaries Sec. 214. Promotion of effective practices of eligible intermediaries Sec. 215. Report to Congress Title III—Administration accountability and management Sec. 301. Document retention and investigations Sec. 302. Management of the Small Business Administration Title IV—Entrepreneurial development programs Subtitle A—Office of entrepreneurial development Sec. 401. Service Corps of Retired Executives Sec. 402. Small business development center program Subtitle B—Office of veterans business development Sec. 431. Advisory Committee on veterans business affairs Sec. 432. Outreach grants for veterans Sec. 433. Authorization of appropriations Sec. 434. National Veterans Business Development Corporation Title V—Small business procurement opportunities Sec. 501. Women-owned small business concerns; authorities of Administrator Sec. 502. Procurement center representatives Title VI—Miscellaneous Amendments to small business investment act of 1958 Sec. 601. Amendment to definition of equity capital with respect to issuers of participating securities Sec. 602. Amendment to small business investment company aggregate limitations provision Sec. 603. Investment of excess funds Sec. 604. Clarification of maximum surety bond guarantee", "id": "H9A7C73018C664F6583BF53B2E4811569", "header": "Short title; table of contents" }, { "text": "101. Combination financing \n(a) In general \nSection 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following new paragraph: (31) Combination financing \n(A) Definitions \nAs used in this paragraph— (i) the term combination financing means financing comprised of a loan guaranteed under this subsection and a commercial loan; and (ii) the term commercial loan means a loan that is part of a combination financing and no portion of which is guaranteed by the Federal Government. (B) Applicability \nThis paragraph applies to a loan guarantee obtained by a small business concern under this subsection, if the small business concern also obtains a commercial loan. (C) Commercial loan amount \nIn the case of any combination financing, the amount of the commercial loan which is part of such financing shall not exceed the gross amount of the loan guaranteed under this subsection which is part of such financing. (D) Commercial loan provisions \nThe commercial loan obtained by the small business concern— (i) may be made by the participating lender that is providing financing under this subsection or by a different lender; (ii) may be secured by a senior lien; and (iii) may be made by a lender in the Preferred Lenders Program, if applicable. (E) Commercial loan fee \nA one-time fee in an amount equal to 0.7 percent of the amount of the commercial loan shall be paid to the Administrator if the commercial loan has a senior credit position to that of the loan guaranteed under this paragraph. Any fee under the preceding sentence shall be paid by the participating lender and shall not be charged to the borrower. (F) Deferred participation loan security \nA loan guaranteed under this paragraph may be secured by a subordinated lien. (G) Completion of application processing \nThe Administrator shall complete processing of an application for combination financing under this paragraph pursuant to the program authorized by this subsection as it was operating on October 1, 2003. (H) Business loan eligibility \nAny standards prescribed by the Administrator relating to the eligibility of small business concerns to obtain combination financing under this subsection which are in effect on September 1, 2004, shall apply with respect to combination financings made under this paragraph. Any modifications to such standards by the Administrator after such date shall not unreasonably restrict the availability of combination financing under this paragraph relative to the availability of such financing before such modifications.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on October 1, 2004.", "id": "HF1F54F92FE6044C388BA5DECE81C9734", "header": "Combination financing" }, { "text": "102. Loan guarantee fees \n(a) In general \nSection 7(a)(23)(A) of the Small Business Act ( 15 U.S.C. 636(a)(23)(A) ) is amended to read as follows: (A) Percentage \nWith respect to each loan guaranteed under this subsection, the Administrator shall, in accordance with such terms and procedures as the Administrator shall establish by regulation, assess and collect an annual fee in an amount equal to 0.36 percent of the outstanding balance of the deferred participation share of the loan.. (b) Guarantee fees \nParagraph (18) of subsection (a) of section 7 of the Small Business Act ( 15 U.S.C. 636(a)(18) is amended to read as follows: (18) Guarantee fees \nWith respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower, as follows: (A) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000. (B) A guarantee fee equal to 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. (C) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000. (D) In addition to the fee under subparagraph (C), a guarantee fee equal to 0.25 percent of the amount, if any, by which the deferred participation share of the loan exceeds $1,000,000..", "id": "H318513F3543940E0ABFB646B847E0889", "header": "Loan guarantee fees" }, { "text": "103. Express loans \n(a) In general \nSection 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as amended by section 101, is further amended by adding at the end the following new paragraph: (32) Express loans \n(A) Definitions \nAs used in this paragraph: (i) The term express lender means any lender authorized by the Administrator to participate in the Express Loan Program. (ii) The term express loan means any loan made pursuant to this paragraph in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. (iii) The term Express Loan Program means the program for express loans established by the Administrator under paragraph (25)(B), as in existence on April 5, 2004, with a guaranty rate of not more than 50 percent. (B) Restriction to express lender \nThe authority to make an express loan shall be limited to those lenders deemed qualified to make such loans by the Administrator. Designation as an express lender for purposes of making an express loan shall not prohibit such lender from taking any other action authorized by the Administrator for that lender pursuant to this subsection. (C) Grandfathering of existing lenders \nAny express lender shall retain such designation unless the Administrator determines that the express lender has violated the law or regulations promulgated by the Administrator or modifies the requirements to be an express lender and the lender no longer satisfies those requirements. (D) Maximum loan amount \nThe maximum loan amount under the Express Loan Program is $2,000,000. (E) Option to participate \nExcept as otherwise provided in this paragraph, the Administrator shall take no regulatory, policy, or administrative action, without regard to whether such action requires notification pursuant to paragraph (24), that has the effect of— (i) requiring a lender to make an express loan pursuant to subparagraph (D); (ii) limiting or modifying any term or condition of deferred participation loans made under this subsection (other than express loans) unless the Administrator imposes the same limit or modification on express loans; (iii) transferring or re-allocating staff, staff responsibilities, resources, or funding, if the result of such transfer or re-allocation would be to increase the average loan processing, approval, or disbursement time above the averages for those functions as of October 1, 2003, for loan guarantees approved under this subsection by employees of the Administration or through the Preferred Lenders Program; or (iv) otherwise providing any incentive or disincentive which encourages lenders or borrowers to make or obtain loans under the Express Loan Program instead of under the general loan authority of this subsection. (F) Collection and reporting of data \nFor all loans in excess of $250,000 made pursuant to the authority set forth in subparagraph (D), the Administrator shall, to the extent practicable, collect data on the purpose for each such loan. The Administrator shall report monthly to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the number of such loans and their purposes.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on October 1, 2004.", "id": "HA9D66A8971B04D28A71930A26CE73E73", "header": "Express loans" }, { "text": "104. Deferred participation loan standards \n(a) In general \nSection 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as amended by section 101 and section 103, is further amended by adding at the end the following new paragraph: (33) Deferred participation loan standards \nDeferred participation loans made on or after October 1, 2004, under this subsection shall have the same terms and conditions (including maximum gross loan amounts and collateral requirements) as were applicable to loans made under this subsection on October 1, 2003, except as otherwise provided in paragraph (18)(D), paragraph (31), or paragraph (32) and subject to the $1,500,000 limitation on the total amount outstanding and committed in paragraph (3)(A), as in effect on October 1, 2004. This paragraph shall not preclude the Administrator from taking such action as necessary to maintain the loan program carried out under this subsection, subject to appropriations.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on October 1, 2004.", "id": "H88C3A79C39F0497492473FF300F0906F", "header": "Deferred participation loan standards" }, { "text": "105. Increase in guarantee amount and institution of associated fee \n(a) Increase in amount permitted to be outstanding and committed \nSection 7(a)(3)(A) of the Small Business Act ( 15 U.S.C. 636(a)(3)(A) ) is amended by striking $1,000,000 and inserting $1,500,000. (b) Effective date \nThe amendment made by subsection (a) shall take effect on October 1, 2004.", "id": "HD57C50A355C64701BDA6ACEBACD4377B", "header": "Increase in guarantee amount and institution of associated fee" }, { "text": "106. Debenture size \nSection 502(2) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(2) ) is amended to read as follows: (2) Maximum amount \n(A) In general \nLoans made by the Administration under this section shall be limited to— (i) $1,500,000 for each small business concern if the loan proceeds will not be directed toward a goal or project described in subparagraph (B) or (C); (ii) $2,000,000 for each small business concern if the loan proceeds will be directed toward 1 or more of the public policy goals described under section 501(d)(3); and (iii) $4,000,000 for each project of a small manufacturer. (B) Definition \nAs used in this paragraph, the term ‘small manufacturer’ means a small business concern— (i) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (ii) all of the production facilities of which are located in the United States..", "id": "HE595A04C494847A397E7785395CA9C71", "header": "Debenture size" }, { "text": "107. Job requirements \nSection 501 of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 ) is amended by adding at the end the following new subsection: (e)(1) A project meets the objective set forth in subsection (d)(1) if the project creates or retains one job for every $50,000 guaranteed by the Administration, except that the amount is $100,000 in the case of a project of a small manufacturer. (2) Paragraph (1) does not apply to a project for which eligibility is based on the objectives set forth in paragraph (2) or (3) of subsection (d), if the development company's portfolio of outstanding debentures creates or retains one job for every $50,000 guaranteed by the Administration. (3) For projects in Alaska, Hawaii, State-designated enterprise zones, empowerment zones and enterprise communities, labor surplus areas, as determined by the Secretary of Labor, and for other areas designated by the Administrator, the development company's portfolio may average not more than $75,000 per job created or retained. (4) Loans for projects of small manufacturers shall be excluded from calculations under paragraph (2) or (3). (5) Under regulations prescribed by the Administrator, the Administrator may waive any requirement of this subsection (other than paragraph (4)). (6) As used in this subsection, the term ‘small manufacturer’ means a small business concern— (A) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (B) all of the production facilities of which are located in the United States..", "id": "H8D6C8F9A4EF141DEAA15671515EB1919", "header": "Job requirements" }, { "text": "108. Report regarding national database of small manufacturers \n(a) Study and report \nThe Administrator, in consultation with the association of small business development centers authorized by section 21(k) of the Small Business Act ( 15 U.S.C. 648(k) ), shall— (1) study the feasibility of creating a national database of small manufacturers that institutions of higher education could access for purposes of meeting procurement needs; and (2) not later than one year after the date of the enactment of this Act, transmit a report to the Congress regarding the findings and conclusions of such study. (b) Cost estimate \nThe report referred to in subsection (a)(2) shall include an estimate of the cost of creating and maintaining the database described in subsection (a)(1). (c) Definition \nAs used in this section, the term small manufacturer means a small business concern — (1) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (2) all of the production facilities of which are located in the United States.", "id": "HAAAFC69D10B446B4B36FEC8F1C01F1D", "header": "Report regarding national database of small manufacturers" }, { "text": "109. International trade \n(a) In general \nSection 7(a)(16) of the Small Business Act ( 15 U.S.C. 636(a)(16) ) is amended to read as follows: (16) International trade \n(A) In general \nIf the Administrator determines that a loan guaranteed under this subsection will allow an eligible small business concern that is engaged in or adversely affected by international trade to improve its competitive position, the Administrator may make such loan to assist such concern in— (i) the financing of the acquisition, construction, renovation, modernization, improvement, or expansion of productive facilities or equipment to be used in the United States in the production of goods and services involved in international trade; or (ii) the refinancing of existing indebtedness that is not structured with reasonable terms and conditions. (B) Security \nEach loan made under this paragraph shall be secured by a first lien position or first mortgage on the property or equipment financed by the loan or on other assets of the small business concern. (C) Engaged in international trade \nFor purposes of this paragraph, a small business concern is engaged in international trade if, as determined by the Administrator, the small business concern is in a position to expand existing export markets or develop new export markets. (D) Adversely affected by international trade \nFor purposes of this paragraph, a small business concern is adversely affected by international trade if, as determined by the Administrator, the small business concern— (i) is confronting increased competition with foreign firms in the relevant market; and (ii) is injured by such competition. (E) Findings by certain Federal agencies \nFor purposes of subparagraph (D)(ii) the Administrator shall accept any finding of injury by the International Trade Commission or any finding of injury by the Secretary of Commerce pursuant to chapter 3 of title II of the Trade Act of 1974.. (b) Limitation increase \nSection 7(a)(3)(B) of the Small Business Act ( 15 U.S.C. 636(a)(3)(B) ) is amended— (1) by striking 1,250,000 and inserting 1,750,000 ; and (2) by striking $750,000 and inserting $1,250,000. (c) Effective date \nThe amendments made by this section shall take effect on October 1, 2004.", "id": "H25B798B1F65247A0002056E5FC6D7068", "header": "International trade" }, { "text": "201. Program authorization levels \nSection 20 of the Small Business Act ( 15 U.S.C. 631 note) is amended— (1) in subparagraph (D) and subparagraph (E) of paragraph (1) of subsection (a), by striking certification and inserting accreditation ; and (2) by striking subsections (c) through (i) and inserting the following new subsections: (c) Disaster mitigation pilot program \nThe following program levels are authorized for loans under section 7(b)(1)(C): (1) $15,000,000 for fiscal year 2005. (2) $15,000,000 for fiscal year 2006. (d) Fiscal year 2005 \n(1) Program levels \nThe following program levels are authorized for fiscal year 2005: (A) For the programs authorized by this Act, the Administration is authorized to make— (i) $75,000,000 in technical assistance grants, as provided in section 7(m); and (ii) $105,000,000 in direct loans, as provided in 7(m). (B) For the programs authorized by this Act, the Administration is authorized to make $23,050,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make— (i) $16,500,000,000 in general business loans, as provided in section 7(a); (ii) $6,000,000,000 in certified development company financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958 ; (iii) $500,000,000 in loans, as provided in section 7(a)(21); and (iv) $50,000,000 in loans, as provided in section 7(m). (C) For the programs authorized by title III of the Small Business Investment Act of 1958 , the Administration is authorized to make— (i) $4,250,000,000 in purchases of participating securities; and (ii) $3,250,000,000 in guarantees of debentures. (D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 , the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act. (E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). (2) Additional authorizations \n(A) There are authorized to be appropriated to the Administration for fiscal year 2005 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out title IV of the Small Business Investment Act of 1958 , including salaries and expenses of the Administration. (B) Notwithstanding any other provision of this paragraph, for fiscal year 2005— (i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and (ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958 , except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $2,000,000. (e) Fiscal year 2006 \n(1) Program levels \nThe following program levels are authorized for fiscal year 2006: (A) For the programs authorized by this Act, the Administration is authorized to make— (i) $80,000,000 in technical assistance grants, as provided in section 7(m); and (ii) $110,000,000 in direct loans, as provided in 7(m). (B) For the programs authorized by this Act, the Administration is authorized to make $25,050,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make— (i) $17,000,000,000 in general business loans, as provided in section 7(a); (ii) $7,500,000,000 in certified development company financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958 ; (iii) $500,000,000 in loans, as provided in section 7(a)(21); and (iv) $50,000,000 in loans, as provided in section 7(m). (C) For the programs authorized by title III of the Small Business Investment Act of 1958 , the Administration is authorized to make— (i) $4,500,000,000 in purchases of participating securities; and (ii) $3,500,000,000 in guarantees of debentures. (D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 , the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act. (E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). (2) Additional authorizations \n(A) There are authorized to be appropriated to the Administration for fiscal year 2006 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out title IV of the Small Business Investment Act of 1958 , including salaries and expenses of the Administration. (B) Notwithstanding any other provision of this paragraph, for fiscal year 2006— (i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and (ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958 , except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $2,000,000..", "id": "H7A8F11D8D8894075AF478BF2EF721037", "header": "Program authorization levels" }, { "text": "202. Additional reauthorizations \n(a) Drug-free workplace program assistance \nSection 21(c)(3)(T) of the Small Business Act ( 15 U.S.C. 648(c)(3)(T) ) is amended by striking October 1, 2003 and inserting October 1, 2006. (b) Small business development centers \nSection 21(a)(4)(C) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C) ) is amended— (1) by amending clause (vii) to read as follows: (vii) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subparagraph— (I) $130,000,000 for fiscal year 2005; and (II) $135,000,000 for fiscal year 2006. ; (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: (viii) Limitation \nFrom the funds appropriated pursuant to clause (vii), the Administration shall reserve not less than $1,000,000 in each fiscal year to develop portable assistance for startup and sustainability non-matching grant programs to be conducted by eligible small business development centers in communities that are economically challenged as a result of a business or government facility down sizing or closing, which has resulted in the loss of jobs or small business instability. A non-matching grant under this clause shall not exceed $100,000, and shall be used for small business development center personnel expenses and related small business programs and services..", "id": "H6E4174FECDE94C6EBDBACCAF1855F62B", "header": "Additional reauthorizations" }, { "text": "211. Paul D. Coverdell drug-free workplace program authorization provisions \n(a) In general \nParagraph (1) of section 27(g) of the Small Business Act ( 15 U.S.C. 654(g)(1) ) is amended by striking , $5,000,000 in the first sentence and all that follows through subsection in the second sentence and inserting the following: (other than subsection (b)(2)), $5,000,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph. (b) Limitation on authorization for small business development centers \nParagraph (2) of section 27(g) of the Small Business Act ( 15 U.S.C. 654(g) ) is amended by striking this subsection, not more than the greater of 10 percent or $1,000,000 and inserting paragraph (1) for each of fiscal years 2005 and 2006, not more than the greater of 10 percent or $500,000. (c) Additional authorization for technical assistance grants \nSubsection (g) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended by adding at the end the following new paragraph: (3) Additional authorization for technical assistance grants \nThere is authorized to be appropriated to carry out subsection (b)(2), $1,500,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph shall remain available until expended.. (d) Limitation on administrative costs \nSubsection (g) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as amended by subsection (c), is further amended by adding at the end the following new paragraph: (4) Limitation on administrative costs \nNot more than 5 percent of the total amount made available under this subsection for any fiscal year shall be used for administrative costs (determined without regard to the administrative costs of eligible intermediaries)..", "id": "H98C3F652B6984D36AA1450FE9D1FC9C6", "header": "Paul D. Coverdell drug-free workplace program authorization provisions" }, { "text": "212. Grant provisions \n(a) Additional grants for technical assistance \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (1) by striking There is established and inserting the following: (1) In general \nThere is established ; and (2) by adding at the end the following new paragraph: (2) Additional grants for technical assistance \nIn addition to grants under paragraph (1), the Administrator may make grants to, or enter into cooperative agreements or contracts with, any grantee for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program.. (b) Grants to be for 2 years \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654(b) ), as amended by subsection (a), is further amended by adding at the end the following new paragraph: (3) Grants to be for 2 years \nEach grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator..", "id": "H6FEE708A8B844E58B7886E473F5C844D", "header": "Grant provisions" }, { "text": "213. Drug-free communities coalitions as eligible intermediaries \nSubparagraph (D) of section 27(a)(2) of the Small Business Act ( 15 U.S.C. 654(a)(2) ) is amended to read as follows: (D) (i) the purpose of which is— (I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or (II) to provide other forms of assistance and services to small business concerns; or (ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. )..", "id": "H1A526E007F414A1CB07EE71F16845440", "header": "Drug-free communities coalitions as eligible intermediaries" }, { "text": "214. Promotion of effective practices of eligible intermediaries \nSection 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended by striking subsection (c) and inserting the following new subsection: (c) Promotion of effective practices of eligible intermediaries \n(1) Technical assistance and information \nThe Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs. (2) Evaluation of program \n(A) Data collection and analysis \nEach eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assistance provided under this section through the intermediary, including information regarding any increase or decrease among employees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph. (B) Method of evaluation \nThe Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the effectiveness of drug-free workplace programs established with assistance provided under this section, including the information referred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the benefits of drug-free workplace programs to the small business concern and to the concern’s employees and the identification of methods suitable for analyzing such information..", "id": "HEF476B40166C4006AC7558ADD694C5C", "header": "Promotion of effective practices of eligible intermediaries" }, { "text": "215. Report to Congress \nNot later than March 31, 2006, the Administrator of the Small Business Administration, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall submit to the Congress a report that— (1) analyzes the information collected under section 27(c) of the Small Business Act; (2) identifies trends in such information; and (3) evaluates the effectiveness of the drug-free workplace programs established with assistance under section 27 of the Small Business Act ( 15 U.S.C. 654 ).", "id": "HED0E3012AD854A3E00DFE0E7CB6D3262", "header": "Report to Congress" }, { "text": "301. Document retention and investigations \nSection 10(e) of the Small Business Act ( 15 U.S.C. 639(e) ) is amended by striking the matter preceding paragraph (2) and inserting the following: (e) Document retention; investigations \n(1) Document retention \nThe Administrator and the Inspector General of the Administration shall— (A) retain all documents and records, including correspondence, records of inquiry, memoranda (including those relating to all investigations conducted by or for the Administration), reports, studies, analyses, contracts, agreements, opinions, computer entries, e-mail messages, forms, manuals, briefing materials, press releases, and books for a period of not less than 2 years from the date such documents are created; (B) keep the items described in subparagraph (A) available at all times for inspection and examination by the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, or their duly authorized representatives; and (C) upon the written request of the Committee on Small Business and Entrepreneurship of the Senate or the Committee on Small Business of the House of Representatives pursuant to subparagraph (B), the Administrator or the Inspector General, as applicable, shall make such documents or records available to the requesting committee or its duly authorized representative within 5 business days of the request, and if a document or record cannot be made available within such timeframe, the Administrator or the Inspector General, as applicable, shall provide the requesting committee with a written explanation stating the reason that each document or record requested has not been provided and a date certain for its production..", "id": "H145CECFBE82C427395850072059FCB27", "header": "Document retention and investigations" }, { "text": "302. Management of the Small Business Administration \nSection 4 of the Small Business Act ( 15 U.S.C. 633 ) is amended— (1) by striking Sec. 4. and inserting the following: 4. Management of the Small Business Administration \n; (2) in subsection (a), by striking (a) and inserting the following: (a) Establishment \n; (3) in subsection (b)— (A) by striking (b)(1) and inserting the following: (b) Authority of Administrator \n(1) In general \n(A) Appointment \n; (B) in paragraph (1)— (i) by striking The Administrator shall not engage and inserting the following: (B) Sole employment \nThe Administrator shall not engage ; (ii) by striking In carrying out and inserting the following: (C) Nondiscrimination; special consideration for veterans \nIn carrying out ; and (iii) by striking The President and inserting the following: (D) Appointment of deputy administrator; associate administrators \nThe President ; and (C) in paragraph (2), by striking the Administrator also and inserting Responsibilities of Administrator.—The Administrator ; and (4) by adding at the end the following: (g) Office of lender oversight \nThe Director of the Office of Lender Oversight shall— (1) formulate, execute, and promote policies and procedures of the Administration that provide adequate and effective oversight and review of lenders participating in, or applying to participate in, the loan and loan guaranty programs for small business concerns under this Act and the Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq. ); and (2) report directly to the Chief Financial Officer of the Administration..", "id": "H37D339C4CA2A4E0086A16760D601CB58", "header": "Management of the Small Business Administration" }, { "text": "4. Management of the Small Business Administration", "id": "H1AAA7B13292543AEA6E74CB70032A212", "header": "Management of the Small Business Administration" }, { "text": "401. Service Corps of Retired Executives \n(a) In general \nSection 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) is amended— (1) by striking this Act; and to , and inserting this Act. To ; (2) by striking may maintain at its headquarters and all that follows through That any and inserting shall maintain at its headquarters and pay the salaries, benefits, and expenses of a volunteer and professional staff to manage and oversee the program. Any ; and (3) by striking the period at the end and inserting the following: and the management of the contributions received.. (b) Regulations \nThe Administration shall, not later than 180 days after the date of enactment of this Act, promulgate regulations to carry out the amendments made by subsection (a). (c) Extension of cosponsorship authority \nSection 401(a)(2) of the Small Business Administration Reauthorization and Amendments Act of 1994 ( 15 U.S.C. 637 note, 108 Stat. 4190) is amended by striking September 30, 2003 and inserting September 30, 2006.", "id": "H57829D87CD8E4B9A977F97D3F4E98009", "header": "Service Corps of Retired Executives" }, { "text": "402. Small business development center program \n(a) Privacy requirements \nSection 21(a) of the Small Business Act ( 15 U.S.C. 648(a) ) is amended by adding at the end the following: (7) Privacy requirements \n(A) In general \nA small business development center, consortium of small business development centers, or contractor or agent of a small business development center may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless— (i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a small business development center, but a disclosure under this clause shall be limited to the information necessary for such audit. (B) Administration use of information \nThis section shall not— (i) restrict Administration access to program activity data; or (ii) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (C) Regulations \nThe Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under subparagraph (A)(ii).. (b) Term change \nSection 21(k) of the Small Business Act ( 15 U.S.C. 648(k) ) is amended— (1) by striking Certification each place it appears and inserting Accreditation ; and (2) by striking certification each place it appears and inserting accreditation.", "id": "H3C4323944D664DAD9F7E6600C8F4F8EA", "header": "Small business development center program" }, { "text": "431. Advisory Committee on veterans business affairs \n(a) Retention of duties \nSection 33(h) of the Small Business Act ( 15 U.S.C. 657c(h) ) is amended by striking October 1, 2004 and inserting October 1, 2006. (b) Extension of authority \nSection 203(h) of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended by striking September 30, 2004 and inserting September 30, 2006.", "id": "H6D339348F42F4FEE97D64E12292B692F", "header": "Advisory Committee on veterans business affairs" }, { "text": "432. Outreach grants for veterans \nSection 8(b)(17) of the Small Business Act ( 15 U.S.C. 637(b)(17) ) is amended by inserting before the period at the end the following: , veterans, and members of a reserve component of the Armed Forces.", "id": "HDB8F6542689D46999C09E7C5127C834", "header": "Outreach grants for veterans" }, { "text": "433. Authorization of appropriations \nSection 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following new subsection: (c) Authorization of appropriations \nThere are authorized to be appropriated for carrying out this section— (1) $1,500,000 for fiscal year 2005; and (2) $2,000,000 for fiscal year 2006..", "id": "HBA06B9EC2D404206ACE04BB85500C44B", "header": "Authorization of appropriations" }, { "text": "434. National Veterans Business Development Corporation \nSection 33(a) of the Small Business Act ( 15 U.S.C. 657c(a) ) is amended by adding at the end the following: Notwithstanding any other provision of law, the Corporation is a private entity and is not an agency, instrumentality, authority, entity, or establishment of the United States Government..", "id": "H34008CA6D4A94378B4E9AF68005988DA", "header": "National Veterans Business Development Corporation" }, { "text": "501. Women-owned small business concerns; authorities of Administrator \nSubsections (m) and (n) of section 8 of the Small Business Act (15 U.S.C. 637 (m) and (n)) are amended to read as follows: (m) Procurement program for women-owned small business concerns \n(1) Definitions \nIn this subsection, the following definitions apply: (A) Small business concern owned and controlled by women \nThe term small business concern owned and controlled by women has the meaning given such term in section 3(n), except that ownership shall be determined without regard to any community property law. (2) Authority to restrict competition \nIn accordance with this subsection, a contracting officer may restrict competition for any contract for the procurement of goods or services by the Federal Government to small business concerns owned and controlled by women, if— (A) each of the concerns is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law); (B) the contracting officer has a reasonable expectation that 2 or more small business concerns owned and controlled by women will submit offers for the contract; (C) the contract is for the procurement of goods or services with respect to an industry identified by the Administrator pursuant to paragraph (4); (D) the anticipated award price of the contract (including options) does not exceed— (i) $5,000,000, in the case of a contract assigned an industrial classification code in sector 31, 32, or 33 of the North American Industrial Classification System; or (ii) $3,000,000, in the case of all other contracts; (E) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price; and (F) each of the concerns— (i) is certified by a Federal agency or a State government as a small business concern owned and controlled by women; (ii) is certified by a national certifying entity approved by the Administrator as a small business concern owned and controlled by women; or (iii) certifies to the contracting officer that it is a small business concern owned and controlled by women and provides adequate documentation in accordance with standards established by the Administration to support such certification. (3) Waiver \nWith respect to a small business concern owned and controlled by women, the Administrator may waive subparagraph (2)(A) if the Administrator determines that the concern is in an industry in which small business concerns owned and controlled by women are substantially underrepresented. (4) Identification of industries \n(A) In general \nThe Administrator shall conduct a study to identify industries in which small business concerns owned and controlled by women are underrepresented with respect to Federal procurement contracting. (B) Deadline \nNot later than 90 days after the date of the enactment of this subparagraph the Administrator shall— (i) ensure the completion of the study described in this paragraph; (ii) approve national certifying entities for the purposes of paragraph (2)(F)(ii); and (iii) make determinations in accordance with paragraph (3). (5) Enforcement; penalties \n(A) Verification of eligibility \nIn carrying out this subsection, the Administrator shall use existing procedures established by the Office of Hearings and Appeals relating to— (i) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this subsection (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under paragraph (2)(F)); and (ii) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under paragraph (2)(F). (B) Examinations \nThe procedures established under subparagraph (A) may provide for program examinations (including random program examinations) by the Administrator of any small business concern making a certification or providing information to the Administrator under paragraph (2)(F). (C) Penalties \nIn addition to the penalties described in section 16(d), any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by women for purposes of this subsection, shall be subject to— (i) section 1001 of title 18, United States Code; and (ii) sections 3729 through 3733 of title 31, United States Code. (6) Provision of data \nUpon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out this subsection. (n) Authorities of Administrator \nIn carrying out subsections 7(i), 8(a), and 8(b) the Administrator may do the following: (1) Utilize, with their consent, the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or political subdivision of a State, accept and utilize the services and facilities of such State or subdivision without reimbursement. (2) Accept voluntary and uncompensated services, notwithstanding section 1342 of title 31, United States Code. (3) Employ experts and consultants or organizations thereof as authorized by section 3109 of title 5, United States Code. No individual may be employed under the authority of this paragraph for more than 100 days in any fiscal year. No individual employed under this paragraph may be compensated at rates in excess of the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, including traveltime. Individuals employed under this paragraph may be allowed, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code for persons in the Government service employed intermittently. Contracts for employment under this paragraph may be renewed annually..", "id": "HE58AB1E020604D5FA80239E26C1BD7F5", "header": "Women-owned small business concerns; authorities of Administrator" }, { "text": "502. Procurement center representatives \nSection 15(l) of the Small Business Act ( 15 U.S.C. 644(l) ) is amended— (1) in the last sentence of paragraph (1), by striking to the representative referred to in subsection (k)(6) and inserting the traditional procurement center representative and the commercial market representative, with each position filled by a different individual, and each such representative having separate and distinct duties and responsibilities. ; and (2) by adding at the end the following new paragraph: (8) The Administration shall assign at least 1 procurement center representative at each major procurement center, in addition to at least 1 procurement center representative for each State..", "id": "H1627D3537F164693A150574150123D37", "header": "Procurement center representatives" }, { "text": "601. Amendment to definition of equity capital with respect to issuers of participating securities \nSection 303(g)(4) of the Small Business Investment Act of 1958 (15 U.S.C. 683 (g)(4)) is amended— (1) in the first sentence, by striking subsection and inserting Act ; and (2) in the second sentence, by striking contingent upon and limited to the extent of earnings and inserting from appropriate sources, as determined by the Administration.", "id": "H7EB1003712444B439C28FBF2B4FBD086", "header": "Amendment to definition of equity capital with respect to issuers of participating securities" }, { "text": "602. Amendment to small business investment company aggregate limitations provision \nSection 306(a) of the Small Business Investment Act of 1958 ( 15 U.S.C. 686(a) ) is amended by to read as follows: (a) If a small business investment company has outstanding financing from the Administration, the aggregate amount of obligations and securities acquired and for which commitments may be issued by the company under this title for a single enterprise shall not, without the approval of the Administration, exceed the greater of 20 percent of the private capital of the company or 10 percent of the sum of: (1) (1) the private capital of the company; (2) all leverage, whether or not outstanding, issued to the company; and (3) all unexercised commitments issued to the company by the Administration..", "id": "H60B7A3C9FC034E15B7DD07ABE536EC17", "header": "Amendment to small business investment company aggregate limitations provision" }, { "text": "603. Investment of excess funds \nSection 308(b) of the Small Business Act ( 15 U.S.C. 687(b) ) is amended by striking the last sentence and inserting the following new sentence: Such companies with outstanding financings are authorized to invest funds not needed for their operations— (1) in direct obligations of, or obligations guaranteed as to principal and interest by, the United States; (2) in certificates of deposit or other accounts of federally insured banks or other federally insured depository institutions, if the certificates or other accounts mature or are otherwise fully available not more than 1 year after the date of the investment; or (3) in mutual funds, securities, or other instruments that consist of, or represent pooled assets of, investments described in paragraphs (1) or (2)..", "id": "H3FED222A4C8546998F1300E0AA587EBF", "header": "Investment of excess funds" }, { "text": "604. Clarification of maximum surety bond guarantee \nSection 411(a)(1) of the Small Business Investment Act of 1958 ( 15 U.S.C. 694b(a)(1) ) is amended by striking contract up to and inserting total work order or contract amount at the time of bond execution that does not exceed.", "id": "H387FDA0F827541EB9D6998AD76705251", "header": "Clarification of maximum surety bond guarantee" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Providing Annual Pap Tests to Save Women’s Lives Act of 2004.", "id": "H10EBE636F01E4911AD418BDA22DFFD4E", "header": "Short title" }, { "text": "2. Coverage of annual screening pap smear and pelvic exams \n(a) In general \n(1) Annual screening pap smear \nSection 1861(nn)(1) of the Social Security Act ( 42 U.S.C. 1395x(nn)(1) ) is amended by striking , if the individual involved and all that follows before the period and inserting if the woman involved has not had such a test during the preceding year. (2) Annual screening pelvic exam \nSection 1861(nn)(2) of the Social Security Act ( 42 U.S.C. 1395x(nn)(2) ) is amended by striking during the preceding 2 years, or during the preceding year in the case of a woman described in paragraph (3), and inserting during the preceding year,. (3) Conforming amendment \nSection 1861(nn) of the Social Security Act ( 42 U.S.C. 1395x(nn) ) is amended by striking paragraph (3). (b) Effective date \nThe amendments made by subsection (a) apply to items and services furnished on or after January 1, 2005.", "id": "H686E97B8F22944479DE77799D50579D7", "header": "Coverage of annual screening pap smear and pelvic exams" } ]

[ { "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 2 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 \nThis Act may be cited as the Oil Price Safeguard Act.", "id": "HCEB963F7CF0E47BE8F151B006625F3AA", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) a sharp, sustained increase in the price of crude oil would negatively affect the overall economic well-being of the United States; (2) the United States currently imports roughly 55 percent of its oil; (3) heating oil price increases disproportionately harm the poor and the elderly; and (4) the global oil market is often greatly influenced by nonmarket-based supply manipulations, including price fixing and production quotas.", "id": "H42D8A055A6AC4EF38D6330B34F958CF4", "header": "Findings" }, { "text": "3. Drawdown of Strategic Petroleum Reserve \nSection 161(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(d) ) is amended by adding at the end the following: (3) Reduction in supply caused by anticompetitive conduct \n(A) In general \nFor the purposes of this section, in addition to the circumstances set forth in section 3(8) and in paragraph (2) of this subsection, a severe energy supply interruption shall be deemed to exist if the President determines that— (i) there is a significant reduction in supply that— (I) is of significant scope and duration; and (II) has caused a significant increase in the price of petroleum products; (ii) the increase in price is likely to cause a significant adverse impact on the national economy; and (iii) a substantial cause of the reduction in supply is the anticompetitive conduct of 1 or more foreign countries or international entities. (B) Deposit and use of proceeds \nProceeds from the sale of petroleum drawn down pursuant to a Presidential determination under subparagraph (A) shall— (i) be deposited in the SPR Petroleum Account; and (ii) be used only for the purposes specified in section 167..", "id": "H6118507F43BB400EB9ED78EEC815E643", "header": "Drawdown of Strategic Petroleum Reserve" }, { "text": "4. Reporting and consultation requirements \nIf the price of a barrel of crude oil exceeds $35 (in constant 2003 United States dollars) for a period greater than 14 days, the President, through the Secretary of Energy, shall, not later than 30 days after the end of the 14-day period, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (1) states the results of a comprehensive review of the causes and potential consequences of the price increase; (2) provides an estimate of the likely duration of the price increase, based on analyses and forecasts of the Energy Information Administration; (3) provides an analysis of the effects of the price increase on the cost of home heating oil; and (4) states whether, and provides a specific rationale for why, the President does or does not support the drawdown and distribution of a specified amount of oil from the Strategic Petroleum Reserve.", "id": "HAEA8F3F3CD0F425CBFD6141C71B5DB39", "header": "Reporting and consultation requirements" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Dual Gateway Policy Review Act.", "id": "HA45CDCF2F0AB48988B218B4CFCB773C", "header": "Short title" }, { "text": "2. Dual gateway policy review required \n(a) In general \nThe Secretary of State shall review the dual gateway policy and determine the effects the discontinuation of the policy might have on the United States economy and the Western Ireland economy before the United States takes any diplomatic action that could lead to the discontinuation of the policy. (b) Economic impact study \nIn determining the effects that the discontinuation of the dual gateway policy might have on the United States economy, the Secretary of State, in consultation with the heads of other appropriate departments and agencies, shall consider the effects the discontinuation of the policy might have on United States businesses operating in Western Ireland and Irish businesses operating in and around Shannon Airport. (c) Report \nThe Secretary of State shall submit a report describing the determinations made under subsection (a), together with any recommendations for United States action, to Congress not later than 180 days after the date of the enactment of this Act. (d) Dual gateway policy \nThe term dual gateway policy means the policy of the Irish Government which requires certain air carriers serving Dublin Airport to undertake equal numbers of flights to Shannon Airport and Dublin Airport during each calendar year.", "id": "H373E1813C1FF4134B5FE85C9EFC0EBC2", "header": "Dual gateway policy review required" } ]

[ { "text": "1. Short title \nThis Act may be cited as One Church, One Child Act of 2004.", "id": "HDB71FA0A79ED44C4BDC04BE7B11DFD13", "header": "Short title" }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Many States are facing serious shortages of qualified foster parents and qualified adoptive parents. (2) A 2002 report by the National Conference of State Legislatures found that, while the number of children in foster care increased by 68 percent between 1984 and 1995, the number of foster parents decreased by 4 percent during the same period. (3) The shortage of adoptive parents is equally dire—while only 50,000 children were adopted out of foster care in 2001, as many as 126,000 children were awaiting adoption. On average, each of these waiting children had been in foster care for 44 months. (4) The rapid increase in the annual number of adoptions from foster care since the enactment of the Adoption and Safe Families Act of 1997 has created a growing need for post-adoption services and for service providers with the knowledge and skills required to address the unique issues adoptive families and children may face. (5) One Church, One Child is a national faith and community-based foster care and adoption ministry established in Chicago, Illinois, in 1980 by Father George Clements, whose mission is to provide comprehensive services that promote the well-being of at-risk children and the strengthening and empowerment of adoptive, foster, and kinship families. Since its formation, the organization and programs based on its model have successfully placed more than 140,000 children in adoptive families nationwide. (6) Despite its success as a model for providing recruitment, training, and support services for certified foster and adoptive parents, One Church, One Child programs and programs based on this concept have received limited federal funding. (7) The creation of a federally-funded grant program to support the establishment and expansion of programs for the recruitment of foster parents and adoptive parents which are modeled on the One Church, One Child concept will benefit the Nation’s abused and neglected children by increasing the pool of qualified adoptive parents and qualified foster parents.", "id": "H34B69AC2F1144611B5ABED1EAD00EE66", "header": "Findings" }, { "text": "3. One church, one child grants \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is amended by adding at the end the following: 479B. One church, one child grants \n(a) Competitive grants to eligible entities to conduct one church, one child foster parent and adoption parent recruitment programs \n(1) Grant authority \n(A) In general \nThe Secretary shall make grants, on a competitive basis, to eligible entities to support the establishment or expansion of programs that use networks of public, private and faith-based organizations to recruit and train qualified foster parents and qualified adoptive parents and provide support services to adoptive and foster children and their families. (B) Eligible entity \nIn this section, the term eligible entity means a State or local government, local public agency, community-based or nonprofit organization, or private entity, including any charitable or faith-based organization, that submits to the Secretary, at such time, in such form, and in such manner as the Secretary may require, an application that contains such information as the Secretary may require and the following: (i) Project description \nA description of the programs or activities the entity intends to carry out with funds provided under this section, including an estimate of the number of children to be served under such programs or activities and a description of the services to be provided to prospective adoptive and foster parents, including post-placement supportive services. (ii) Coordination of efforts \nA description of how the entity will coordinate and cooperate with State and local entities responsible for carrying out programs related to the recruitment of foster parents and adoptive parents, and with the national clearinghouse established under section 479C. (iii) Records, reports, and audits \nAn agreement to maintain such records, submit such reports, and cooperate with such reviews and audits as the Secretary finds necessary for purposes of oversight. (2) Definition of state \nIn this section, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Limitations on authorization of appropriations \nTo carry out this section, there are authorized to be appropriated to the Secretary not more than $20,000,000 for each of fiscal years 2005 through 2009. (4) 3-year availability of grant funds \nAn eligible entity to which a grant is made under this section for a fiscal year shall remit to the Secretary any part of the grant that is not expended by the end of the second succeeding fiscal year, together with any earnings on such unexpended amount. (5) Redistribution of unused grant funds \nThe Secretary shall redistribute any funds remitted under paragraph (4) among eligible entities that the Secretary determines have a need for additional funds to carry out the programs and activities referred to in paragraph (1)(B)(i). (b) Provisions relating to religious organizations \n(1) Nondiscrimination \nFor the purpose of awarding grants under this section, the Secretary shall consider religious organizations on the same basis as other nongovernmental organizations, so long as the grant is to be implemented in a manner consistent with the Establishment Clause of the First Amendment to the Constitution of the United States. A State or local government receiving funds under this section shall not discriminate against an organization that seeks to participate in a program funded under this section on the basis that the organization has a religious character. (2) Noninterference \nNeither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance; or (B) to remove from its premises religious art, icons, scripture, or other symbols, in order to be eligible to receive a grant under this section or to participate in a program funded under this section. (3) Limitations on use of funds \nFunds provided directly to a religious organization to carry out a program funded under this section shall not be expended for sectarian worship, instruction, or proselytization. (4) Fiscal accountability \n(A) In general \nExcept as provided in paragraph (B), a religious organization receiving funds under this section shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds. (B) Separation of funds \nSuch an organization shall keep all funds provided under this section in an account separate from all other funds of the organization..", "id": "H23F783FBA69545A184009C7178304B9D", "header": "One church, one child grants" }, { "text": "479B. One church, one child grants \n(a) Competitive grants to eligible entities to conduct one church, one child foster parent and adoption parent recruitment programs \n(1) Grant authority \n(A) In general \nThe Secretary shall make grants, on a competitive basis, to eligible entities to support the establishment or expansion of programs that use networks of public, private and faith-based organizations to recruit and train qualified foster parents and qualified adoptive parents and provide support services to adoptive and foster children and their families. (B) Eligible entity \nIn this section, the term eligible entity means a State or local government, local public agency, community-based or nonprofit organization, or private entity, including any charitable or faith-based organization, that submits to the Secretary, at such time, in such form, and in such manner as the Secretary may require, an application that contains such information as the Secretary may require and the following: (i) Project description \nA description of the programs or activities the entity intends to carry out with funds provided under this section, including an estimate of the number of children to be served under such programs or activities and a description of the services to be provided to prospective adoptive and foster parents, including post-placement supportive services. (ii) Coordination of efforts \nA description of how the entity will coordinate and cooperate with State and local entities responsible for carrying out programs related to the recruitment of foster parents and adoptive parents, and with the national clearinghouse established under section 479C. (iii) Records, reports, and audits \nAn agreement to maintain such records, submit such reports, and cooperate with such reviews and audits as the Secretary finds necessary for purposes of oversight. (2) Definition of state \nIn this section, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Limitations on authorization of appropriations \nTo carry out this section, there are authorized to be appropriated to the Secretary not more than $20,000,000 for each of fiscal years 2005 through 2009. (4) 3-year availability of grant funds \nAn eligible entity to which a grant is made under this section for a fiscal year shall remit to the Secretary any part of the grant that is not expended by the end of the second succeeding fiscal year, together with any earnings on such unexpended amount. (5) Redistribution of unused grant funds \nThe Secretary shall redistribute any funds remitted under paragraph (4) among eligible entities that the Secretary determines have a need for additional funds to carry out the programs and activities referred to in paragraph (1)(B)(i). (b) Provisions relating to religious organizations \n(1) Nondiscrimination \nFor the purpose of awarding grants under this section, the Secretary shall consider religious organizations on the same basis as other nongovernmental organizations, so long as the grant is to be implemented in a manner consistent with the Establishment Clause of the First Amendment to the Constitution of the United States. A State or local government receiving funds under this section shall not discriminate against an organization that seeks to participate in a program funded under this section on the basis that the organization has a religious character. (2) Noninterference \nNeither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance; or (B) to remove from its premises religious art, icons, scripture, or other symbols, in order to be eligible to receive a grant under this section or to participate in a program funded under this section. (3) Limitations on use of funds \nFunds provided directly to a religious organization to carry out a program funded under this section shall not be expended for sectarian worship, instruction, or proselytization. (4) Fiscal accountability \n(A) In general \nExcept as provided in paragraph (B), a religious organization receiving funds under this section shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds. (B) Separation of funds \nSuch an organization shall keep all funds provided under this section in an account separate from all other funds of the organization.", "id": "H253E0D55B3074BFCAAA1C4F20CDFBC5", "header": "One church, one child grants" }, { "text": "4. National clearinghouse for adoption promotion and foster parent programs; annual report to Congress \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is further amended by adding at the end the following: 479C. National clearinghouse for adoption promotion and foster parent recruitment programs; annual report to Congress \n(a) National clearinghouse for adoption promotion and foster parent recruitment programs \n(1) National clearinghouse \n(A) In general \nThe Secretary shall enter into a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in subparagraph (B) to— (i) assist State and local governments, local public agencies, community-based organizations, nonprofit organizations, and private entities, including charitable and faith-based organizations in coordinating their activities relating to recruitment of foster parents and adoptive parents and the provision of post-placement support to foster families and adoptive families; (ii) design and provide technical assistance and training for grantees and identify and disseminate to grantees best practices for recruiting and training prospective foster and adoptive parents and providing post-placement support to foster families and adoptive families; (iii) collect information on the effectiveness of the programs funded under section 479B, including the number of children placed under the programs, the number of foster parents and adoptive parents recruited under such programs, and such other data as the Secretary requires for evaluating the effectiveness of such programs; and (iv) assist the Secretary in the preparation of the reports required by subsection (b). (B) Nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described \nThe nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in this subparagraph is an organization, selected by the Secretary on a competitive basis, that— (i) has demonstrated experience in providing consultation and training to faith-based and community organizations interested in adoption promotion and foster parent recruitment; (ii) has an established national reputation in working with faith-based and community organizations to recruit and train prospective foster and adoptive parents; and (iii) has extensive experience in establishing and working with programs based on the One Church, One Child model. (2) Limitations on authorization of appropriations \nTo carry out this subsection, there are authorized to be appropriated not more than $1,000,000 for each of fiscal years 2005 through 2009. (b) Annual reports \nNot later than 1 year after the date a grant is first made under section 479B and annually thereafter, the Secretary shall prepare and submit to the Congress a report that includes the following with respect to the year involved: (1) A specification of the number of entities to which grants have been made under section 479B. (2) A specification of the number of foster parents and adoptive families recruited by the programs which have been supported with the grants. (3) A specification of the number of children placed with such foster parents and adoptive families, and the outcomes of such placements. (4) Any other information that the Secretary determines is relevant to the evaluation of the program under section 479B..", "id": "HB071EC16933144CFB3343607C58CC9B9", "header": "National clearinghouse for adoption promotion and foster parent programs; annual report to Congress" }, { "text": "479C. National clearinghouse for adoption promotion and foster parent recruitment programs; annual report to Congress \n(a) National clearinghouse for adoption promotion and foster parent recruitment programs \n(1) National clearinghouse \n(A) In general \nThe Secretary shall enter into a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in subparagraph (B) to— (i) assist State and local governments, local public agencies, community-based organizations, nonprofit organizations, and private entities, including charitable and faith-based organizations in coordinating their activities relating to recruitment of foster parents and adoptive parents and the provision of post-placement support to foster families and adoptive families; (ii) design and provide technical assistance and training for grantees and identify and disseminate to grantees best practices for recruiting and training prospective foster and adoptive parents and providing post-placement support to foster families and adoptive families; (iii) collect information on the effectiveness of the programs funded under section 479B, including the number of children placed under the programs, the number of foster parents and adoptive parents recruited under such programs, and such other data as the Secretary requires for evaluating the effectiveness of such programs; and (iv) assist the Secretary in the preparation of the reports required by subsection (b). (B) Nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described \nThe nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in this subparagraph is an organization, selected by the Secretary on a competitive basis, that— (i) has demonstrated experience in providing consultation and training to faith-based and community organizations interested in adoption promotion and foster parent recruitment; (ii) has an established national reputation in working with faith-based and community organizations to recruit and train prospective foster and adoptive parents; and (iii) has extensive experience in establishing and working with programs based on the One Church, One Child model. (2) Limitations on authorization of appropriations \nTo carry out this subsection, there are authorized to be appropriated not more than $1,000,000 for each of fiscal years 2005 through 2009. (b) Annual reports \nNot later than 1 year after the date a grant is first made under section 479B and annually thereafter, the Secretary shall prepare and submit to the Congress a report that includes the following with respect to the year involved: (1) A specification of the number of entities to which grants have been made under section 479B. (2) A specification of the number of foster parents and adoptive families recruited by the programs which have been supported with the grants. (3) A specification of the number of children placed with such foster parents and adoptive families, and the outcomes of such placements. (4) Any other information that the Secretary determines is relevant to the evaluation of the program under section 479B.", "id": "H8EA4BDFE1B0542799BA0B2B04DBBBA76", "header": "National clearinghouse for adoption promotion and foster parent recruitment programs; annual report to Congress" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) Yo-Yo Waterballs (also known as water yo-yos) are inexpensive, easily accessible toys that pose a strangulation hazard and threaten the health of children. (2) Yo-Yo Waterballs are banned in France, the United Kingdom, Luxembourg, Australia, Brazil, and Canada, and Germany and New Zealand have issued warnings concerning Yo-Yo Waterballs. (3) The New York State Consumer Protection Board has issued 2 warnings calling Yo-Yo Waterballs serious hazards to kids, and the Massachusetts Office of Consumer Affairs and Business Regulation calls Yo-Yo Waterballs a great risk to children. (4) Consumer Reports magazine rated Yo-Yo Waterballs as not acceptable in the December 2003 issue. (5) World Against Toys Causing Harm labeled Yo-Yo Waterballs as one of the 10 Worst Toys of 2003. (6) On July 2, 2003, a petition from New York’s Empire State Consumer Association reported that the fluid inside the balls is toxic and flammable. (7) The United States Consumer Product Safety Commission has reported that Yo-Yo Waterballs pose a potential risk of strangulation. (8) According to the Consumer Product Safety Commission, as of September 29, 2004, Yo-Yo Waterballs were responsible for 394 reported health incidents, 281 of which were coded as causing suffocation or strangulation. (9) Of those 193 incidents, 52 resulted in serious breathing difficulties that rendered the child unconscious and lifeless after suffering from a lack of oxygen or broken blood vessels. (10) The Consumer Product Safety Commission reported that 24 children reported allergic reactions to the fluid and it caused some to have trouble breathing. (11) In spite of evidence concerning the danger to children caused by Yo-Yo Waterballs, the Consumer Product Safety Commission has refused repeated attempts towards banning these dangerous toys.", "id": "HF1F03B32F1D34C2DB3D232B8B776EC9C", "header": "Findings" }, { "text": "2. Declaration of Yo-Yo Waterball toy a banned hazardous product \nNot later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a rule pursuant to section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ) declaring the Yo-Yo Waterball toy a banned hazardous product under such Act.", "id": "H175A024C976E425DB9A6FE8402344C00", "header": "Declaration of Yo-Yo Waterball toy a banned hazardous product" }, { "text": "3. Definition \nFor purposes of this Act, the term Yo-Yo Waterball toy includes the Yo-Yo Waterball, and any similar water yo-yo that contains a rubber ball filled with liquid and attached to a rubber cord.", "id": "H66454AB159D24DDCB259C0472B1E7E6C", "header": "Definition" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Full Enrollment Environmental Quality Incentives Program (FEEQIP) Act of 2004.", "id": "H6A6CCFE64C454EBEA3DCD8DCD0771810", "header": "Short title" }, { "text": "2. Funding of the Environmental Quality Incentives Program \nSection 1241(a)(6) of the Food Security Act of 1985 ( 16 U.S.C. 3821(a)(6) ) is amended by striking all that follows chapter 4 and inserting a period.", "id": "H0E6D67441DA7413CA86121C00AB81D3", "header": "Funding of the Environmental Quality Incentives Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Jobs Investment Act of 2004.", "id": "HD30165F2CCDA4E339FED619308155300", "header": "Short title" }, { "text": "2. State tax incentives for investment in the acquisition, construction, installation, and rehabilitation of improvements, real estate, fixtures, equipment, and facilities \n(a) In general \nA State may provide to any entity— (1) a credit against any tax or fee owed to the State under a State law; or (2) any other tax incentive, determined by the State to be appropriate, in an amount calculated under a formula determined by the State, for investment in the acquisition, construction, installation, and rehabilitation of improvements, real estate, fixtures, equipment, and facilities located in the State by the entity that receives such credit or such incentive. (b) Effect on interstate commerce \nAny action taken by a State in accordance with this section with respect to a tax or fee payable, or incentive applicable, for any period beginning after the date of the enactment of this Act shall— (1) be considered to be a reasonable regulation of commerce; and (2) not be considered an undue burden in interstate commerce or otherwise impair, restrain, or discriminate against interstate commerce.", "id": "H0384813F05B44E64A7492845EBFCFF6", "header": "State tax incentives for investment in the acquisition, construction, installation, and rehabilitation of improvements, real estate, fixtures, equipment, and facilities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Emergency Flu Response Act of 2004.", "id": "H003E584C774D4F2995B42699CF67669C", "header": "Short title" }, { "text": "2. Emergency flu response \nTitle XXI of the Public Health Service Act ( 42 U.S.C. 300aa–1 et seq. ) is amended by adding at the end the following: 3 Influenza vaccine \n2141. Definition \nIn this subtitle, the term priority group means a group described as a priority group for vaccination with influenza vaccine in recommendations entitled Interim Influenza Vaccination Recommendations - 2004-2005 Influenza Season , dated October 5, 2004, or any successor to such recommendations issued by the Secretary. 2142. Emergency access to influenza vaccine \n(a) Declaration of emergency \n(1) In general \nUnder section 564(b)(1)(C) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(b)(1)(C) ), the Secretary shall immediately declare the shortage of influenza vaccine in the United States for the 2004-2005 influenza season to be an emergency justifying an authorization for a product under section 564 of such Act ( 21 U.S.C. 360bbb ). (2) Determination \nFor the purpose of making determinations under section 564(b)(1)(C) of such Act to carry out paragraph (1), the Secretary— (A) shall deem the shortage to be a public health emergency described in such section; and (B) shall deem influenza virus to be a biological agent. (3) Construction \nNothing in this subsection shall be considered to invoke the authorities described in section 319, or to limit the ability of the Secretary to invoke such authorities. (b) Seeking influenza vaccine \nThe Secretary shall promptly consult with the health ministries of Canada, countries that are members of the European Union as of January 1, 2003, Japan, and Switzerland to assess the availability of influenza vaccine for the 2004-2005 influenza season that— (1) has been approved, licensed, or otherwise cleared for marketing by the relevant regulatory agency in such a country; and (2) is in excess of the needs in such country for the vaccination of persons at high risk for complications from influenza. (c) Issuance of authorization \n(1) In general \nThe Secretary shall promptly evaluate available influenza vaccine (as identified under subsection (b)) to determine whether the vaccine meets the criteria for issuance of an authorization under section 564(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(c) ). (2) Criteria \nFor the purpose of making determinations under section 564(c) of such Act to carry out paragraph (1), the Secretary— (A) shall deem influenza virus to be an agent that can cause a serious or life-threatening disease or condition; and (B) shall deem the shortage described in subsection (a)(1) to be sufficient evidence that there is no alternative described in section 564(c)(3). (d) Vaccine purchase \nNot later than 30 days after the date of enactment of the Emergency Flu Response Act of 2004 , the Secretary shall purchase, at a reasonable price, available influenza vaccine identified under subsection (b) for which the Secretary has issued an authorization under section 564(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(c) ). (e) Vaccine distribution \nNotwithstanding any other provision of law, the Secretary shall promptly import and distribute any influenza vaccine purchased under subsection (d), giving first priority to persons in priority groups. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. 2143. Effective responses to vaccine shortages \n(a) In general \nThe Secretary shall award a grant to each State to allow such State to develop and implement a plan to respond to the shortage of influenza vaccine in the United States for the 2004-2005 influenza season. (b) Use of funds \nA State that receives a grant under this section shall use the funds made available through a grant under subsection (a) to develop— (1) a voluntary plan to ensure that the influenza vaccine is, to the maximum extent possible, administered to priority groups; (2) a system to notify health care providers about revisions in guidelines for administering influenza vaccine; (3) an awareness campaign to inform the public about recommendations concerning groups that are priority groups for vaccination with influenza vaccine; and (4) procedures to allow for the voluntary donation of vaccine as described in section 2145. (c) Amount \nThe amount of a grant under subsection (a) shall be proportional to the population of the State and the severity of the shortage of influenza vaccine in such State, as determined by the Secretary. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. 2144. Effective monitoring of the nation’s influenza vaccine supply \n(a) Manufacturers \nNot later than 15 days after the date of enactment of the Emergency Flu Response Act of 2004 and every 30 days thereafter, any person who manufactures influenza vaccine for introduction into interstate commerce shall prepare and submit to the Secretary a summary report that lists— (1) each client, both public and private, who purchased influenza vaccine from the manufacturer during the period covered by the report; and (2) the number of doses of influenza vaccine sold to each client during the period. (b) State public health agencies \nTo be eligible to receive a grant under section 2143(a), a State through its public health agency shall, not later than 15 days after the date of enactment of the Emergency Flu Response Act of 2004 and every 30 days thereafter, prepare and submit to the Secretary a summary report describing— (1) the number of doses of influenza vaccine available in the State during the period covered by the report; (2) the number of such doses that were given to each priority group during that period; and (3) to the extent that such information is readily obtainable by the State, the manner in which such doses were distributed to consumers during such period, such as by distribution through public health agencies or private health care providers. 2145. Clearinghouses for voluntary donation of influenza vaccine \nThe Centers for Disease Control and Prevention, and each State public health agency described in section 2144(b), shall establish a clearinghouse to— (1) enable persons to voluntarily donate influenza vaccine doses; and (2) distribute the doses for administration to individuals in priority groups. 2146. Purchases of influenza vaccine \n(a) In general \nThe Secretary shall establish a program through which the Secretary may— (1) purchase from private employers, vaccine wholesalers, and other appropriate individuals and entities, doses of influenza vaccine that are not needed for the vaccination of priority groups; and (2) distribute the doses purchased under paragraph (1) for administration to individuals in priority areas. (b) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. 2147. Use of influenza vaccine \n(a) Executive branch \nThe head of each Executive agency (as defined in section 105 of title 5, United States Code) shall ensure that any influenza vaccine in the possession of the head of the agency shall— (1) be administered only to employees of the agency who are in priority groups; and (2) provide to the Secretary any doses of the vaccine that are not needed for the vaccination of individuals in priority groups, so that the Secretary can distribute the doses for administration to individuals in the priority groups. (b) Legislative branch \nThe Attending Physician of the Capitol shall ensure that any influenza vaccine in the possession of the Attending Physician shall— (1) be administered only to employees of the legislative branch of the Federal Government who are in priority groups; and (2) provide to the Secretary any doses of the vaccine that are not needed for the vaccination of individuals in priority groups, so that the Secretary can distribute the doses for administration to individuals in the priority groups. 2148. Enhancing existing countermeasures against influenza \n(a) Authorization to purchase \nThe Secretary may, subject to amounts appropriated under subsection (d), purchase at a reasonable negotiated price, such additional amounts of any drug approved by the Commissioner of Food and Drugs to treat influenza as are determined necessary by the Secretary. (b) Addition to stockpile \nThe Secretary shall include any drug purchased under subsection (a) in the stockpile established under section 121 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. (c) Increasing the effectiveness of existing vaccine supplies \nThe Secretary, acting through the Director of the National Institutes of Health, shall conduct a clinical trial or trials to determine whether influenza vaccine can be diluted and continue to retain its effectiveness in preventing influenza in individuals in priority groups. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. 2149. National Quarantine Compensation Program \n(a) In general \nThere is established the National Quarantine Compensation Program to be administered by the Secretary under which compensation shall be paid to individuals who are subjected to an order of quarantine issued by a Federal or State health agency. (b) Amount \nAn individual’s compensation under the National Quarantine Compensation Program shall be equal to wages lost as a result of such individual being subjected to the quarantine. (c) Appropriations \nThere are authorized to be appropriated and there are hereby appropriated to carry out subsections (a) and (b) such sums as may be necessary. 2150. Employment rights and protections relating to federally mandated health-related quarantine \n(a) Definitions \nIn this section: (1) Employer \nThe term employer — (A) means any person engaged in commerce or in any industry or activity affecting commerce; and (B) includes— (i) (I) any person who acts, directly or indirectly, in the interest of a person described in subparagraph (A) to any of the employees of such person; or (II) any successor in interest of a person described in subparagraph (A); (ii) any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); (iii) the Government Accountability Office, the Government Printing Office, and the Library of Congress; and (iv) all other legislative branch entities identified as employing offices in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ). (2) Employment benefits \nThe term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan, as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ). (3) Secretary \n(A) In general \nExcept as otherwise provided in subparagraph (B), the term Secretary means the Secretary of Labor. (B) Exceptions \nIn the case of actions brought regarding employees— (i) of the Government Accountability Office, the term Secretary means the Comptroller General of the United States; (ii) of the Government Printing Office, the term Secretary means the Public Printer; (iii) of the Library of Congress, the term Secretary means the Librarian of Congress; and (iv) of any other legislative branch employer, the term Secretary means the Office of Compliance. (b) Employment rights, benefits, and protection from discrimination \n(1) Restoration to position \nAny individual subjected to an order of quarantine issued by a Federal or State health agency shall be entitled, on return from such quarantine— (A) to be restored by the employer of such individual to the position of employment held by the individual when the quarantine of such individual commenced; or (B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (2) Benefits \nAn individual restored to such individual’s position, or equivalent position, pursuant to paragraph (1) shall be entitled to the seniority and other rights and benefits that the individual had on the date when the quarantine of such individual commenced, plus the additional seniority and rights and benefits that the individual would have attained had the individual not been subjected to a federally mandated health-related quarantine. (3) Protection from discrimination \nIt shall be unlawful for an employer to discharge or in any other manner discriminate against any individual on the basis of such individual’s being, or having been, subjected to a federally mandated health-related quarantine. (c) Investigative authority; enforcement \n(1) In general \nThe Secretary shall ensure compliance with the provisions of subsection (b) and enforce violations of subsection (b). (2) Same authorities \nIn order to carry out paragraph (1), the Secretary shall have the same authorities as provided to the Secretary under sections 106 and 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 209 and 210) to ensure compliance with and enforce violations of the Family and Medical Leave Act of 1993. (d) State and local laws \nNothing in this section shall be construed to supersede any provision of any State or local law that provides greater rights than the rights established under this section.. 2151. Assuring that individuals in priority groups receive vaccines \n(a) Determinations \nNot later than 30 days after the date of enactment of the Emergency Flu Response Act of 2004 , and every 30 days thereafter, the Secretary shall review the effectiveness of measures taken under sections 2142 through 2147 and determine whether the measures have ensured the distribution of influenza vaccine for administration to individuals in priority groups. If the Secretary determines that the measures have not ensured that distribution, the Secretary— (1) may take the actions described in subsection (b) if the Secretary determines that such actions are needed to protect the public health; and (2) shall notify the appropriate committees of Congress of such determination. (b) Assuring the individuals in priority groups receive vaccines \nOn making the determination described in subsection (a), the Secretary may require that a person, not including a person that is a manufacturer of influenza vaccine, who possesses influenza vaccine sell such person’s supply of the influenza vaccine to the Federal Government, as an exercise of the Federal Government’s power to take private property for public use, for just compensation. (c) Prioritization \nThe Secretary shall distribute the doses of influenza vaccine obtained under subsection (b) in a manner determined appropriate by the Secretary to ensure that such vaccine is administered to individual in priority groups..", "id": "H4340F73C798A497296B96572198B4D24", "header": "Emergency flu response" }, { "text": "2141. Definition \nIn this subtitle, the term priority group means a group described as a priority group for vaccination with influenza vaccine in recommendations entitled Interim Influenza Vaccination Recommendations - 2004-2005 Influenza Season , dated October 5, 2004, or any successor to such recommendations issued by the Secretary.", "id": "H173F1F9747C042A8A1BB1B17D63BF700", "header": "Definition" }, { "text": "2142. Emergency access to influenza vaccine \n(a) Declaration of emergency \n(1) In general \nUnder section 564(b)(1)(C) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(b)(1)(C) ), the Secretary shall immediately declare the shortage of influenza vaccine in the United States for the 2004-2005 influenza season to be an emergency justifying an authorization for a product under section 564 of such Act ( 21 U.S.C. 360bbb ). (2) Determination \nFor the purpose of making determinations under section 564(b)(1)(C) of such Act to carry out paragraph (1), the Secretary— (A) shall deem the shortage to be a public health emergency described in such section; and (B) shall deem influenza virus to be a biological agent. (3) Construction \nNothing in this subsection shall be considered to invoke the authorities described in section 319, or to limit the ability of the Secretary to invoke such authorities. (b) Seeking influenza vaccine \nThe Secretary shall promptly consult with the health ministries of Canada, countries that are members of the European Union as of January 1, 2003, Japan, and Switzerland to assess the availability of influenza vaccine for the 2004-2005 influenza season that— (1) has been approved, licensed, or otherwise cleared for marketing by the relevant regulatory agency in such a country; and (2) is in excess of the needs in such country for the vaccination of persons at high risk for complications from influenza. (c) Issuance of authorization \n(1) In general \nThe Secretary shall promptly evaluate available influenza vaccine (as identified under subsection (b)) to determine whether the vaccine meets the criteria for issuance of an authorization under section 564(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(c) ). (2) Criteria \nFor the purpose of making determinations under section 564(c) of such Act to carry out paragraph (1), the Secretary— (A) shall deem influenza virus to be an agent that can cause a serious or life-threatening disease or condition; and (B) shall deem the shortage described in subsection (a)(1) to be sufficient evidence that there is no alternative described in section 564(c)(3). (d) Vaccine purchase \nNot later than 30 days after the date of enactment of the Emergency Flu Response Act of 2004 , the Secretary shall purchase, at a reasonable price, available influenza vaccine identified under subsection (b) for which the Secretary has issued an authorization under section 564(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(c) ). (e) Vaccine distribution \nNotwithstanding any other provision of law, the Secretary shall promptly import and distribute any influenza vaccine purchased under subsection (d), giving first priority to persons in priority groups. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005.", "id": "HD37065DE0E9F40079E60B9A31CF8C3E", "header": "Emergency access to influenza vaccine" }, { "text": "2143. Effective responses to vaccine shortages \n(a) In general \nThe Secretary shall award a grant to each State to allow such State to develop and implement a plan to respond to the shortage of influenza vaccine in the United States for the 2004-2005 influenza season. (b) Use of funds \nA State that receives a grant under this section shall use the funds made available through a grant under subsection (a) to develop— (1) a voluntary plan to ensure that the influenza vaccine is, to the maximum extent possible, administered to priority groups; (2) a system to notify health care providers about revisions in guidelines for administering influenza vaccine; (3) an awareness campaign to inform the public about recommendations concerning groups that are priority groups for vaccination with influenza vaccine; and (4) procedures to allow for the voluntary donation of vaccine as described in section 2145. (c) Amount \nThe amount of a grant under subsection (a) shall be proportional to the population of the State and the severity of the shortage of influenza vaccine in such State, as determined by the Secretary. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005.", "id": "HDD9ACF24571C4050BE6382677B99A158", "header": "Effective responses to vaccine shortages" }, { "text": "2144. Effective monitoring of the nation’s influenza vaccine supply \n(a) Manufacturers \nNot later than 15 days after the date of enactment of the Emergency Flu Response Act of 2004 and every 30 days thereafter, any person who manufactures influenza vaccine for introduction into interstate commerce shall prepare and submit to the Secretary a summary report that lists— (1) each client, both public and private, who purchased influenza vaccine from the manufacturer during the period covered by the report; and (2) the number of doses of influenza vaccine sold to each client during the period. (b) State public health agencies \nTo be eligible to receive a grant under section 2143(a), a State through its public health agency shall, not later than 15 days after the date of enactment of the Emergency Flu Response Act of 2004 and every 30 days thereafter, prepare and submit to the Secretary a summary report describing— (1) the number of doses of influenza vaccine available in the State during the period covered by the report; (2) the number of such doses that were given to each priority group during that period; and (3) to the extent that such information is readily obtainable by the State, the manner in which such doses were distributed to consumers during such period, such as by distribution through public health agencies or private health care providers.", "id": "HB77AF428939440F6B3AD5BEBFDA03977", "header": "Effective monitoring of the nation’s influenza vaccine supply" }, { "text": "2145. Clearinghouses for voluntary donation of influenza vaccine \nThe Centers for Disease Control and Prevention, and each State public health agency described in section 2144(b), shall establish a clearinghouse to— (1) enable persons to voluntarily donate influenza vaccine doses; and (2) distribute the doses for administration to individuals in priority groups.", "id": "H4CD82817B0C141E3A5DED7EAA9CEC0", "header": "Clearinghouses for voluntary donation of influenza vaccine" }, { "text": "2146. Purchases of influenza vaccine \n(a) In general \nThe Secretary shall establish a program through which the Secretary may— (1) purchase from private employers, vaccine wholesalers, and other appropriate individuals and entities, doses of influenza vaccine that are not needed for the vaccination of priority groups; and (2) distribute the doses purchased under paragraph (1) for administration to individuals in priority areas. (b) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005.", "id": "H5A257BC0E971474DBFA733E694349082", "header": "Purchases of influenza vaccine" }, { "text": "2147. Use of influenza vaccine \n(a) Executive branch \nThe head of each Executive agency (as defined in section 105 of title 5, United States Code) shall ensure that any influenza vaccine in the possession of the head of the agency shall— (1) be administered only to employees of the agency who are in priority groups; and (2) provide to the Secretary any doses of the vaccine that are not needed for the vaccination of individuals in priority groups, so that the Secretary can distribute the doses for administration to individuals in the priority groups. (b) Legislative branch \nThe Attending Physician of the Capitol shall ensure that any influenza vaccine in the possession of the Attending Physician shall— (1) be administered only to employees of the legislative branch of the Federal Government who are in priority groups; and (2) provide to the Secretary any doses of the vaccine that are not needed for the vaccination of individuals in priority groups, so that the Secretary can distribute the doses for administration to individuals in the priority groups.", "id": "HACC46A9DB60540A6BAA57966D8E45262", "header": "Use of influenza vaccine" }, { "text": "2148. Enhancing existing countermeasures against influenza \n(a) Authorization to purchase \nThe Secretary may, subject to amounts appropriated under subsection (d), purchase at a reasonable negotiated price, such additional amounts of any drug approved by the Commissioner of Food and Drugs to treat influenza as are determined necessary by the Secretary. (b) Addition to stockpile \nThe Secretary shall include any drug purchased under subsection (a) in the stockpile established under section 121 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. (c) Increasing the effectiveness of existing vaccine supplies \nThe Secretary, acting through the Director of the National Institutes of Health, shall conduct a clinical trial or trials to determine whether influenza vaccine can be diluted and continue to retain its effectiveness in preventing influenza in individuals in priority groups. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005.", "id": "H1CBAC405998740BA9CC6273C2B5632A9", "header": "Enhancing existing countermeasures against influenza" }, { "text": "2149. National Quarantine Compensation Program \n(a) In general \nThere is established the National Quarantine Compensation Program to be administered by the Secretary under which compensation shall be paid to individuals who are subjected to an order of quarantine issued by a Federal or State health agency. (b) Amount \nAn individual’s compensation under the National Quarantine Compensation Program shall be equal to wages lost as a result of such individual being subjected to the quarantine. (c) Appropriations \nThere are authorized to be appropriated and there are hereby appropriated to carry out subsections (a) and (b) such sums as may be necessary.", "id": "H487BDC70BCB44BDDB600B2E2DC8F456", "header": "National Quarantine Compensation Program" }, { "text": "2150. Employment rights and protections relating to federally mandated health-related quarantine \n(a) Definitions \nIn this section: (1) Employer \nThe term employer — (A) means any person engaged in commerce or in any industry or activity affecting commerce; and (B) includes— (i) (I) any person who acts, directly or indirectly, in the interest of a person described in subparagraph (A) to any of the employees of such person; or (II) any successor in interest of a person described in subparagraph (A); (ii) any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); (iii) the Government Accountability Office, the Government Printing Office, and the Library of Congress; and (iv) all other legislative branch entities identified as employing offices in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ). (2) Employment benefits \nThe term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan, as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ). (3) Secretary \n(A) In general \nExcept as otherwise provided in subparagraph (B), the term Secretary means the Secretary of Labor. (B) Exceptions \nIn the case of actions brought regarding employees— (i) of the Government Accountability Office, the term Secretary means the Comptroller General of the United States; (ii) of the Government Printing Office, the term Secretary means the Public Printer; (iii) of the Library of Congress, the term Secretary means the Librarian of Congress; and (iv) of any other legislative branch employer, the term Secretary means the Office of Compliance. (b) Employment rights, benefits, and protection from discrimination \n(1) Restoration to position \nAny individual subjected to an order of quarantine issued by a Federal or State health agency shall be entitled, on return from such quarantine— (A) to be restored by the employer of such individual to the position of employment held by the individual when the quarantine of such individual commenced; or (B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (2) Benefits \nAn individual restored to such individual’s position, or equivalent position, pursuant to paragraph (1) shall be entitled to the seniority and other rights and benefits that the individual had on the date when the quarantine of such individual commenced, plus the additional seniority and rights and benefits that the individual would have attained had the individual not been subjected to a federally mandated health-related quarantine. (3) Protection from discrimination \nIt shall be unlawful for an employer to discharge or in any other manner discriminate against any individual on the basis of such individual’s being, or having been, subjected to a federally mandated health-related quarantine. (c) Investigative authority; enforcement \n(1) In general \nThe Secretary shall ensure compliance with the provisions of subsection (b) and enforce violations of subsection (b). (2) Same authorities \nIn order to carry out paragraph (1), the Secretary shall have the same authorities as provided to the Secretary under sections 106 and 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 209 and 210) to ensure compliance with and enforce violations of the Family and Medical Leave Act of 1993. (d) State and local laws \nNothing in this section shall be construed to supersede any provision of any State or local law that provides greater rights than the rights established under this section.", "id": "H279636F39CB949B0B66D4B13944C008B", "header": "Employment rights and protections relating to federally mandated health-related quarantine" }, { "text": "2151. Assuring that individuals in priority groups receive vaccines \n(a) Determinations \nNot later than 30 days after the date of enactment of the Emergency Flu Response Act of 2004 , and every 30 days thereafter, the Secretary shall review the effectiveness of measures taken under sections 2142 through 2147 and determine whether the measures have ensured the distribution of influenza vaccine for administration to individuals in priority groups. If the Secretary determines that the measures have not ensured that distribution, the Secretary— (1) may take the actions described in subsection (b) if the Secretary determines that such actions are needed to protect the public health; and (2) shall notify the appropriate committees of Congress of such determination. (b) Assuring the individuals in priority groups receive vaccines \nOn making the determination described in subsection (a), the Secretary may require that a person, not including a person that is a manufacturer of influenza vaccine, who possesses influenza vaccine sell such person’s supply of the influenza vaccine to the Federal Government, as an exercise of the Federal Government’s power to take private property for public use, for just compensation. (c) Prioritization \nThe Secretary shall distribute the doses of influenza vaccine obtained under subsection (b) in a manner determined appropriate by the Secretary to ensure that such vaccine is administered to individual in priority groups.", "id": "H2E052E72D1DF43DD99ECCB310766746B", "header": "Assuring that individuals in priority groups receive vaccines" } ]

[ { "text": "1. Suspension of duty on acid blue 80 \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.02 Acid Blue 80 Acid Blue 80 (CAS number 4474-24-2) provided for in subheading 3204.12.50 Free Free No Change On or before 12/31/2006 (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": "H21D4F44B930748709C027B2C84AA2F13", "header": "Suspension of duty on acid blue 80" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Civil Liberties Restoration Act of 2004.", "id": "H994718FD930344CDBFC4D54310BE2675", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Fighting terrorism is a priority for our Nation. (2) As Federal, State, and local law enforcement work tirelessly every day to prevent another terrorist attack, our Nation must continue to work to ensure that law enforcement have the legal tools and resources to do their job. (3) At the same time, steps that are taken to protect the United States from terrorism should not undermine constitutional rights and protections. (4) Some of the steps taken by the Administration since September 11, 2001, however, have undermined constitutional rights and protections. (5) Our nation must strive for both freedom and security. (6) This Act seeks to restore essential rights and protections without compromising our Nation’s safety.", "id": "HD798C5478338491E837582F5DA212BA5", "header": "Findings" }, { "text": "101. Limitation on closed immigration hearings \n(a) In general \nSection 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Standards for closing removal hearings \n(1) In general \nSubject to paragraph (2), a removal proceeding held pursuant to this section shall be open to the public. (2) Exceptions \nPortions of a removal proceeding held pursuant to this section may be closed to the public by an immigration judge on a case by case basis, when necessary— (A) to preserve the confidentiality of applications for asylum, withholding of removal, relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Violence Against Women Act of 1994 ( Public Law 103–322 ; 108 Stat. 1902), or the Victims of Trafficking and Violence Prevention Act of 2000 ( Public Law 106–386 ; 114 Stat. 1464), or other applications for relief involving confidential personal information or where portions of the removal hearing involve minors or issues relating to domestic violence, all with the consent of the alien; (B) to prevent the disclosure of classified information that threatens the national security of the United States and the safety of the American people; or (C) to prevent the disclosure of the identity of a confidential informant. (3) Compelling government interest \nIn order for portions of removal proceedings to be closed to the public in accordance with this subsection, the government must show that such closing of the proceedings is necessitated by a compelling governmental interest and is narrowly tailored to serve that interest.. (b) Technical and conforming amendments \nSection 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (5)(C)(i), by striking subsection (e)(1) and inserting subsection (f)(1) ; and (2) in paragraph (7), by striking subsection (e)(1) and inserting subsection (f)(1).", "id": "H36AFEB55BA3A47E89864FA6C067B0068", "header": "Limitation on closed immigration hearings" }, { "text": "201. Timely service of notice \n(a) In general \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Notice of charges \nThe Secretary of Homeland Security shall serve a notice to appear on every alien arrested or detained under this Act, except those certified under section 236A(a)(3), within 48 hours of the arrest or detention of such alien. Any alien, except those certified under section 236A(a)(3), held for more than 48 hours shall be brought before an immigration judge within 72 hours of the arrest or detention of such alien. The Secretary of Homeland Security shall— (1) document when a notice to appear is served on a detainee in order to determine compliance by the Department of Homeland Security with the 48-hour notice requirement; and (2) submit to the Committees on the Judiciary of the Senate and the House of Representatives an annual report concerning the Department of Homeland Security’s compliance with such notice requirement.. (b) Applicability of other law \nNothing in section 236(f) of the Immigration and Nationality Act, as added by subsection (a), shall be construed to repeal section 236A of such Act ( 8 U.S.C. 1226a ).", "id": "H3D8322AD2B8A4E1BA88F81B255A2E01", "header": "Timely service of notice" }, { "text": "202. Individualized bond determinations \n(a) In general \nSection 236(a) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a) ) is amended— (1) by striking On a warrant and inserting the following: (1) In general \nOn a warrant ; (2) by striking Except as provided and all that follows through the end and inserting the following: \"This subsection shall apply to all aliens detained pending a decision on their removal or admission, regardless of whether or not they have been admitted to the United States, including any alien found to have a credible fear of persecution under section 235(b)(1)(B) or any alien admitted or seeking admission under the visa waiver program pursuant to section 217. Except as provided in subsection (c) and pending such decision, the Secretary of Homeland Security shall— (A) make an individualized determination as to whether the alien should be released pending administrative and judicial review, to include a determination of whether the alien poses a danger to the safety of other persons or property and is likely to appear for future scheduled proceedings; and (B) grant the alien release pending administrative and judicial review under reasonable bond or other conditions, including conditional parole, that will reasonably assure the presence of the alien at all future proceedings, unless the Secretary of Homeland Security determines under subparagraph (A) that the alien poses a danger to the safety of other persons or property or is unlikely to appear for future proceedings. (2) Individualized determinations \nAn individualized determination made by the Secretary of Homeland Security pursuant to paragraph (1)(A) shall be reviewable at a hearing held before an immigration judge pursuant to section 240. An immigration judge who reviews an initial bond determination by the Secretary of Homeland Security, or who makes a bond determination prior to a decision by the Secretary of Homeland Security, shall apply the same standards set forth in subparagraphs (A) and (B) of paragraph (1).. (b) Revocation of bond or parole \nSection 236(b) of the Immigration and Nationality Act ( 8 U.S.C. 1226(b) ) is amended by striking The Attorney General and all that follows through the period and inserting the following: The bond or parole determination made pursuant to subsection (a)(1)(B) may be revoked or modified only by an immigration judge in proceedings held pursuant to section 240, and only if the party seeking to revoke or modify the bond or parole determination can establish a change in circumstances. The administrative decision finding the alien removable does not, in and of itself, constitute a change in circumstances. At such a hearing, if changed circumstances are established, the immigration judge shall make a new individualized determination in the manner described in subsection (a).. (c) Technical and conforming amendments \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— (1) by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and (2) in subsection (e), by striking Attorney General’s and inserting Secretary of Homeland Security’s.", "id": "HE6E8129C3A2E4D0D9CE6A4D7397D19B", "header": "Individualized bond determinations" }, { "text": "203. Limitation on stay of a bond \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by section 201, is further amended by adding at the end the following: (g) Stay of a bond determination \nAn order issued by an immigration judge to release an alien may be stayed by the Board of Immigration Review, for not more than 30 days, only if the Government demonstrates— (1) the likelihood of success on the merits; (2) irreparable harm to the Government if a stay is not granted; (3) that the potential harm to the Government outweighs potential harm to alien; and (4) that the grant of a stay is in the interest of the public..", "id": "H9AF5C31433F546DFBD80A49245FD28C7", "header": "Limitation on stay of a bond" }, { "text": "204. Immigration review commission \n(a) Establishment of commission \n(1) In general \nThere is established within the Department of Justice an independent regulatory agency to be known as the Immigration Review Commission (referred to in this section as the Commission ). The Executive Office of Immigration Review is hereby abolished and replaced with such Commission. (2) Transfer of authority \nThe Commission shall perform all administrative, appellate, and adjudicatory functions that were, prior to the date of enactment of this Act, the functions of the Executive Office of Immigration Review or were performed by any officer or employee of the Executive Office of Immigration Review in the capacity of such officer or employee. Such functions shall not include the policy-making, policy-implementation, investigatory, or prosecutorial functions of the Department of Homeland Security. (3) Organization \nThe Commission shall consist of: (A) The Office of the Director. (B) The Board of Immigration Review. (C) The Office of the Chief Immigration Judge. (D) The Office of the Chief Administrative Hearing Officer. (b) Office of the director \n(1) Appointment \nThere shall be as the head of the Commission, a Director who shall be appointed by the President with the advice and consent of the Senate. (2) Transfer of offices \nThe following officers shall be transferred from the Executive Office for Immigration Review to the Office of the Director for the Commission: (A) Deputy Director. (B) General Counsel. (C) Pro Bono Coordinator. (D) Public Affairs. (E) Assistant Director of Management Programs. (F) Equal Employment Opportunity. (3) Responsibilities \n(A) The Director shall oversee the administration of the Commission, and the creation of rules and regulations affecting the administration of the courts. (B) The Director shall appoint a Deputy Director to assist with the duties of the Director and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed. (c) Board of immigration review \n(1) In general \nThe Board of Immigration Review (referred to in this section as the Board ) shall perform the appellate functions of the Commission. (2) Appointment \nThe Board shall be composed of a Chairperson and not less than 14 other immigration appeals judges, appointed by the President, in consultation with the Director. The term of office of each member of the Board shall be 6 years. (3) Current members \nEach individual who is serving as a member of the Board on the date of enactment of this Act shall be appointed to the Board utilizing a system of staggered terms of appointment based on seniority. (4) Members \nThe Chairperson and each other member of the Board shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 7 years of professional, legal expertise in immigration and nationality law. (5) Chairperson duties \nThe Chairperson shall— (A) be responsible, on behalf of the Board, for the administrative operations of the Board and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed for that purpose; (B) direct, supervise, and establish internal operating procedures and policies of the Board; and (C) designate a member of the Board to act as Chairperson in the Chairperson’s absence or unavailability. (6) Board members duties \nIn deciding the cases before the Board, the Board shall exercise its independent judgment and discretion and may take any action, consistent with its authorities under this section and regulations established in accordance with this section, that is appropriate and necessary for the disposition of such cases. (7) Jurisdiction \nThe Board shall have— (A) such jurisdiction as was, prior to the date of enactment of this Act, provided by statute or regulation to the Board of Immigration Appeals; (B) de novo review of any decision by an immigration judge, and any final order of removal; and (C) retention of jurisdiction over any case of an alien removed by the United States if the alien’s case was pending for consideration before the Board prior to removal of the alien. (8) Acting in panels \n(A) In general \nAll cases shall be subject to review by a 3 member panel. The Chairperson shall divide the Board into 3 member panels and designate a presiding member of each panel such that— (i) a majority of the number of Board members authorized to constitute a panel shall constitute a quorum for such panel; and (ii) each panel may exercise the appropriate authority of the Board that is necessary for the adjudication of cases before it. (B) Final decision \nA final decision of a panel shall be considered to be a final decision of the Board. (9) En banc process \n(A) In general \nThe Board may on its own motion, by a majority vote of the Board members, or by direction of the Chairperson, consider any case as the full Board en banc, or reconsider as the full Board en banc any case that has been considered or decided by a 3-member panel or by a limited en banc panel. (B) Quorum \nA majority of the Board members shall constitute a quorum of the Board sitting en banc. (10) Decisions of the board \n(A) In general \nThe decisions of the Board shall constitute final agency action. The precedent decisions of the Board shall be binding on the Department of Homeland Security and the immigration judges. (B) Affirmance without opinion \nUpon individualized review of a case, the Board may affirm the decision of an immigration judge without opinion only if the decision of the immigration judge resolved all issues in the case. An affirmance without opinion signifies the Board’s adoption of the immigration judge’s findings and conclusion in total. (C) Notice of appeal \nThe decision by the Board shall include notice to the alien of the alien’s right to file a petition for review in the court of appeals within 30 days of the date of the decision. (d) Office of the chief immigration judge \n(1) Establishment of office \nThere is established within the Commission an Office of the Chief Immigration Judge to oversee all the immigration courts and their proceedings throughout the United States. The head of the office shall be the Chief Immigration Judge who shall be appointed by the Director. (2) Duties of the chief immigration judge \nThe Chief Immigration Judge shall be responsible for the general supervision, direction, and procurement of resources and facilities, and for the coordination of the schedules of immigration judges to enable the judges to conduct the various programs assigned to them. The Chief Immigration Judge may be assisted by a Deputy Chief Immigration Judge and Assistant Chief Immigration Judge. (3) Appointment of immigration judges \n(A) In general \nImmigration judges shall be appointed by the Director, in consultation with the Chief Immigration Judge and the Chair of the Board of Immigration Review. The term of each immigration judge shall be 12 years. (B) Qualifications \nEach immigration judge, including the Chief Immigration Judge, shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 7 years of professional, legal expertise in immigration and nationality law. (C) Current members \nEach individual who is serving as an immigration judge on the date of enactment of this Act shall be appointed as an immigration judge utilizing a system of staggered terms of appointment based on seniority. (4) Duties of immigration judges \nIn deciding the cases before them, immigration judges shall exercise their independent judgment and discretion and may take any action, consistent with their authorities under this section and regulations established in accordance with this section, that is appropriate and necessary for the disposition of such cases. (5) Jurisdiction and authority of immigration courts \nThe Immigration Courts shall have such jurisdiction as was, prior to the date of enactment of this Act, provided by statute or regulation to the Immigration Courts within the Executive Office for Immigration Review. (6) Contempt authority \nThe contempt authority provided to immigration judges under section 240(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(1) ) shall— (A) be implemented by regulation not later than 120 days after the date of enactment of this Act; (B) provide that any contempt sanctions, including any civil money penalty, shall be applicable to all parties appearing before the immigration judge and shall be imposed by a single process applicable to all parties. (e) Office of the chief administrative hearing officer \n(1) In general \nThe Office of the Chief Administrative Hearing Officer shall be headed by a Chief Administrative Hearing Officer who shall be appointed by the Director. (2) Duties and responsibilities \nThe duties and responsibilities of the current Office of the Chief Administrative Hearing Officer shall be transferred to the Commission. (f) Removal and review of judges \n(1) In general \nImmigration judges and members of the Board of Immigration Review may be removed from office only for good cause— (A) by the Director, in consultation with the Chair of the Board, in the case of the removal of a member of the Board; or (B) by the Director, in consultation with the Chief Immigration Judge, in the case of the removal of an immigration judge. (2) Independent judgment \nNo immigration judge or member of the Board shall be removed or otherwise subject to disciplinary or adverse action for their exercise of independent judgment and discretion as prescribed by subsections (c)(6) and (d)(4). (g) Regulations \nNot later than 180 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.", "id": "HA890FAE97A6448929D1183414791B5D7", "header": "Immigration review commission" }, { "text": "301. Termination of the nseers program; establishment of reasonable penalties for failure to register \n(a) Termination of NSEERS \n(1) In general \nThe National Security Entry-Exit Registration System (NSEERS) program administered by the Secretary of Homeland Security is hereby terminated. (2) Integrated entry and exit data system \nNothing in this section shall amend the Integrated Entry and Exit Data System established in accordance with section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ). (3) Administrative closure of removal proceedings \n(A) In general \nAll removal proceedings initiated against any alien as a result of the NSEERS program shall be administratively closed. This paragraph shall apply to all aliens who were— (i) placed in removal proceedings solely for failure to comply with the requirements of the NSEERS program; or (ii) placed in removal proceedings while complying with the requirements of the NSEERS program and— (I) had a pending application before the Department of Labor or the Department of Homeland Security for which there is a visa available; (II) did not have a pending application before the Department of Labor or the Department of Homeland Security for which there is a visa available but were eligible for an immigration benefit; or (III) were eligible to apply for other forms of relief from removal. (B) Exceptions \nThis paragraph shall not apply in cases in which the aliens are removable under— (i) section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ); or (ii) paragraph (2) or (4) of section 237(a) of that Act ( 8 U.S.C. 1227(a)(2) or (4)). (4) Motions to reopen \nNotwithstanding any limitations imposed by law on motions to reopen removal proceedings, any alien who received a final order of removal as a result of the NSEERS program shall be eligible to file a motion to reopen the removal proceeding and apply for any relief from removal that such alien may be eligible to receive.", "id": "H99150BDC49BB45A49FA34C491DDC889B", "header": "Termination of the nseers program; establishment of reasonable penalties for failure to register" }, { "text": "302. Exercise of prosecutorial discretion \n(a) Sense of congress regarding prosecutorial discretion \n(1) Findings \nCongress finds the following: (A) Exercising prosecutorial discretion is not an invitation to violate or ignore the law, rather it is a means by which the resources of the Secretary of Homeland Security may be used to best accomplish the mission of the Department of Homeland Security in administering and enforcing the immigration laws of the United States. (B) Although a favorable exercise of discretion by any office within the Department of Homeland Security should be respected by other offices of such Department, unless the facts and circumstances in a specific case have changed, the exercise of prosecutorial discretion does not grant lawful status under the immigration laws, and there is no legally enforceable right to the exercise of prosecutorial discretion. (2) Sense of congress \nIt is the sense of Congress that the exercise of prosecutorial discretion does not lessen the commitment of the Secretary of Homeland Security to enforce the immigration laws to the best of the Secretary’s ability. (b) Prosecutorial discretion \nThe Secretary of Homeland Security shall exercise prosecutorial discretion in deciding whether to exercise its enforcement powers against an alien. This discretion includes— (1) focusing investigative resources on particular offenses or conduct; (2) deciding whom to stop, question, and arrest; (3) deciding whether to detain certain aliens who are in custody; (4) settling or dismissing a removal proceeding; (5) granting deferred action or staying a final removal order; (6) agreeing to voluntary departure, permitting withdrawal of an application for admission, or taking other action in lieu of removing an alien; (7) pursuing an appeal; or (8) executing a removal order. (c) Factors for consideration \nThe factors that shall be taken into account in deciding whether to exercise prosecutorial discretion favorably toward an alien include— (1) the immigration status of the alien; (2) the length of residence in the United States of the alien; (3) the criminal history of the alien; (4) humanitarian concerns; (5) the immigration history of the alien; (6) the likelihood of ultimately removing the alien; (7) the likelihood of achieving the enforcement goal by other means; (8) whether the alien is eligible or is likely to become eligible for other relief; (9) the effect of such action on the future admissibility of the alien; (10) current or past cooperation by the alien with law enforcement authorities; (11) honorable service by the alien in the United States military; (12) community attention; and (13) resources available to the Department of Homeland Security.", "id": "H5F1BDA0D5C1A45A0BF006FE030A2BBE5", "header": "Exercise of prosecutorial discretion" }, { "text": "303. Civil penalties for technical violations of registration requirements \n(a) Registration penalties \nSection 266(a) of the Immigration and Nationality Act ( 8 U.S.C. 1306(a) ) is amended by striking Any alien and all that follows through the period and inserting the following: \"(1) A civil penalty shall be imposed, in accordance with paragraph (2), on any alien who is required to apply for registration and be fingerprinted under section 262 or 263, who willfully fails or refuses to make such application or be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien as required by such section. (2) The Secretary of Homeland Security may levy a civil monetary penalty of up to— (A) $100 for a first violation of section 262 or 263; (B) $500 for a second violation of section 262 or 263; and (C) $1,000 for each subsequent violation of section 262 or 263 after the second violation.. (b) Other penalties \nSection 266(b) of the Immigration and Nationality Act ( 8 U.S.C. 1306(b) ) is amended to read as follows: (b) (1) A penalty shall be imposed, in accordance with paragraph (2), on any alien or the parent or legal guardian in the United States of any alien who fails to submit written notice to the Secretary of Homeland Security as required by section 265. No penalty shall be imposed with respect to a failure to submit such notice if the alien establishes that such failure was reasonably excusable or was not willful. (2) Except as provided in paragraphs (4) and (5), the Secretary of Homeland Security shall levy a civil monetary penalty of— (A) up to $100 against an alien who fails to submit written notice in compliance with section 265; (B) up to $500 against an alien for a second violation of section 265; and (C) up to $1,000 for each subsequent violation of section 265 after the second violation. (3) Notwithstanding any other provision of this Act, no change of immigration status shall result from failure to submit written notice as required by section 265. (4) During the transition period, a failure to comply with section 265 shall not result in a penalty or a change in immigration status. At the conclusion of the transition period, the Secretary of Homeland Security shall collect and maintain statistics concerning all enforcement actions related to this subsection. (5) The penalties imposed under this subsection shall not apply to an alien who previously failed to submit a change of address prior to the date of enactment of the Civil Liberties Restoration Act of 2004 or the end of the transition period if the alien submits a change of address within 6 months after the end of the transition period. A penalty shall be imposed, in accordance with paragraph (2), on any alien who fails to submit a change of address within the 6-month period following the transition period. (6) In this subsection, the term transition period means the period beginning on the date of enactment of the Civil Liberties Restoration Act of 2004 and ending 1 year after the date of enactment of such Act, at which time the Secretary of Homeland Security shall implement a system to record and preserve on a timely basis addresses provided under section 265..", "id": "H60B7E2D8E9DE41018DFBFFA151CC585", "header": "Civil penalties for technical violations of registration requirements" }, { "text": "304. Ncic compliance with the privacy act \nData entered into the National Crime Information Center database must meet the accuracy requirements of section 552a of title 5, United States Code (commonly referred to as the Privacy Act ).", "id": "HAF6E0F4178AC43F3BDF124F0A83EF3E5", "header": "Ncic compliance with the privacy act" }, { "text": "401. Modification of authorities on review of motions to discover materials under foreign intelligence surveillance act of 1978 \n(a) Electronic surveillance \nSection 106(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806(f) ) is amended— (1) in the first sentence, by striking shall, and inserting may, ; and (2) by striking the last sentence and inserting the following new sentence: In making this determination, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the surveillance unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.. (b) Physical searches \nSection 305(g) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1825(g) ) is amended— (1) in the first sentence, by striking shall, and inserting may, ; and (2) by striking the last sentence and inserting the following new sentence: In making this determination, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person, the counsel of the aggrieved person, or both a summary of such materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.. (c) Pen registers and trap and trace devices \nSection 405(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(f) ) is amended by striking paragraph (2) and inserting the following: (2) Unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or evidence or information obtained or derived from the use of a pen register or trap and trace device, as the case may be.. (d) Disclosure of certain business records \n(1) Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended— (A) by redesignating section 502 as section 503; and (B) by inserting after section 501 the following new section: 502. Disclosure of certain business records and items governed by the classified information procedures act \nAny disclosure of applications, information, or items submitted or acquired pursuant to an order issued under section 501, if such information is otherwise discoverable, shall be conducted under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.).. (2) The table of sections for that Act is amended— (A) by redesignating the item relating to section 502 as an item relating to section 503; and (B) inserting after the item relating to section 501 the following new item: 502. Disclosure of certain business records and items governed by the Classified Information Procedures Act.", "id": "H5D53315F01E04F1F911BDFD8FA6264A5", "header": "Modification of authorities on review of motions to discover materials under foreign intelligence surveillance act of 1978" }, { "text": "502. Disclosure of certain business records and items governed by the classified information procedures act \nAny disclosure of applications, information, or items submitted or acquired pursuant to an order issued under section 501, if such information is otherwise discoverable, shall be conducted under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.).", "id": "H8696770E055046C8933E946F24326DB6", "header": "Disclosure of certain business records and items governed by the classified information procedures act" }, { "text": "402. Data-mining report \n(a) Definitions \nIn this section: (1) Data-mining \nThe term data-mining means a query or search or other analysis of 1 or more electronic databases, where— (A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement; (B) the search does not use a specific individual’s personal identifiers to acquire information concerning that individual; and (C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity. (2) Database \nThe term database does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions. (b) Reports on data-mining activities \n(1) Requirement for report \nThe head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit a public report to Congress on all such activities of the department or agency under the jurisdiction of that official. (2) Content of report \nA report submitted under paragraph (1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information: (A) A thorough description of the data-mining technology and the data that will be used. (B) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology. (C) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology. (D) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties. (E) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program. (F) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to— (i) protect the privacy and due process rights of individuals; and (ii) ensure that only accurate information is collected and used. (G) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not. (H) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. (3) Time for report \nEach report required under paragraph (1) shall be— (A) submitted not later than 90 days after the date of enactment of this Act; and (B) updated once a year and include any new data-mining technologies.", "id": "H9F4BCA8D075C465EA14DE11B90E36490", "header": "Data-mining report" }, { "text": "403. Privacy protections on government access to library, bookseller, and other personal records under foreign intelligence surveillance act of 1978 \n(a) Applications for orders \nSubsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) shall specify that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.. (b) Orders \nSubsection (c)(1) of that section is amended by striking finds and all that follows and inserting \"finds that— (A) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and (B) the application meets the other requirements of this section.. (c) Oversight of requests for production of records \nSection 502 of that Act ( 50 U.S.C. 1862 ) is amended— (1) in subsection (a), by striking the Permanent and all that follows through the Senate and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate ; and (2) in subsection (b), by striking On a semi-annual basis, and all that follows through a report setting forth and inserting The report of the Attorney General to the Committees on the Judiciary of the House of Representatives and the Senate under subsection (a) shall set forth.", "id": "H8842BD308949449CACC1868C00193C46", "header": "Privacy protections on government access to library, bookseller, and other personal records under foreign intelligence surveillance act of 1978" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Manufacturing Advisory Council Establishment Act of 2004.", "id": "HEA89E457EC014D7891F3A91D660010CD", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Manufacturing is a critical component of the economy of the United States. (2) A strong manufacturing sector is important to maintaining a desirable standard of living for all United States citizens. (3) United States manufacturers can compete globally as long as they are not subjected to anti-competitive trade practices. (4) The United States manufacturing industry is presently facing many challenges, both domestic and international. (5) The President would benefit from regular, informed advice from a variety of sources within the Unites States manufacturing sector, including representatives of small and mid-sized businesses, on policies that affect manufacturing.", "id": "H24DEDCE74CEF42969FCF88A25822D3E4", "header": "Findings" }, { "text": "3. Establishment \nThere is established a council to be known as the President’s Council of Advisors on Manufacturing.", "id": "H62803B1C6DEC47E9A328A2ADAF32A89C", "header": "Establishment" }, { "text": "4. Duties \nThe duties of the Council shall be— (1) to advise the President on policy matters affecting the domestic manufacturing sector; (2) to assist in the development of policies that will— (A) reduce production costs within the manufacturing sector, (B) promote the competitiveness of products manufactured in the United States in international markets, (C) encourage innovation, investment, and productivity in the manufacturing sector, and (D) ensure an adequate supply of skilled workers in the manufacturing sector; and (3) to assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities.", "id": "H12BE7DA83EE544579E61456B6DB7D0F2", "header": "Duties" }, { "text": "5. Membership \n(a) Number and appointment \nThe Council shall be composed of 25 members appointed by the President as follows: (1) 1 member shall be an officer or employee of the Federal Government. (2) 24 members shall be individuals who— (A) are not officers or employees of the Federal Government; (B) have expertise in manufacturing; and (C) represent businesses of various sizes and industries within the manufacturing sector. (b) Continuation of membership \nIf a member was appointed to the Council as an officer or employee of the Federal Government and the member ceases to be an officer or employee of the Federal Government, or was appointed to the Council because the member was not an officer or employee of the Federal Government and later becomes an officer or employee of the Federal Government, that member may continue as a member for not longer than the 90-day period beginning on the date that the member ceases to be an officer or employee of the Federal Government, or becomes such an officer or employee, as the case may be. (c) Terms \n(1) In general \nEach member shall be appointed for a term of 2 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees \nAs designated by the President at the time of appointment, of the members first appointed— (A) 8 shall be appointed for terms of 4 years; (B) 8 shall be appointed for terms of 3 years; (C) 8 shall be appointed for terms of 2 years; and (D) the member appointed under subsection (a)(1) shall be appointed for a term of 2 years. (3) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (d) Deadline for appointment \nThe appointments of the members of the Council shall be made no later than 90 days after the date of the enactment of this Act. (e) Co-chairs \nThe co-chairs of the Council shall be the member appointed under subsection (a)(1) and one member appointed under subsection (a)(2) who is designated by the President at the time of appointment. (f) Meetings \n(1) First meeting \nThe Council shall hold its first meeting on a date designated by the co-chairs which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings \nAfter the first meeting, the Council shall meet at least semi-annually upon the call of the co-chairs. (g) No compensation for service \nThe members shall serve on the Council without compensation. (h) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.", "id": "H295FE8875EB84567B4F8279B6805EE2E", "header": "Membership" }, { "text": "6. Powers of the Council \n(a) Information and advice \nAs the Council finds appropriate, the Council may seek information and advice from persons who are not members of the Council. (b) Obtaining official data \nThe Council may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of either co-chair, the head of that department or agency shall furnish that information to the Council. (c) Mails \nThe Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.", "id": "H2220F26068614326BAE580E5954FAC8", "header": "Powers of the Council" }, { "text": "7. Administration \n(a) Expenses \nAny expenses incurred by the Council shall be paid from the funds available to the Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce. (b) Administrative services \nThe Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce, shall provide any administrative support services required by the Council.", "id": "H92C35FC76ABD4DF5B12EB0F272D9347F", "header": "Administration" }, { "text": "8. No termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council.", "id": "H9B58D5755AEB471EA9F4DB80D69138E8", "header": "No termination" } ]

[ { "text": "1. Exemption of natural aging process in determination of production period for distilled spirits under Section 263A \n(a) In general \nSection 263A(f) of the Internal Revenue Code of 1986 (relating to general exceptions) is amended by adding at the end the following new paragraph: (5) Exemption of natural aging process in determination of production period for distilled spirits \nFor purposes of this subsection, the production period for distilled spirits shall be determined without regard to any period allocated to the natural aging process.. (b) Effective date \nThe amendment made by this section shall apply to production periods beginning after the date of the enactment of this Act.", "id": "HCE46454EC5B04A7E887314ABFB8E2C09", "header": "Exemption of natural aging process in determination of production period for distilled spirits under Section 263A" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Teacher Training Expansion Act of 2004.", "id": "H4D20852601554BA0AF87D117D07EBD03", "header": "Short title" }, { "text": "2. Preferences allowed in distribution of certain grants \nSection 673(g)(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1473(g)(3) ) is amended— (1) at the end of subparagraph (A) by striking and ; (2) at the end of subparagraph (B) by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) give preference to local educational agencies and public or private nonprofit organizations that provide training to regular education personnel to meet the needs of children with disabilities in integrated settings and provide training to regular education personnel to work in collaboration with special education personnel in integrated settings..", "id": "H3131DF12BEAA49409BE27CE8B740AE85", "header": "Preferences allowed in distribution of certain grants" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Fair and Open Voting Standards Act of 2004.", "id": "H9D9B5D194E9A4436B40396DA717BC415", "header": "Short Title" }, { "text": "2. Standards For Removal of Individuals From Official List of Eligible Voters by Reason of Criminal Conviction \n(a) In General \nSection 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Standards For Removal of Individuals From List of Eligible Voters by Reason of Criminal Conviction \n(1) Prohibiting removal not in compliance with standards \nA State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the requirements of this subsection and any other requirements applicable under this section. (2) Minimum notice prior to removal \n(A) In general \nIn addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B)— (i) not later than 60 days before the date of the election; and (ii) not later than 90 days before the date of removal. (B) Requirements for notice \nThe notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: (i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. (ii) A description of the reasons for removal, including sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. (iii) A statement that the registrant may appeal the removal in accordance with the procedures established under paragraph (3). (iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate state election official that includes a mailing address, telephone number, and fax number. (3) Availability of appeal \n(A) In general \nA State shall establish administrative procedures meeting the requirements of this paragraph under which a registrant who receives a notice of removal under paragraph (2) may file a written appeal to an appropriate State election official to withdraw the notice and retain the registrant on the official list of eligible voters. (B) Deadline \nA State may establish a deadline for the filing of an appeal under this paragraph, except that the deadline may not occur earlier than the expiration of the 30-day period which begins on the date a registrant receives the notice of removal under paragraph (2). (C) Contents \nA registrant filing an appeal may include in the appeal such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice. (D) Response by State \nNot later than 10 days after a registrant files an appeal, the State shall review the information and evidence included and accept or reject the appeal, and shall notify the registrant in writing of its decision. (E) No removal permitted while appeal is pending \nIf a registrant files an appeal under subparagraph (A), the State may not remove a registrant from the official list of eligible voters until a final decision is reached on the appeal.. (b) Conforming Amendment \nSection 8(a)(3)(B) of such Act ( 42 U.S.C. 1973gg–6(a)(3)(B) ) is amended by striking State law, and inserting State law and consistent with the requirements of subsection (j),. (c) Effective Date \nThe amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and any succeeding Federal election.", "id": "HAD87342BE494407EBA00CEB156516D73", "header": "Standards For Removal of Individuals From Official List of Eligible Voters by Reason of Criminal Conviction" } ]

[ { "text": "1. Short title; table of contents \n(a) Short Title \nThis Act may be cited as the Customs Border Security 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—Bureau of Customs and Border Protection and Bureau of Immigration and Customs Enforcement Subtitle A—Authorization of Appropriations; Related Provisions Sec. 101. Authorization of appropriations Sec. 102. Establishment and implementation of cost accounting system; reports Sec. 103. Study and report relating to customs user fees Subtitle B—Technical amendments relating to entry and protest Sec. 111. Entry of merchandise Sec. 112. Limitation on liquidations Sec. 113. Protests Sec. 114. Review of protests Sec. 115. Refunds and errors Sec. 116. Definitions and miscellaneous provisions Sec. 117. Voluntary reliquidations Sec. 118. Effective date Subtitle C—Miscellaneous Provisions Sec. 121. Designation of San Antonio International Airport for Customs processing of certain private aircraft arriving in the United States Sec. 122. Authority for the establishment of Integrated Border Inspection Areas at the United States-Canada border Sec. 123. Designation of foreign law enforcement officers Sec. 124. Customs services Sec. 125. Sense of Congress on interpretation of textile and apparel provisions Sec. 126. Technical amendments Title II—Office of the United States Trade Representative Sec. 201. Authorization of appropriations Title III—United States International Trade Commission Sec. 301. Authorization of appropriations", "id": "HF001B3806AA648439B5D5C60D89CE7A5", "header": "Short title; table of contents" }, { "text": "101. Authorization of appropriations \n(a) In General \nSubsection (a) of section 301 of the Customs Procedural Reform and Simplification Act of 1978 ( 19 U.S.C. 2075 ) is amended— (1) in paragraph (1), to read as follows: (1) For the fiscal year beginning October 1, 2004, and each fiscal year thereafter, there are authorized to be appropriated to the Department of Homeland Security for the Bureau of Customs and Border Protection and the Bureau of Immigration and Customs Enforcement only such sums as may hereafter be authorized by law. ; (2) by striking paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) in paragraph (2) (as redesignated)— (A) by inserting and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, after Commissioner of Customs ; and (B) by striking Customs Service and inserting Bureau of Customs and Border Protection and the Bureau of Immigration and Customs Enforcement. (b) Salaries and Expenses \nSubsection (b) of such section is amended to read as follows: (b) Authorization of Appropriations \n(1) Bureau of customs and border protection \n(A) There are authorized to be appropriated for the salaries and expenses of the Bureau of Customs and Border Protection not to exceed the following: (i) $6,199,000,000 for fiscal year 2005. (ii) $6,465,557,000 for fiscal year 2006. (B)(i) The monies authorized to be appropriated under subparagraph (A) with respect to customs revenue functions for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the Bureau of Customs and Border Protection that are incurred in connection with the processing of merchandise that is exempt from the fees imposed under paragraphs (9) and (10) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a) ), shall be appropriated from the Customs User Fee Account. (ii) In clause (i), the term ‘customs revenue function’ means the following: (I) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for the purposes of such assessment. (II) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties. (III) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States. (IV) Enforcing section 337 of the Tariff Act of 1930 and provisions relating to import quotas and the marking of imported merchandise, and providing Customs Recordations for copyrights, patents, and trademarks. (V) Collecting accurate import data for compilation of international trade statistics. (VI) Enforcing reciprocal trade agreements. (VII) Functions performed by the following personnel, and associated support staff, of the United States Customs Service prior to the establishment of the Bureau of Customs and Border Protection: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialists, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, and Financial System Specialists. (VIII) Functions performed by the following offices, with respect to any function described in any of subclauses (I) through (VII), and associated support staff, of the United States Customs Service prior to the establishment of the Bureau of Customs and Border Protection: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development. (2) Bureau of immigration and customs enforcement \nThere are authorized to be appropriated for the salaries and expenses of the Bureau of Immigration and Customs Enforcement not to exceed the following: (A) $4,011,000,000 for fiscal year 2005. (B) $4,335,891,000 for fiscal year 2006..", "id": "H0A33DF2B676B40398C72D371A4FB726F", "header": "Authorization of appropriations" }, { "text": "102. Establishment and implementation of cost accounting system; reports \nSection 334 of the Customs and Border Security Act of 2002 ( 19 U.S.C. 2082 note) is amended to read as follows: 334. Establishment and implementation of cost accounting system; reports \n(a) Establishment and Implementation; Customs and Border Protection \n(1) In general \nNot later than September 30, 2005, the Commissioner of Customs shall, in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commercial and noncommercial operations of the Bureau of Customs and Border Protection of the Department of Homeland Security, which system should specifically identify and distinguish expenses incurred in commercial operations and expenses incurred in noncommercial operations; and (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administering and enforcing the Federal immigration laws. (2) Additional requirement \nThe cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the port at which the operation took place, the amount of time spent on the operation by personnel of the Bureau of Customs and Border Protection, and an identification of expenses based on any other appropriate classification necessary to provide for an accurate and complete accounting of expenses. (b) Establishment and Implementation; Immigration and Customs Enforcement \n(1) In general \nNot later than September 30, 2005, the Assistant Secretary for United States Immigration and Customs Enforcement shall, in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commercial and noncommercial operations of the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security, which system should specifically identify and distinguish expenses incurred in commercial operations and expenses incurred in noncommercial operations; (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administering and enforcing the Federal immigration laws. (2) Additional requirement \nThe cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the amount of time spent on the operation by personnel of the Bureau of Immigration and Customs Enforcement, and an identification of expenses based on any other appropriate classification necessary to provide for an accurate and complete accounting of expenses. (c) Reports \n(1) Development of the cost accounting systems \nBeginning on the date of the enactment of the Customs Border Security Act of 2004 and ending on the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, shall prepare and submit to Congress on a quarterly basis a report on the progress of implementing the cost accounting systems pursuant to subsections (a) and (b). (2) Annual reports \nBeginning one year after the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, shall prepare and submit to Congress on an annual basis a report itemizing the expenses identified in subsections (a) and (b). (3) Office of the Inspector General \nNot later than March 31, 2006, the Inspector General of the Department of Homeland Security shall prepare and submit to Congress a report analyzing the level of compliance with this section and detailing any additional steps that should be taken to improve compliance with this section..", "id": "H3E5B55BEE48C4B9A8882157F1EED834F", "header": "Establishment and implementation of cost accounting system; reports" }, { "text": "334. Establishment and implementation of cost accounting system; reports \n(a) Establishment and Implementation; Customs and Border Protection \n(1) In general \nNot later than September 30, 2005, the Commissioner of Customs shall, in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commercial and noncommercial operations of the Bureau of Customs and Border Protection of the Department of Homeland Security, which system should specifically identify and distinguish expenses incurred in commercial operations and expenses incurred in noncommercial operations; and (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administering and enforcing the Federal immigration laws. (2) Additional requirement \nThe cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the port at which the operation took place, the amount of time spent on the operation by personnel of the Bureau of Customs and Border Protection, and an identification of expenses based on any other appropriate classification necessary to provide for an accurate and complete accounting of expenses. (b) Establishment and Implementation; Immigration and Customs Enforcement \n(1) In general \nNot later than September 30, 2005, the Assistant Secretary for United States Immigration and Customs Enforcement shall, in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commercial and noncommercial operations of the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security, which system should specifically identify and distinguish expenses incurred in commercial operations and expenses incurred in noncommercial operations; (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administering and enforcing the Federal immigration laws. (2) Additional requirement \nThe cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the amount of time spent on the operation by personnel of the Bureau of Immigration and Customs Enforcement, and an identification of expenses based on any other appropriate classification necessary to provide for an accurate and complete accounting of expenses. (c) Reports \n(1) Development of the cost accounting systems \nBeginning on the date of the enactment of the Customs Border Security Act of 2004 and ending on the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, shall prepare and submit to Congress on a quarterly basis a report on the progress of implementing the cost accounting systems pursuant to subsections (a) and (b). (2) Annual reports \nBeginning one year after the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, shall prepare and submit to Congress on an annual basis a report itemizing the expenses identified in subsections (a) and (b). (3) Office of the Inspector General \nNot later than March 31, 2006, the Inspector General of the Department of Homeland Security shall prepare and submit to Congress a report analyzing the level of compliance with this section and detailing any additional steps that should be taken to improve compliance with this section.", "id": "HEC88C8F22CFB4481BC00D291049DF21B", "header": "Establishment and implementation of cost accounting system; reports" }, { "text": "103. Study and report relating to customs user fees \n(a) Study \nBeginning 180 days after the date on which the cost accounting systems described in section 334 of the Customs and Border Security Act of 2002 (as amended by section 102 of this Act) are fully implemented, the Comptroller General shall conduct a study on the extent to which the amount of each customs user fee imposed under section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a) ) approximates the cost of services provided by the Bureau of Customs and Border Protection of the Department of Homeland Security relating to the fee so imposed. The study shall include an analysis of the use of each such customs user fee by the Bureau of Customs and Border Protection. (b) Report \nNot later than one year after the date on which the cost accounting systems described in section 334 of the Customs and Border Security Act of 2002 are fully implemented, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report in classified form containing— (1) the results of the study conducted under subsection (a); and (2) recommendations for the appropriate amount of the customs user fees if such results indicate that the fees are not commensurate with the level of services provided by the Bureau of Customs and Border Protection.", "id": "HCEFF9601F82D41AF8F3531693804DE02", "header": "Study and report relating to customs user fees" }, { "text": "111. Entry of merchandise \n(a) In general \nSubsection (a) of section 484 of the Tariff Act of 1930 ( 19 U.S.C. 1484 ) is amended— (1) in paragraph (1)(B), by inserting after entry the following: , or substitute 1 or more reconfigured entries on an import activity summary statement, ; and (2) in paragraph (2)(A)— (A) in the second sentence, by inserting after statements the following: and permit the filing of reconfigured entries, ; and (B) by adding at the end the following: Entries filed under paragraph (1)(A) shall not be liquidated if covered by an import activity summary statement, but instead each reconfigured entry in the import activity summary statement shall be subject to liquidation or reliquidation pursuant to section 500, 501, or 504.. (b) Reconciliation \nSubsection (b)(1) of such section is amended in the fourth sentence by striking 15 months and inserting 21 months.", "id": "HBF657E7797FA4033851E2E63AD720034", "header": "Entry of merchandise" }, { "text": "112. Limitation on liquidations \nSection 504 of the Tariff Act of 1930 ( 19 U.S.C. 1504 ) is amended— (1) in subsection (a)— (A) by striking or at the end of paragraph (3); (B) in paragraph (4), by striking filed; and inserting filed, whichever is earlier; or ; and (C) by inserting after paragraph (4) the following: (5) if a reconfigured entry is filed under an import activity summary statement, the date the import activity summary statement is filed or should have been filed, whichever is earlier; ; and (2) by striking at the time of entry each place it appears.", "id": "H4D663EB4D4DF44F59759B50154F1BDE8", "header": "Limitation on liquidations" }, { "text": "113. Protests \nSection 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking (relating to refunds and errors) of this Act and inserting (relating to refunds), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and ; (B) in paragraph (5), by inserting , including the liquidation of an entry, pursuant to either section 500 or section 504; after thereof ; and (C) in paragraph (7), by striking (c) or ; and (2) in subsection (c)— (A) in paragraph (1), in the sixth sentence, by striking A protest may be amended, and inserting Unless a request for accelerated disposition is filed under section 515(b), a protest may be amended, ; (B) in paragraph (3)(A), by striking notice of and inserting date of ; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking ninety days and inserting 180 days ; (ii) in subparagraph (A), by striking notice of and inserting date of ; and (iii) in the second sentence, by striking 90 days and inserting 180 days.", "id": "H80C85D540C2B41A08321DABAFA1C70FA", "header": "Protests" }, { "text": "114. Review of protests \nSection 515(b) of the Tariff Act of 1930 (19 U.S.C 1515(b)) is amended in the first sentence by striking after ninety days and inserting concurrent with or.", "id": "H20D117D6D3A94A048912AD2FF55D07CB", "header": "Review of protests" }, { "text": "115. Refunds and errors \nSection 520(c) of the Tariff Act of 1930 (19 U.S.C 1520(c)) is repealed.", "id": "HF9572E8CAC4E4B3EA5D600B69EFA53DB", "header": "Refunds and errors" }, { "text": "116. Definitions and miscellaneous provisions \nSection 401 of the Tariff Act of 1930 (19 U.S.C 1401) is amended by adding at the end the following: (t) Reconfigured entry \nThe term reconfigured entry means an entry filed on an import activity summary statement which substitutes for all or part of 1 or more entries filed under section 484(a)(1)(A) or filed on a reconciliation entry that aggregates the entry elements to be reconciled under section 484(b) for purposes of liquidation, reliquidation, or protest..", "id": "H6D7E8C95F0A34AF383A942DADCE56B52", "header": "Definitions and miscellaneous provisions" }, { "text": "117. Voluntary reliquidations \nSection 501 of the Tariff Act of 1930 (19 U.S.C 1501) is amended in the first sentence by inserting or 504 after section 500.", "id": "H75BB43597457473E9876F19B5FE33F86", "header": "Voluntary reliquidations" }, { "text": "118. Effective date \nThe amendments made by this subtitle shall apply to merchandise entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H51C44044192046BCAC92981321AD23ED", "header": "Effective date" }, { "text": "121. Designation of San Antonio International Airport for Customs processing of certain private aircraft arriving in the United States \n(a) In General \nSection 1453(a) of the Tariff Suspension and Trade Act of 2000 is amended by striking 2-year period and inserting 6-year period. (b) Effective Date \nThe amendment made by subsection (a) shall be effective as of November 9, 2002.", "id": "H23685EF433464E42AD20AD00C5D5CDA9", "header": "Designation of San Antonio International Airport for Customs processing of certain private aircraft arriving in the United States" }, { "text": "122. Authority for the establishment of Integrated Border Inspection Areas at the United States-Canada border \n(a) Findings \nCongress makes the following findings: (1) The increased security and safety concerns that developed in the aftermath of the terrorist attacks in the United States on September 11, 2001, need to be addressed. (2) One concern that has come to light is the vulnerability of the international bridges and tunnels along the United States borders. (3) It is necessary to ensure that potentially dangerous vehicles are inspected prior to crossing these bridges and tunnels; however, currently these vehicles are not inspected until after they have crossed into the United States. (4) Establishing Integrated Border Inspection Areas (IBIAs) would address these concerns by inspecting vehicles before they gained access to the infrastructure of international bridges and tunnels joining the United States and Canada. (b) Creation of Integrated Border Inspection Areas \n(1) In general \nThe Commissioner of the Customs Service, in consultation with the Canadian Customs and Revenue Agency (CCRA), shall seek to establish Integrated Border Inspection Areas (IBIAs), such as areas on either side of the United States-Canada border, in which United States Customs officers can inspect vehicles entering the United States from Canada before they enter the United States, or Canadian Customs officers can inspect vehicles entering Canada from the United States before they enter Canada. Such inspections may include, where appropriate, employment of reverse inspection techniques. (2) Additional requirement \nThe Commissioner of Customs, in consultation with the Administrator of the General Services Administration when appropriate, shall seek to carry out paragraph (1) in a manner that minimizes adverse impacts on the surrounding community. (3) Elements of the program \nUsing the authority granted by this section and under section 629 of the Tariff Act of 1930 , the Commissioner of Customs, in consultation with the Canadian Customs and Revenue Agency, shall seek to— (A) locate Integrated Border Inspection Areas in areas with bridges or tunnels with high traffic volume, significant commercial activity, and that have experienced backups and delays since September 11, 2001; (B) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border are vested with the maximum authority to carry out their duties and enforce United States law; (C) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border shall possess the same immunity that they would possess if they were stationed in the United States; and (D) encourage appropriate officials of the United States to enter into an agreement with Canada permitting Canadian Customs officers stationed in any such IBIA on the United States side of the border to enjoy such immunities as permitted in Canada.", "id": "HD4F99C523BE54E92AB00817B18AC3EB6", "header": "Authority for the establishment of Integrated Border Inspection Areas at the United States-Canada border" }, { "text": "123. Designation of foreign law enforcement officers \n(a) Miscellaneous provisions \nSection 401(i) of the Tariff Act of 1930 ( 19 U.S.C. 1401(i) ) is amended by inserting , including foreign law enforcement officers, after or other person. (b) Inspections and preclearance in foreign countries \nSection 629 of the Tariff Act of 1930 ( 19 U.S.C. 1629 ) is amended— (1) in subsection (a), by inserting , or subsequent to their exit from, after prior to their arrival in ; (2) in subsection (c)— (A) by inserting or exportation after relating to the importation ; and (B) by inserting or exit after port of entry ; (3) by amending subsection (e) to read as follows: (e) Stationing of foreign customs and agriculture inspection officers in the United States \nThe Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and agriculture inspection officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States, or that have gone directly from that country to the United States, comply with the customs and other laws of that country governing the importation or exportation of merchandise. Any foreign customs or agriculture inspection official stationed in the United States under this subsection may exercise such functions, perform such duties, and enjoy such privileges and immunities as United States officials may be authorized to perform or are afforded in that foreign country by treaty, agreement, or law. ; and (4) by adding at the end the following: (g) Privileges and immunities \nAny person designated to perform the duties of an officer of the Customs Service pursuant to section 401(i) of this Act shall be entitled to the same privileges and immunities as an officer of the Customs Service with respect to any actions taken by the designated person in the performance of such duties.. (c) Conforming amendment \nSection 127 of the Treasury Department Appropriations Act, 2003, is hereby repealed. (d) Effective date \nThis section, and the amendments made by this section, take effect on the date of the enactment of this Act.", "id": "H5C9D0F4E863145809FEC041B0052EC78", "header": "Designation of foreign law enforcement officers" }, { "text": "124. Customs services \nSection 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e)(1) is amended— (1) by striking (1) Notwithstanding section 451 of the Tariff Act of 1930 ( 19 U.S.C. 1451 ) or any other provision of law (other than paragraph (2)), and inserting: (1) In general \n(A) Scheduled flights \nNotwithstanding section 451 of the Tariff Act of 1930 ( 19 U.S.C. 1451 ) or any other provision of law (other than subparagraph (B) and paragraph (2)), ; and (2) by adding at the end the following: (B) Charter flights \nIf a charter air carrier (as defined in section 40102(13) of title 49, United States Code) specifically requests that customs border patrol services for passengers and their baggage be provided for a charter flight arriving after normal operating hours at a customs border patrol serviced airport and overtime funds for those services are not available, the appropriate customs border patrol officer may assign sufficient customs employees (if available) to perform any such services, which could lawfully be performed during regular hours of operation, and any overtime fees incurred in connection with such service shall be paid by the charter air carrier..", "id": "H292684A1673144B0B06272BF051D969B", "header": "Customs services" }, { "text": "125. Sense of Congress on interpretation of textile and apparel provisions \nIt is the sense of Congress that the Bureau of Customs and Border Protection of the Department of Homeland Security should interpret, implement, and enforce the provisions of section 112 of the African Growth and Opportunity Act ( 19 U.S.C. 3721 ), section 204 of the Andean Trade Preference Act ( 19 U.S.C. 3203 ), and section 213 of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703 ), relating to preferential treatment of textile and apparel articles, broadly in order to expand trade by maximizing opportunities for imports of such articles from eligible beneficiary countries.", "id": "H975E657ACEAD429BB8929CA755B9C574", "header": "Sense of Congress on interpretation of textile and apparel provisions" }, { "text": "126. Technical amendments \n(a) Tariff Act of 1930 \nSection 505(a) of the Tariff Act of 1930 is amended— (1) in the first sentence— (A) by inserting referred to in this subsection after periodic payment ; and (B) by striking 10 working days and inserting 12 working days ; and (2) in the second sentence, by striking a participating and all that follows through the end of the sentence and inserting the following: the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first.. (b) Customs user fees \n(1) Section 13031(b)(9)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(b)(9)(A) ) is amended by striking less than $2,000 and inserting $2,000 or less. (2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(b)(9)(A)(ii) ) is amended to read as follows: (ii) Notwithstanding subsection (e)(6) and subject to the provisions of subparagraph (B), in the case of an express consignment carrier facility or centralized hub facility— (I) $.66 per individual airway bill or bill of lading; and (II) if the merchandise is formally entered, the fee provided for in subsection (a)(9), if applicable.. (3) Section 13031(b)(9)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(b)(9)(B) ) is amended— (A) by moving the margins for subparagraph (B) 4 ems to the left; and (B) in clause (ii), by striking subparagraph (A)(ii) and inserting subparagraph (A)(ii) (I) or (II). (4) Section 13031(f)(1)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(1)(B) ) is amended by moving the subparagraph 2 ems to the left.", "id": "H1F9E8CC19C9F4680AAA532F13822C871", "header": "Technical amendments" }, { "text": "201. Authorization of appropriations \n(a) Authorization of Appropriations \nSection 141(g)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2171(g)(1)(A) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) $39,552,000 for fiscal year 2005. (ii) $39,552,000 for fiscal year 2006.. (b) Rule of Construction \nThe amendment made by subsection (a) shall not be construed to affect the availability of funds appropriated pursuant to section 141(g)(1)(A) of the Trade Act of 1974 before the date of the enactment of this Act.", "id": "H8B71C076743A44B587ADF833F975AEF2", "header": "Authorization of appropriations" }, { "text": "301. Authorization of appropriations \n(a) Authorization of Appropriations \nSection 330(e)(2)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1330(e)(2)(A) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) $61,700,000 for fiscal year 2005. (ii) $65,278,000 for fiscal year 2006.. (b) Rule of Construction \nThe amendment made by subsection (a) shall not be construed to affect the availability of funds appropriated pursuant to section 330(e)(2)(A) of the Tariff Act of 1930 before the date of the enactment of this Act.", "id": "H7F588FA93056486FB8D87493824400A1", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Patent Quality Assistance Act of 2004.", "id": "H76092299A1534E07A515248C6F85B050", "header": "Short title" }, { "text": "2. Opposition procedures \n(a) In general \nTitle 35, United States Code, is amended by inserting after chapter 31 the following new chapter: 32 Post-grant opposition procedures \nSec 321. Right to oppose patent; opposition request 322. Real party in interest 323. Timing of opposition request 324. Limits on scope of validity issues raised 325. Institution of the opposition proceeding 326. Patent owner response 327. Amendment of claims 328. Discovery and sanctions 329. Supplemental submissions 330. Hearing and briefs 331. Written decision 332. Burden of proof and evidence 333. Reconsideration 334. Appeal 335. Certificate 336. Estoppel 337. Duration of opposition 338. Settlement 339. Intervening rights 340. Relationship with reexamination proceedings 321. Right to oppose patent; opposition request \n(a) Filing of opposition \nA person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid by the person filing the opposition (in this chapter referred to as the opposer ). Copies of patents and printed publications to be relied upon in support of the request must be filed with the request. If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. (b) Copies provided to patent owner \nCopies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be kept separate pursuant to section 322(b), then the identity of the real party in interest may be redacted from the copies provided. (c) File available to the public \nThe file of any opposition proceeding shall be made available to the public, except as provided in section 322. 322. Real party in interest \n(a) Identification \nThe person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request \n(1) In general \nSubject to paragraph (2), if requested by the opposer, the identity of a real party in interest shall be kept separate from the file of the opposition and made available only to Government agencies upon written request, or to any person upon a showing of good cause. If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception \nNo request under paragraph (1) to keep the identity of a real party in interest separate from the file of the opposition may be made or maintained if the opposer relies upon factual evidence or expert opinions in the form of affidavits or declarations during the opposition proceeding or if the opposer exercises the right to appeal under section 141. 323. Timing of opposition request \nA person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if the patent owner consents in writing, an opposition request may be filed anytime during the period of enforceability of the patent. A court having jurisdiction over an issue of validity of a patent may not require the patent owner to consent to such a request. 324. Limits on scope of validity issues raised \nAn opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relating to disclosing the best mode; and (2) any issue arising under subsection (c), (f), or (g) of section 102. 325. Institution of the opposition proceeding \n(a) Dismissal; institution \n(1) Dismissal \nThe Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request shall not be admissible in any civil action related to the patent against which a dismissed request was filed. (2) Institution \nIf the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has elapsed since the date on which the patent was granted. (3) Consolidated proceeding \nIf an opposition proceeding is instituted based upon more than 1 opposition request, the opposition shall proceed as a single consolidated proceeding, unless later divided under subsection (c). (b) Parties \nThe parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1). (c) Decision by panel \nThe Director shall assign the opposition proceeding to a panel of three administrative patent judges (in this chapter referred to as the panel ). The panel shall decide the questions of patentability raised in each opposition request for which an opposition proceeding has been instituted. The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves multiple opposition requests by different parties. 326. Patent owner response \nAfter the Director has instituted an opposition proceeding under section 325, the patent owner shall have the right to file, within the time period set by the panel, a response to each opposition request that is the subject of the proceeding. The patent owner, in responding to an opposition request, shall file with the response, through affidavits or declarations, any additional factual evidence and expert opinions on which the patent owner relies in support of the response. 327. Amendment of claims \nThe patent owner is entitled to request amendment of any claims that are the subject of an opposition proceeding under this chapter, including by the addition of new claims. The patent owner shall file any such request for amendment with the patent owner’s response to an opposition request under section 326. The panel may permit further requests for amendment of the claims only upon good cause shown by the patent owner. No amendment enlarging the scope of the claims of the patent shall be permitted in the opposition proceeding. 328. Discovery and sanctions \n(a) Discovery \nAfter an opposition proceeding is instituted under this chapter, the patent owner shall have the right to depose each person submitting an affidavit or declaration on behalf of any opposer, and each opposer shall have the right to depose each person submitting an affidavit or declaration on behalf of the patent owner. Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this subsection. (b) Sanctions \nIf any party to an opposition proceeding fails to properly respond to any discovery under subsection (a), the panel may draw appropriate adverse inferences and take other action permitted by statute, rule, or regulation. 329. Supplemental submissions \nThe panel may permit one or more supplemental submissions to be made by any party to an opposition proceeding under this chapter, subject to the rights and limitations on discovery under section 328. 330. Hearing and briefs \nAny party to an opposition proceeding under this chapter may request an oral hearing within the time set by the panel. If a hearing is requested or the panel determines sua sponte that a hearing is needed, the panel shall set a time for the hearing. The panel may permit the partied to file briefs for the hearing, and shall permit cross-examination of all affiants and declarants in the hearing, either before the panel or by deposition taken under section 328. 331. Written decision \nThe panel shall issue a written decision on each issue of patentability with respect to each claim that is the subject of an opposition proceeding under this chapter. The written decision shall consist of findings of fact and conclusions of law. The written decision shall become a final determination of the Office on the issues raised in the opposition unless a party to the opposition files a request for reconsideration and modification of the written decision within a period set by the panel, which shall not be less than two weeks from the date of the written decision. 332. Burden of proof and evidence \n(a) Burden of proof \nThe opposer in an opposition proceeding under this chapter shall have the burden to prove the invalidity of a claim by a preponderance of the evidence. The determination of invalidity shall be based upon the broadest reasonable construction of the claim. (b) Evidence \nThe Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter. 333. Reconsideration \nIf a request is filed for reconsideration of the written decision in an opposition proceeding under this chapter, the panel may authorize a party to the proceeding who did not file such a request to file a response to the request for reconsideration. Following any reconsideration, the panel shall either deny the request for modification of the written decision or grant the request and issue a modified written decision, which shall constitute the final determination of the Office on the issues raised in the opposition proceeding. 334. Appeal \nA party dissatisfied with the final determination of the panel in an opposition proceeding under this chapter may appeal the determination under sections 141 through 144. Any party to the opposition proceeding shall have the right to be a party to the appeal. 335. Certificate \nWhen a decision of a panel in an opposition proceeding under the chapter has become final under section 331, 333, or 334, as the case may be, the Director shall issue and publish a certificate in accordance with the decision, canceling any claim of the patent determined to be unpatentable, and shall incorporate into the patent any new or amended claims determined to be patentable. The issuance of the certificate shall terminate the opposition proceeding. 336. Estoppel \n(a) Estoppel \n(1) In general \nSubject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subsequent proceeding involving that opposer under this title, any issue of fact or law actually decided and necessary to the determination of that issue. (2) Exception \nIf an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceeding, that could not reasonably have been discovered or presented in the opposition proceeding by that opposer, the opposer may raise, in that subsequent proceeding, that issue of fact and any determined issue of law for which the issue of fact was necessary. (b) Expanded definition of opposer \nFor purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest. (c) New party-in-Interest \nIf a proceeding arising by reason of additional factual evidence raised under subsection (a)(2) involves a real party in interest not identified to the patent owner under section 322, the real party in interest shall notify the Director and the patent owner of that fact and of the proceeding, within 30 days after receiving notice that the proceeding has been filed. 337. Duration of opposition \nThe determination of a panel in an opposition proceeding under this chapter, including any determinations pursuant to a request for reconsideration under section 133, shall be issued not later than 1 year after the date on which the opposition proceeding is instituted under section 325. Upon good cause shown, the Director may extend the 1-year period by not more than 6 months. 338. Settlement \n(a) In general \nAn opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminated with respect to an opposer under this section, no estoppel under section 336 shall apply to that opposer with respect to an issue of invalidity raised in the opposition proceeding. The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding. (b) Agreements in writing \nAny agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to therein, that is made in connection with or in contemplation of the termination of an opposition proceeding under subsection (a) shall be in writing. The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agreement or understanding shall be kept separate from the file of the opposition, and shall be made available only to Government agencies on written request, or to any person on a showing of good cause. (c) Discretionary actions reviewable \nAny discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5. 339. Intervening rights \nAny proposed amended or new claim determined to be patentable and incorporated into a patent following an opposition proceeding under this chapter shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the certificate issued under section 335 with respect to that amended or new claim. 340. Relationship with reexamination proceedings \n(a) Estoppel \nA patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same claim and on the same issue that was the basis of the opposition proceeding. (b) Staying of other proceedings \n[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency of any opposition proceeding under this chapter.]. (b) Clerical amendment \nThe table of chapters for part III of title 35, United States Code, is amended by adding at the end the following: 32. Opposition Procedures 321..", "id": "HFFF5056D39DD4BE4ABF7E1ACDC16907", "header": "Opposition procedures" }, { "text": "321. Right to oppose patent; opposition request \n(a) Filing of opposition \nA person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid by the person filing the opposition (in this chapter referred to as the opposer ). Copies of patents and printed publications to be relied upon in support of the request must be filed with the request. If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. (b) Copies provided to patent owner \nCopies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be kept separate pursuant to section 322(b), then the identity of the real party in interest may be redacted from the copies provided. (c) File available to the public \nThe file of any opposition proceeding shall be made available to the public, except as provided in section 322.", "id": "H04E041C5F1854DF0B17E3E19ECA68AD", "header": "Right to oppose patent; opposition request" }, { "text": "322. Real party in interest \n(a) Identification \nThe person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request \n(1) In general \nSubject to paragraph (2), if requested by the opposer, the identity of a real party in interest shall be kept separate from the file of the opposition and made available only to Government agencies upon written request, or to any person upon a showing of good cause. If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception \nNo request under paragraph (1) to keep the identity of a real party in interest separate from the file of the opposition may be made or maintained if the opposer relies upon factual evidence or expert opinions in the form of affidavits or declarations during the opposition proceeding or if the opposer exercises the right to appeal under section 141.", "id": "H24E4549FA0D94C9BA490CFE79BF0AB98", "header": "Real party in interest" }, { "text": "323. Timing of opposition request \nA person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if the patent owner consents in writing, an opposition request may be filed anytime during the period of enforceability of the patent. A court having jurisdiction over an issue of validity of a patent may not require the patent owner to consent to such a request.", "id": "HB0A8F0112B294319804100E76CE1E111", "header": "Timing of opposition request" }, { "text": "324. Limits on scope of validity issues raised \nAn opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relating to disclosing the best mode; and (2) any issue arising under subsection (c), (f), or (g) of section 102.", "id": "H1C9E9192EFEE4C6F801811E9B9B5092C", "header": "Limits on scope of validity issues raised" }, { "text": "325. Institution of the opposition proceeding \n(a) Dismissal; institution \n(1) Dismissal \nThe Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request shall not be admissible in any civil action related to the patent against which a dismissed request was filed. (2) Institution \nIf the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has elapsed since the date on which the patent was granted. (3) Consolidated proceeding \nIf an opposition proceeding is instituted based upon more than 1 opposition request, the opposition shall proceed as a single consolidated proceeding, unless later divided under subsection (c). (b) Parties \nThe parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1). (c) Decision by panel \nThe Director shall assign the opposition proceeding to a panel of three administrative patent judges (in this chapter referred to as the panel ). The panel shall decide the questions of patentability raised in each opposition request for which an opposition proceeding has been instituted. The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves multiple opposition requests by different parties.", "id": "H031858EAD9B348849B5542B700693F19", "header": "Institution of the opposition proceeding" }, { "text": "326. Patent owner response \nAfter the Director has instituted an opposition proceeding under section 325, the patent owner shall have the right to file, within the time period set by the panel, a response to each opposition request that is the subject of the proceeding. The patent owner, in responding to an opposition request, shall file with the response, through affidavits or declarations, any additional factual evidence and expert opinions on which the patent owner relies in support of the response.", "id": "HA0E6B1FA3244421CB3AA300500AD4B5D", "header": "Patent owner response" }, { "text": "327. Amendment of claims \nThe patent owner is entitled to request amendment of any claims that are the subject of an opposition proceeding under this chapter, including by the addition of new claims. The patent owner shall file any such request for amendment with the patent owner’s response to an opposition request under section 326. The panel may permit further requests for amendment of the claims only upon good cause shown by the patent owner. No amendment enlarging the scope of the claims of the patent shall be permitted in the opposition proceeding.", "id": "HB153E315F68540FDA98DDE067C7E5CED", "header": "Amendment of claims" }, { "text": "328. Discovery and sanctions \n(a) Discovery \nAfter an opposition proceeding is instituted under this chapter, the patent owner shall have the right to depose each person submitting an affidavit or declaration on behalf of any opposer, and each opposer shall have the right to depose each person submitting an affidavit or declaration on behalf of the patent owner. Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this subsection. (b) Sanctions \nIf any party to an opposition proceeding fails to properly respond to any discovery under subsection (a), the panel may draw appropriate adverse inferences and take other action permitted by statute, rule, or regulation.", "id": "HB536846A6CAA42A9BBC228DE3DE7E2D", "header": "Discovery and sanctions" }, { "text": "329. Supplemental submissions \nThe panel may permit one or more supplemental submissions to be made by any party to an opposition proceeding under this chapter, subject to the rights and limitations on discovery under section 328.", "id": "HCF73CBC9017B4F27A925F600F2079BAB", "header": "Supplemental submissions" }, { "text": "330. Hearing and briefs \nAny party to an opposition proceeding under this chapter may request an oral hearing within the time set by the panel. If a hearing is requested or the panel determines sua sponte that a hearing is needed, the panel shall set a time for the hearing. The panel may permit the partied to file briefs for the hearing, and shall permit cross-examination of all affiants and declarants in the hearing, either before the panel or by deposition taken under section 328.", "id": "HF1D76AEBDE754F8E89BF93E7311C1F46", "header": "Hearing and briefs" }, { "text": "331. Written decision \nThe panel shall issue a written decision on each issue of patentability with respect to each claim that is the subject of an opposition proceeding under this chapter. The written decision shall consist of findings of fact and conclusions of law. The written decision shall become a final determination of the Office on the issues raised in the opposition unless a party to the opposition files a request for reconsideration and modification of the written decision within a period set by the panel, which shall not be less than two weeks from the date of the written decision.", "id": "H186F5914FDC843A88DEF23896D03D59E", "header": "Written decision" }, { "text": "332. Burden of proof and evidence \n(a) Burden of proof \nThe opposer in an opposition proceeding under this chapter shall have the burden to prove the invalidity of a claim by a preponderance of the evidence. The determination of invalidity shall be based upon the broadest reasonable construction of the claim. (b) Evidence \nThe Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter.", "id": "H40DFEE36DD28459895B2C22008C6279C", "header": "Burden of proof and evidence" }, { "text": "333. Reconsideration \nIf a request is filed for reconsideration of the written decision in an opposition proceeding under this chapter, the panel may authorize a party to the proceeding who did not file such a request to file a response to the request for reconsideration. Following any reconsideration, the panel shall either deny the request for modification of the written decision or grant the request and issue a modified written decision, which shall constitute the final determination of the Office on the issues raised in the opposition proceeding.", "id": "H754C7C4624D94C1C83ED8B91F9929E75", "header": "Reconsideration" }, { "text": "334. Appeal \nA party dissatisfied with the final determination of the panel in an opposition proceeding under this chapter may appeal the determination under sections 141 through 144. Any party to the opposition proceeding shall have the right to be a party to the appeal.", "id": "H4E3DC5D43C414482A1C7EFC0EB15CB83", "header": "Appeal" }, { "text": "335. Certificate \nWhen a decision of a panel in an opposition proceeding under the chapter has become final under section 331, 333, or 334, as the case may be, the Director shall issue and publish a certificate in accordance with the decision, canceling any claim of the patent determined to be unpatentable, and shall incorporate into the patent any new or amended claims determined to be patentable. The issuance of the certificate shall terminate the opposition proceeding.", "id": "H8E87D3299C6E4115A6A4D4B395136EEB", "header": "Certificate" }, { "text": "336. Estoppel \n(a) Estoppel \n(1) In general \nSubject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subsequent proceeding involving that opposer under this title, any issue of fact or law actually decided and necessary to the determination of that issue. (2) Exception \nIf an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceeding, that could not reasonably have been discovered or presented in the opposition proceeding by that opposer, the opposer may raise, in that subsequent proceeding, that issue of fact and any determined issue of law for which the issue of fact was necessary. (b) Expanded definition of opposer \nFor purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest. (c) New party-in-Interest \nIf a proceeding arising by reason of additional factual evidence raised under subsection (a)(2) involves a real party in interest not identified to the patent owner under section 322, the real party in interest shall notify the Director and the patent owner of that fact and of the proceeding, within 30 days after receiving notice that the proceeding has been filed.", "id": "HD1158D441F9841498B6390BA95A410E6", "header": "Estoppel" }, { "text": "337. Duration of opposition \nThe determination of a panel in an opposition proceeding under this chapter, including any determinations pursuant to a request for reconsideration under section 133, shall be issued not later than 1 year after the date on which the opposition proceeding is instituted under section 325. Upon good cause shown, the Director may extend the 1-year period by not more than 6 months.", "id": "H6368ABF1CD7344D1A293F49672A600AE", "header": "Duration of opposition" }, { "text": "338. Settlement \n(a) In general \nAn opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminated with respect to an opposer under this section, no estoppel under section 336 shall apply to that opposer with respect to an issue of invalidity raised in the opposition proceeding. The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding. (b) Agreements in writing \nAny agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to therein, that is made in connection with or in contemplation of the termination of an opposition proceeding under subsection (a) shall be in writing. The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agreement or understanding shall be kept separate from the file of the opposition, and shall be made available only to Government agencies on written request, or to any person on a showing of good cause. (c) Discretionary actions reviewable \nAny discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5.", "id": "HDC5943DDBD4649E4B48EBCCC7F1100A4", "header": "Settlement" }, { "text": "339. Intervening rights \nAny proposed amended or new claim determined to be patentable and incorporated into a patent following an opposition proceeding under this chapter shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the certificate issued under section 335 with respect to that amended or new claim.", "id": "H26766708150B4CC500002B80BB165FAE", "header": "Intervening rights" }, { "text": "340. Relationship with reexamination proceedings \n(a) Estoppel \nA patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same claim and on the same issue that was the basis of the opposition proceeding. (b) Staying of other proceedings \n[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency of any opposition proceeding under this chapter.]", "id": "H3A20BA3754D449C395BFE800FC610905", "header": "Relationship with reexamination proceedings" }, { "text": "3. Publication of patent applications \nSection 122 of title 35, United States Code, is amended by striking subsection (c) and redesignating subsection (d) as subsection (c).", "id": "H0AFA4C820E0647C2964F03208D009FB3", "header": "Publication of patent applications" }, { "text": "4. Submissions by third parties \nSection 131 of title 35, United States Code, is amended— (1) by striking The Director and inserting (a) In general.—The Director ; and (2) by adding at the end the following: (b) Third party submissions \nAny party shall have the opportunity to submit for consideration and for inclusion in the record, prior art (including, but not limited to, evidence of knowledge or use, or public use or sale, under section 102), to determine whether the invention was known or used, or was in public use, or on sale, under section 102 or would have been obvious under section 103. The Director shall consider such submissions if the request— (1) is made in writing not later than— (A) 6 months after the date on which the patent application is published under section 122, or (B) before the date on which a notice of allowance is mailed under section 151 for a patent on the invention, whichever occurs first; (2) is accompanied by the payment of a fee established by the Director under section 41 for third party submissions; (3) sets forth the teaching and applicability of each reference and the basis on which the submission is offered; and (4) includes a sworn declaration attesting to the relevance and accuracy of the submissions. Information submitted under this subsection shall be considered during the examination of the patent application..", "id": "HF443739D91A24AA887B7DA5039F1039C", "header": "Submissions by third parties" }, { "text": "5. Effect of notices of infringement \nA notice by a patent holder alleging infringement of the patent shall not be deemed sufficient to subject a recipient of the notice to liability for willful infringement of the patent unless the notice would cause the recipient to have standing in a proceeding pursuant to a motion for declaratory judgment with respect to the subject matter of the notice.", "id": "HA5BC6E4277E14BD596F521BE93D1ECC", "header": "Effect of notices of infringement" }, { "text": "6. Injunctions \nSection 283 of title 35, United States Code, is amended— (1) by striking The several and inserting (a) In General.— The several ; and (2) by adding at the end the following: (b) Grounds for granting injunction \nA court shall not grant an injunction under this section unless it finds that the patentee is likely to suffer irreparable harm that cannot be remedied by payment of money damages. In making or rejecting such a finding, the court shall not presume the existence of irreparable harm, but rather the court shall consider and weigh evidence, if any, tending to establish or negate any equitable factor relevant to a determination of the existence of irreparable harm, including, but not limited to, the extent to which the patentee makes use of the technology claimed by the patent..", "id": "H77C54D616796462BA19BBDD1C319A721", "header": "Injunctions" }, { "text": "7. Inter partes reexamination \n(a) Estoppel provision \nSection 315(c) of title 35, United States Code, is amended by striking or could have raised. (b) Applicability \nNotwithstanding section 4608(a) of the Intellectual Property and Communications Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113 (41 U.S.C. note), sections 311 through 318 of title 35, United States Code, as amended by this section, shall apply to any patent that issues from an original application filed before, on, or after November 29, 1999.", "id": "HA68F0253BFAF4F25B9CCF704E4D86F", "header": "Inter partes reexamination" }, { "text": "8. Nonobviousness \nSection 103 of title 35, United States Code, is amended by adding at the end the following: (d) (1) A business method invention shall be presumed obvious under this section if the only significant difference between the combined teachings of the prior art and the claimed invention is that the claimed invention is appropriate for use with a computer technology, unless— (A) the application of the computer technology is novel; or (B) the computer technology is novel and not the subject of another patent or patent application. (2) (A) An applicant or patentee may rebut the presumption under paragraph (1) upon a showing by a preponderance of the evidence that the invention is not obvious to persons of ordinary skill in all relevant arts. (B) Those areas of art which are relevant for purposes of subparagraph (A) include the field of the business method and the field of the computer implementation..", "id": "H397F273A887D441F874F8DC5C2E0F23", "header": "Nonobviousness" }, { "text": "9. Conforming amendments \n(a) Definitions \nSection 100(e) of title 35, United States Code, is amended by striking or inter partes reexamination under section 311 and inserting inter partes reexamination under section 311, or an opposition under section 321,. (b) Appeal to court of appeals \n(1) Section 141 of title 35, United States Code, is amended in the first sentence, by inserting or a final determination of a panel of administrative patent judges under chapter 32 of this title after 134 of this title. (2) Section 143 of title 35, United States Code, is amended by inserting after the third sentence the following: In any opposition proceeding, the panel of administrative patent judges making the determination in the proceeding shall submit to the court in writing the grounds for the decision of the panel, addressing all the issues involved in the appeal.", "id": "H08021B4637E6400EA204E5F9F0C3D5CF", "header": "Conforming amendments" }, { "text": "10. Effective date \nExcept as provided in section 7(b), the amendments made by this Act shall apply to patents issued, and applications for patent that are made, on and after the date of the enactment of this Act.", "id": "HF44BF8AA446642469BB05FE79D434906", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rapid Pathogen Identification to Delivery of Cures Act.", "id": "HE0D82DD1B5B04E39BA00498681BB00B8", "header": "Short title" }, { "text": "2. Findings and policy \n(a) Findings \nThe Congress finds as follows: (1) The possibility exists today that terrorists or others who intend harm to United States forces deployed abroad or to the homeland will use techniques in biotechnology to enhance the transmissibility, stability, virulence, or host range of a biological agent, or to render existing diagnostic, therapeutic, and vaccine strategies or innate immune responses against a biological agent less effective. (2) This possibility will likely grow over time as such techniques develop, improve, and spread as an inevitable result of biotechnology innovation. (3) Natural processes can also lead to the emergence of previously unknown and harmful pathogens or render known pathogens resistant to existing diagnostic, therapeutic, or adaptive immune approaches. (4) Long delays in developing new and effective responses to pathogens are typical. The discovery, development, and approval process for new drugs and vaccines typically requires 10 to 20 years and costs an average of $800 million. These constraints reflect the long, costly research and development process, including the failure of most drug or vaccine candidates to demonstrate favorable characteristics in pre-clinical testing, as well as the expensive, time-consuming clinical trials required to prove the safety and effectiveness of new treatments. (5) Congress has already authorized the abridgement of the long testing and approval process required to ensure safety and efficacy under the emergency conditions of a severe outbreak of a harmful pathogen. However, it will likely still take years for even an experimental treatment or vaccine to become available. (6) There is no coordinated, focused research and development program or overall national strategy to achieve significant and dramatic reductions in the timeframe from the identification of a pathogen to the development and emergency approval for human use of reasonably safe and effective new biodefense medical countermeasures against a previously unknown or engineered pathogen or toxin. (7) Even utilizing existing technologies, there is no organized capability in the public or private sector to rapidly screen drug candidates for potential therapeutic activity against pathogens, develop and manufacture drug, biological, or medical device products, or test already approved treatments for efficacy against a previously unknown or engineered biological threat that puts our deployed armed forces or the homeland at risk. (8) In the area of infectious disease in particular, private sector firms are abandoning all types of innovation and research and development in favor of investments in more profitable medical markets. (9) Tremendous potential exists for benefits to health by concerted, targeted public-private investment to dramatically reduce the timeframe for the development of new countermeasures. The pharmaceutical and biotechnology industries are fundamentally innovative and are quick to integrate new technologies. Useful and important discoveries and technological advances will be rapidly absorbed by the private sector, leading to faster delivery of new medicines and reductions in the costs of drug development. (b) Policy \nThe Congress hereby declares it to be the national policy of the United States to promote technological advancements that will dramatically reduce the timeframe for the development of new medical countermeasures to treat or prevent disease caused by infectious disease agents or toxins that, through natural processes or intentional introduction, may pose a significant risk to public health now or in the future.", "id": "H3B82D510830844BB840089169DB362D7", "header": "Findings and policy" }, { "text": "3. Rapid biodefense countermeasures development national strategy \nTitle III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) ( Public Law 107–296 ) is amended by inserting after section 304 the following section: 304A. Rapid biodefense countermeasures development national strategy \n(a) National strategy for shortening the medical countermeasure development timeframe \nNot later than 180 days after the date of the enactment of the Rapid Pathogen Identification to Delivery of Cures Act, the Secretaries of Homeland Security, Health and Human Services, and Defense shall submit to Congress a report setting forth a strategy to achieve dramatic reductions in the timeframe from pathogen identification to the development and emergency approval for human use of reasonably safe and effective priority countermeasure against a novel or unknown pathogen or toxin. (b) Elements \nThe report under subsection (a) shall include the following: (1) The identification of the technical impediments to reductions in the timeframe from pathogen identification to priority countermeasure development and approval under emergency conditions. (2) The identification of the research, development, and technology needs and clinical research needs to address these impediments. (3) The identification of existing research and development efforts in Federal agencies, academia and industry that are addressing the needs identified in subsection (c)(2). (4) The identification of facilities, programs and resources that can be utilized to address these research, development, and technology needs and clinical research needs among— (A) Federal agencies; (B) colleges and universities; (C) not-for-profit institutions; (D) industry, including information technology, software, robotics, pharmaceutical and biotechnology companies and their consortia; and (E) foreign research and technological institutions. (5) A proposal for the establishment of a coordinated and integrated federal program to address these research, development, and technology needs, including— (A) the application of Federal Government resources, including recommendations for the allocation and prioritization of Federal funds; (B) interagency management and coordination mechanisms; (C) the establishment of partnerships between private corporations and Federal agencies or Federally funded entities; (D) information and technology sharing and coordination mechanisms among public, private, academic, not-for-profit, and international institutions; (E) the use of incentives to promote private sector participation; and (F) the adjustment of Federal regulatory requirements to promote private sector innovation. (6) The identification of potential liability concerns stemming from distribution of rapidly-developed priority countermeasures under emergency conditions and a proposal for regulatory or legislative approaches to eliminating these concerns. (7) A proposal for managing the transfer of new technologies and associated intellectual property rights. (c) Considerations \nIn developing the national strategy under subsection (a), the Secretaries shall consider— (1) the research, development, and technology needs and clinical research needs of the entire pathogen identification to priority countermeasures discovery, development, production, and approval process, including— (A) initial identification and characterization of a pathogen or toxin, including the identification of any genetic or other manipulations; (B) priority countermeasures discovery; (C) pre-clinical testing and evaluation of priority countermeasures; (D) safety and efficacy animal testing, including the needs for approval under emergency conditions and accelerated approval of new priority countermeasure under the final rule New Drug and Biological Drug Products; Evidence Needed to Demonstrate Effectiveness of New Drugs When Human Efficacy Studies Are Not Ethical or Feasible published in the Federal Register on May 31, 2002 (67 Fed. Reg. 37988); (E) safety and efficacy human testing, including mechanisms for the conduct of clinical trials under emergency conditions; (F) research-scale and full production-scale manufacturing, including biologics manufacturing sciences; and (G) the approval of priority countermeasure under emergency conditions; (2) the potential importance of advanced technologies such as automation, computer modeling and simulation, bioinformatics, pharmacogenomics, and bioengineering techniques for manufacturing; (3) the availability of sufficient manufacturing capacity for priority countermeasures production to meet potential public demand under emergency conditions; and (4) the current state of national and international collaborative research networks and applications to facilitate and encourage the rapid and coordinated development and sharing of laboratory and clinical research planning and results. (d) Authority to contract \nThe Secretary of Homeland Security, after consultation with the Secretaries of Health and Human Services and Defense and the working group established under section 319F(a) of the Public Health Service Act, may contract with any one or more for-profit or non-profit firm or institution to conduct the necessary research and analysis needed to complete any one or more of the elements described in subsection (b) of the report required in this section, provided the considerations described in subsection (c) are met. (e) Definitions \nIn this section: (1) The term emergency conditions refers to a declaration of emergency under section 564 of the Federal Food, Drug, and Cosmetic Act. (2) The term pathogen identification means the point in time in which a specific agent that can be reasonably assumed to be the cause of (or has the potential to be the cause of) an infectious disease or toxin-induced syndrome has been identified and partially or wholly characterized scientifically. (3) The term priority countermeasure has the same meaning given such term in section 319F(h) of the Public Health Service Act. (f) Authorization of appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2005..", "id": "H1A2FAE06E0FE406A9C7EC3BF98F1B4CF", "header": "Rapid biodefense countermeasures development national strategy" }, { "text": "304A. Rapid biodefense countermeasures development national strategy \n(a) National strategy for shortening the medical countermeasure development timeframe \nNot later than 180 days after the date of the enactment of the Rapid Pathogen Identification to Delivery of Cures Act, the Secretaries of Homeland Security, Health and Human Services, and Defense shall submit to Congress a report setting forth a strategy to achieve dramatic reductions in the timeframe from pathogen identification to the development and emergency approval for human use of reasonably safe and effective priority countermeasure against a novel or unknown pathogen or toxin. (b) Elements \nThe report under subsection (a) shall include the following: (1) The identification of the technical impediments to reductions in the timeframe from pathogen identification to priority countermeasure development and approval under emergency conditions. (2) The identification of the research, development, and technology needs and clinical research needs to address these impediments. (3) The identification of existing research and development efforts in Federal agencies, academia and industry that are addressing the needs identified in subsection (c)(2). (4) The identification of facilities, programs and resources that can be utilized to address these research, development, and technology needs and clinical research needs among— (A) Federal agencies; (B) colleges and universities; (C) not-for-profit institutions; (D) industry, including information technology, software, robotics, pharmaceutical and biotechnology companies and their consortia; and (E) foreign research and technological institutions. (5) A proposal for the establishment of a coordinated and integrated federal program to address these research, development, and technology needs, including— (A) the application of Federal Government resources, including recommendations for the allocation and prioritization of Federal funds; (B) interagency management and coordination mechanisms; (C) the establishment of partnerships between private corporations and Federal agencies or Federally funded entities; (D) information and technology sharing and coordination mechanisms among public, private, academic, not-for-profit, and international institutions; (E) the use of incentives to promote private sector participation; and (F) the adjustment of Federal regulatory requirements to promote private sector innovation. (6) The identification of potential liability concerns stemming from distribution of rapidly-developed priority countermeasures under emergency conditions and a proposal for regulatory or legislative approaches to eliminating these concerns. (7) A proposal for managing the transfer of new technologies and associated intellectual property rights. (c) Considerations \nIn developing the national strategy under subsection (a), the Secretaries shall consider— (1) the research, development, and technology needs and clinical research needs of the entire pathogen identification to priority countermeasures discovery, development, production, and approval process, including— (A) initial identification and characterization of a pathogen or toxin, including the identification of any genetic or other manipulations; (B) priority countermeasures discovery; (C) pre-clinical testing and evaluation of priority countermeasures; (D) safety and efficacy animal testing, including the needs for approval under emergency conditions and accelerated approval of new priority countermeasure under the final rule New Drug and Biological Drug Products; Evidence Needed to Demonstrate Effectiveness of New Drugs When Human Efficacy Studies Are Not Ethical or Feasible published in the Federal Register on May 31, 2002 (67 Fed. Reg. 37988); (E) safety and efficacy human testing, including mechanisms for the conduct of clinical trials under emergency conditions; (F) research-scale and full production-scale manufacturing, including biologics manufacturing sciences; and (G) the approval of priority countermeasure under emergency conditions; (2) the potential importance of advanced technologies such as automation, computer modeling and simulation, bioinformatics, pharmacogenomics, and bioengineering techniques for manufacturing; (3) the availability of sufficient manufacturing capacity for priority countermeasures production to meet potential public demand under emergency conditions; and (4) the current state of national and international collaborative research networks and applications to facilitate and encourage the rapid and coordinated development and sharing of laboratory and clinical research planning and results. (d) Authority to contract \nThe Secretary of Homeland Security, after consultation with the Secretaries of Health and Human Services and Defense and the working group established under section 319F(a) of the Public Health Service Act, may contract with any one or more for-profit or non-profit firm or institution to conduct the necessary research and analysis needed to complete any one or more of the elements described in subsection (b) of the report required in this section, provided the considerations described in subsection (c) are met. (e) Definitions \nIn this section: (1) The term emergency conditions refers to a declaration of emergency under section 564 of the Federal Food, Drug, and Cosmetic Act. (2) The term pathogen identification means the point in time in which a specific agent that can be reasonably assumed to be the cause of (or has the potential to be the cause of) an infectious disease or toxin-induced syndrome has been identified and partially or wholly characterized scientifically. (3) The term priority countermeasure has the same meaning given such term in section 319F(h) of the Public Health Service Act. (f) Authorization of appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2005.", "id": "H73C47329DBF54336B727ABCAFA162907", "header": "Rapid biodefense countermeasures development national strategy" }, { "text": "4. Clinical research under emergency conditions \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a system for the rapid establishment of clinical research programs to examine the safety and efficacy of new or existing treatments for novel, unknown, or bioengineered pathogens or toxins. The Secretary shall also provide the means for rapid dissemination of results and recommendations to clinicians nationwide. (b) Emergency fund \nA fund is authorized to be established for use, at the discretion of the Secretary, solely for the support of clinical research as described in subsection (a).", "id": "H37FC86590EC749E094D9974765E744F6", "header": "Clinical research under emergency conditions" }, { "text": "5. Interagency working group \nSection 319F(a) of the Public Health Service Act, as amended by Public Law 107–188 , is amended— (1) by inserting the Secretary of Homeland Security, after in coordination with the ; (2) by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and (3) by inserting after subparagraph (C) the following subparagraph: (D) development of a national strategy to achieve dramatic reductions in the timeframe from the identification of a pathogen to the development and approval for human use under emergency conditions of priority countermeasures against a novel, unknown, or engineered pathogen or toxin;.", "id": "HDAA477B03FB641F28E00955DEC7500F6", "header": "Interagency working group" }, { "text": "6. Developing the capability for rapid biodefense countermeasure development \n(a) Research \nSection 319F(h)(1) of the Public Health Service Act, as amended by Public Law 107–188 , is amended— (1) in subparagraph (C), by striking and after the semicolon; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following subparagraph: (D) the development of a capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin; and. (b) Research and development at the Department of Defense \nSection 1601(a) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ) is amended by adding at the end the following: The program shall also include research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious.. (c) Research and development at the Department of Homeland Security \nTitle III of the Homeland Security Act of 2002, as amended by section 3 of this Act, is amended by inserting after section 304A the following section: 304B. Developing the capability for rapid biodefense countermeasure development \nThe Secretary, in collaboration with the Secretaries of Defense and Health and Human Services, shall carry out a program for research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious..", "id": "H39F7F7BA46CB4D57B410795E047987A4", "header": "Developing the capability for rapid biodefense countermeasure development" }, { "text": "304B. Developing the capability for rapid biodefense countermeasure development \nThe Secretary, in collaboration with the Secretaries of Defense and Health and Human Services, shall carry out a program for research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious.", "id": "H57F90C1500ED4D24007B905DA5DAF97E", "header": "Developing the capability for rapid biodefense countermeasure development" } ]

[ { "text": "1. Short title \nThis Act may be cited as the United States Court of Federal Claims Termination Act of 2004.", "id": "HE0216B10FB05463BBD48FE6E8CC9E4F9", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) a fair and efficient Federal judiciary is a bedrock of the Nation’s democracy; (2) at a time of rising deficits and shrinking budgets, it is imperative that Federal judiciary resources be used wisely; (3) the United States Court of Federal Claims operates inefficiently; (4) in calendar year 2002, on average, judges of the Court of Federal Claims conducted only 1.5 trials and spent less than 66 hours in a courtroom; (5) between calendar years 1997 and 2001, on average, Court of Federal Claims judges had 45 cases on their docket each year; (6) by contrast, during the same period, Federal district court judges had 478 cases on their dockets each year; (7) a comprehensive study by a respected legal scholar concluded that the caseload of the Court of Federal Claims could be handled more efficiently by Federal district courts; (8) transferring the caseload of the Court of Federal Claims to the Federal district courts would add less than 1 case each year to each Federal district judgeship; (9) there is no evidence that Federal district courts are incapable of handling the caseload of the Court of Federal Claims; (10) it is estimated that the budget for fiscal year 2004 for the Court of Federal Claims is $14,400,000; and (11) elimination of the Court of Federal Claims will lead to a significant savings of taxpayer dollars, especially over the long term.", "id": "HA2D193B8C035414E85E560456AF5194", "header": "Findings" }, { "text": "3. Termination of United States Court of Federal Claims \n(a) Filing of claims \nNotwithstanding any other provision of law, no claim may be filed in the United States Court of Federal Claims on or after the date of enactment of this Act. (b) Pending claims \nNot later than 60 days after the date of enactment of this Act, the Chief Justice of the United States shall promulgate regulations to carry out an orderly transfer of all claims pending before the United States Court of Federal Claims to appropriate courts of the United States. Such transfers shall be completed during the 1-year period beginning on the date of enactment of this Act. Regulations under this subsection may provide for some claims to proceed in the United States Court of Federal Claims during that 1-year period. A congressional reference case for which a report is not transmitted to the appropriate House of Congress before the end of that 1-year period shall not be transferred and shall terminate. (c) Termination \nNotwithstanding any other provision of law, the United States Court of Federal Claims is terminated effective on and after the date occurring 1 year after the date of enactment of this Act. (d) Report \nNot later than 60 days after the date of enactment of this Act, the Director of the Administrative Office of United States Courts shall submit a report to Congress containing recommendations for legislation to carry out this Act, including recommendations for conforming amendments to Federal law.", "id": "H687A75D6E76E4E20896874C0FC855959", "header": "Termination of United States Court of Federal Claims" } ]

[ { "text": "1. Contracts for use of excess capacity water in the Fryingpan-Arkansas Project \nThe Secretary of the Interior may enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a term not to exceed 50 years for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose.", "id": "H2A235127F5284062889EEB88087C40B0", "header": "Contracts for use of excess capacity water in the Fryingpan-Arkansas Project" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the United States-Israel Energy Cooperation Act.", "id": "HEE5E077609C3414F8F886BC4ACAAA2F1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) It is in the highest national security interests of the United States to ensure secure access to reliable energy sources. (2) The United States relies heavily upon the foreign supply of crude oil to meet its energy needs, currently importing 58 percent of its total oil requirements, of which 45 percent comes from member states of the Organization of Petroleum Exporting Countries (OPEC). (3) Revenues from the sale of oil by some of these countries directly or indirectly provide funding for terrorism and propaganda hostile to the United States and Western values. (4) In the past, these countries have manipulated the dependence of the United States on their oil supplies to exert undue influence upon United States policy, as during OPEC's 1973 embargo on the sale of oil to the United States, which became a major factor in the ensuing recession. (5) Research by the Energy Information Administration of the Department of Energy has shown that the dependence of the United States on foreign oil will increase by 33 percent over the next 20 years. (6) A rise in the price of imported oil sufficient to increase gasoline prices by 10 cents per gallon at the pump would result in an additional outflow of 18 billion dollars from the United States to oil-exporting nations. (7) For economic and national security reasons, the United States should reduce, as soon as possible, its dependence on nations that do not share its interests and values. (8) The state of Israel has been a steadfast ally and a close friend of the United States since its creation in 1948. (9) Like the United States, Israel is a democracy which holds civil rights and liberties in the highest regard and is a proponent of the democratic values of peace, freedom, and justice. (10) Cooperation between the United Sates and Israel on such projects as the development of the Arrow Missile has resulted in mutual benefits to United States and Israeli security. (11) The special relationship between Israel and the United States has been and continues to be manifested in a variety of jointly-funded cooperative programs in the field of scientific research and development, such as the United States-Israel Binational Science Foundations (BSF), the United States-Israel Binational Agricultural Research and Development Fund (BARD), and the United States-Israel Binational Industrial Research and Development (BIRD) Foundation. (12) These programs, supported by the matching contributions from the Government of Israel and the Government of the United States and directed by key scientists and academics from both countries, have made possible many scientific breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others. (13) Israeli scientists and researchers have long been at the forefront of research and development in the field of alternative renewable energy sources. (14) Many of the world's top corporations have recognized Israel's technological and scientific expertise by locating important research and development facilities in Israel. (15) Among the technological breakthroughs made by Israeli scientists and researchers in the field of alternative, renewable energy sources are the development of a cathode that uses hexavalent iron salts which accept 3 electrons per ion and enable rechargeable batteries to provide 3 times as much electricity as they currently do, the development of a technique that vastly increases the efficiency of utilizing solar energy to generate hydrogen for use in energy cells, and the development of a novel membrane utilized in new and powerful direct-oxidant fuel cells which is capable of competing favorably with hydrogen fuel cells and traditional internal combustion engines. (16) Cooperation between the United States and Israel in the field of research and development of alternative renewable energy sources would be in the interests of both countries, and both countries stand to gain much from such cooperation.", "id": "HF6720A8BFD2B4BE0966E0005AC00BEBC", "header": "Findings" }, { "text": "3. Grant Program \n(a) Establishment \nThe Assistant Secretary of Energy for Policy and International Affairs (hereafter referred to as the Assistant Secretary ) shall establish a grant program to award grants to eligible entities. (b) Eligible entities \nFor the purposes of this Act, eligible entity means a joint venture comprised of both Israeli and United States private business entities or a joint venture comprised of both Israeli academic persons (who reside and work in Israel) and United States academic persons, which— (1) carries out an eligible project; and (2) is selected by the BIRD or BSF using the criteria established by the International Energy Advisory Board established under section 4. (c) Eligible projects \nFor the purposes of this Act, eligible project means a project to encourage cooperation between the United States and Israel on research, development, and commercialization of alternative energy, improved energy efficiency, and renewable energy sources. (d) Application \n(1) Submission of applications to BIRD or BSF \nTo receive a grant under this section, an eligible entity must submit an application to BIRD or BSF containing such information and assurances as the Directors of BIRD and BSF may require. (2) Selection of eligible entities by BIRD and BSF \nThe Directors of BIRD and BSF may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Advisory Board for a grant under this section. (e) Amount of grant \nThe amount of each grant to be awarded in a fiscal year under this section shall be determined by BIRD or BSF. (f) Report \nNot later than 6 months after receiving a grant under this section, each recipient shall submit a report to the Assistant Secretary documenting how the recipient used the grant funds and evaluating the level of success of each project funded by the grant.", "id": "H3EB564F480C341BC80812E945454AB07", "header": "Grant Program" }, { "text": "4. International Energy Advisory Board \n(a) Establishment \nThere is established in the Department of Energy an International Energy Advisory Board (hereafter referred to as the Advisory Board ). (b) Duties \nThe Advisory Board shall— (1) establish criteria for the recipients of grants awarded under the grant program established in section 3(a); and (2) determine the total amount of grant money to be awarded to all grantees selected by BIRD and the total amount of grant money to be awarded to all grantees selected by BSF for each fiscal year. (c) Membership \n(1) Number and appointment \nThe Advisory Board shall be composed of 4 members as follows: (A) One member shall be appointed by the Secretary of Commerce. (B) One member shall be appointed by the Secretary of Energy. (C) Two members shall be Israeli citizens and shall be appointed by the Secretary of Energy after consultation with appropriate officials in the Israeli government. (2) Deadline for appointments \nThe appointments under paragraph (1) shall be made before the expiration of the 60-day period which begins on the date of the enactment of this Act. (3) Term \nEach member shall be appointed for 4 years. (4) Vacancies \nA vacancy in the Advisory Board shall be filled in the manner in which the original appointment was made. (5) Basic pay \n(A) Compensation \nMembers shall serve without pay. (B) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Quorum \n3 members of the Advisory Board shall constitute a quorum. (7) Chair \nThe Chair shall be designated by the Secretary of Energy at the time of the appointment. (8) Meetings \nThe Commission shall meet at least once annually at the call of the Chair. (d) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Advisory Board.", "id": "HA7C888170D124BB085DB654000EDF598", "header": "International Energy Advisory Board" }, { "text": "5. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $30,000,000 for fiscal year 2005 and each succeeding fiscal year.", "id": "HEED0E80ECB9647D4BD6760A472A73E04", "header": "Authorization of appropriations" } ]

[ { "text": "1. Treatment of internment of remains in an American Battle Monuments Commission cemetery as unavailable for the purposes of placement of memorial markers in national cemeteries \nParagraph (3) of section 2306(b) of title 38, United States Code, is amended— (1) by striking or at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (E) are interred in an American Battle Monuments Commission cemetery..", "id": "H5165B1C4961444D99668A46F89902DAF", "header": "Treatment of internment of remains in an American Battle Monuments Commission cemetery as unavailable for the purposes of placement of memorial markers in national cemeteries" } ]

[ { "text": "1. Clarification of treatment of self-employment for purposes of the limitation on State taxation of retirement income \n(a) In general \nSection 114(b)(1)(I) of title 4, United States Code, is amended by inserting including such a plan, program, or arrangement for a self-employed individual, after section 3121(v)(2)(C) of such Code,. (b) Application \nThe amendment made by this section applies to amounts received after December 31, 1995.", "id": "H61D9817DCF584AA98810DB05B05BA700", "header": "Clarification of treatment of self-employment for purposes of the limitation on State taxation of retirement income" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Play Fair at the Olympics Act.", "id": "H552E388C476347BA9B679124F02788EA", "header": "Short title" }, { "text": "2. Labor standards and observance \n(a) Labor standards and observance \nSubchapter I of chapter 2205 of title 36, United States Code, is amended by adding at the end the following new section: 220513. Labor standards and observance \nThe corporation shall— (1) require, as a condition of a licensing agreement, that a company licensed by the corporation, including a subcontractor or supplier of such company— (A) observe internationally recognized worker rights; and (B) submit to arbitration for the resolution of an allegation of a violation of such rights that is alleged to have occurred in such company, or in a subcontractor or supplier of such company; (2) include the following language in licensing agreements with companies to which the corporation is a party: The licensee agrees not to take any action to prevent employees of the licensee from exercising their internationally recognized worker rights or to interfere with, coerce, or restrain employees in the exercise of such rights. The licensee further agrees to observe applicable domestic laws and International Labor Organization declarations and conventions relating to internationally recognized worker rights, including rights relating to the freedom of association and to collective bargaining, a minimum age for employment of children, minimum wages and maximum hours of work, occupational health and safety standards, and prohibitions against forced labor and workplace discrimination. The licensee further agrees to submit to arbitration for the resolution of an allegation of a violation of internationally recognized worker rights that is alleged to have occurred in such licensee. For purposes of this licensing agreement, the term licensee includes a subcontractor or supplier of the licensee. ; (3) publish quarterly the names of all companies, including subcontractors and suppliers of such companies, that produce goods pursuant to licensing agreements with the corporation; (4) establish a fund to which one percent of all fees earned pursuant to licensing agreements with companies to which the corporation is a party shall be contributed for the creation and maintenance of an independent body to expeditiously investigate and, if necessary, to expeditiously arbitrate, allegations of violations of internationally recognized worker rights that are alleged to have occurred in such companies, or in subcontractors or suppliers of such companies; and (5) cancel a licensing agreement with a company if such company, or a subcontractor or supplier of such company, violates an arbitration ruling made pursuant to paragraph (4) against such company, or against a subcontractor or supplier of such company, relating to a violation of internationally recognized worker rights.. (b) Definitions \nSection 220501(b) of such title is amended— (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9) respectively; and (2) by inserting after paragraph (5) the following new paragraph: (6) internationally recognized worker rights means the rights of workers specified in International Labor Organization declarations and conventions, including the Declaration on Fundamental Principles and Rights at Work, including— (A) the freedom of association and the right to collective bargaining; (B) the elimination of forced and compulsory labor; (C) the abolition of child labor; (D) the elimination of discrimination in the workplace; and (E) the establishment of and adherence to— (i) a minimum age for employment of children; (ii) minimum wages and maximum hours of work; and (iii) occupational health and safety standards.. (c) Effective date \nThe amendment made by this section shall apply to licensing agreements with companies that are entered into by the United States Olympic Committee on or after the date that is 30 days after the date of the enactment of this Act. (d) Clerical amendment to table of sections \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 220513. Labor standards and observance.", "id": "HA10758CF42B3436ABD44B561998D3258", "header": "Labor standards and observance" }, { "text": "220513. Labor standards and observance \nThe corporation shall— (1) require, as a condition of a licensing agreement, that a company licensed by the corporation, including a subcontractor or supplier of such company— (A) observe internationally recognized worker rights; and (B) submit to arbitration for the resolution of an allegation of a violation of such rights that is alleged to have occurred in such company, or in a subcontractor or supplier of such company; (2) include the following language in licensing agreements with companies to which the corporation is a party: The licensee agrees not to take any action to prevent employees of the licensee from exercising their internationally recognized worker rights or to interfere with, coerce, or restrain employees in the exercise of such rights. The licensee further agrees to observe applicable domestic laws and International Labor Organization declarations and conventions relating to internationally recognized worker rights, including rights relating to the freedom of association and to collective bargaining, a minimum age for employment of children, minimum wages and maximum hours of work, occupational health and safety standards, and prohibitions against forced labor and workplace discrimination. The licensee further agrees to submit to arbitration for the resolution of an allegation of a violation of internationally recognized worker rights that is alleged to have occurred in such licensee. For purposes of this licensing agreement, the term licensee includes a subcontractor or supplier of the licensee. ; (3) publish quarterly the names of all companies, including subcontractors and suppliers of such companies, that produce goods pursuant to licensing agreements with the corporation; (4) establish a fund to which one percent of all fees earned pursuant to licensing agreements with companies to which the corporation is a party shall be contributed for the creation and maintenance of an independent body to expeditiously investigate and, if necessary, to expeditiously arbitrate, allegations of violations of internationally recognized worker rights that are alleged to have occurred in such companies, or in subcontractors or suppliers of such companies; and (5) cancel a licensing agreement with a company if such company, or a subcontractor or supplier of such company, violates an arbitration ruling made pursuant to paragraph (4) against such company, or against a subcontractor or supplier of such company, relating to a violation of internationally recognized worker rights.", "id": "HABCD43CC0CA9465284DDD4004990C8FD", "header": "Labor standards and observance" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Disaster Area Health and Environmental Monitoring Act of 2004.", "id": "H3F890AC730A54F88A1FCEACBA639739", "header": "Short title" }, { "text": "2. Protection of health and safety of individuals in a disaster area \nTitle IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 ( 42 U.S.C. 5174 ) the following: 409. Protection of health and safety of individuals in a disaster area \n(a) Definitions \nIn this section: (1) Individual \nThe term individual includes— (A) a worker or volunteer who responds to a disaster, including— (i) a police officer; (ii) a firefighter; (iii) an emergency medical technician; (iv) any participating member of an urban search and rescue team; and (v) any other relief or rescue worker or volunteer that the President determines to be appropriate; (B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; (C) a person whose place of residence is in a disaster area; (D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and (E) any other person that the President determines to be appropriate. (2) Program \nThe term program means a program described in subsection (b) that is carried out for a disaster area. (3) Substance of concern \nThe term substance of concern means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. (b) Program \n(1) In general \nIf the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that— (A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; (B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for— (i) any short- and long-term health impacts of any substance of concern; and (ii) any mental health impacts; (C) the individuals receive health care referrals as needed and appropriate; and (D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. (2) Activities \nA program under paragraph (1) may include such activities as— (A) collecting and analyzing environmental exposure data; (B) developing and disseminating information and educational materials; (C) performing baseline and followup clinical health and mental health examinations and taking biological samples; (D) establishing and maintaining an exposure registry; (E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. (3) Timing \nTo the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. (4) Participation in registries and studies \n(A) In general \nParticipation in any registry or study that is part of a program under paragraph (1) shall be voluntary. (B) Protection of privacy \nThe President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). (5) Cooperative agreements \n(A) In general \nThe President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. (B) Selection criteria \nTo the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that— (i) is located near— (I) the disaster area with respect to which the program is carried out; and (II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and (ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (II) conducting long-term health monitoring and epidemiological studies; (III) conducting long-term mental health studies; and (IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (6) Involvement \n(A) In general \nIn establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of— (i) Federal, State, and local government agencies; (ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; (iii) local residents, businesses, and schools (including parents and teachers); (iv) health care providers; and (v) other organizations and persons. (B) Committees \nInvolvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. (7) Privacy \nThe President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ). (c) Reports \nNot later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program..", "id": "H32E9B634DD374269ACDA241CE8476454", "header": "Protection of health and safety of individuals in a disaster area" }, { "text": "409. Protection of health and safety of individuals in a disaster area \n(a) Definitions \nIn this section: (1) Individual \nThe term individual includes— (A) a worker or volunteer who responds to a disaster, including— (i) a police officer; (ii) a firefighter; (iii) an emergency medical technician; (iv) any participating member of an urban search and rescue team; and (v) any other relief or rescue worker or volunteer that the President determines to be appropriate; (B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; (C) a person whose place of residence is in a disaster area; (D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and (E) any other person that the President determines to be appropriate. (2) Program \nThe term program means a program described in subsection (b) that is carried out for a disaster area. (3) Substance of concern \nThe term substance of concern means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. (b) Program \n(1) In general \nIf the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that— (A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; (B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for— (i) any short- and long-term health impacts of any substance of concern; and (ii) any mental health impacts; (C) the individuals receive health care referrals as needed and appropriate; and (D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. (2) Activities \nA program under paragraph (1) may include such activities as— (A) collecting and analyzing environmental exposure data; (B) developing and disseminating information and educational materials; (C) performing baseline and followup clinical health and mental health examinations and taking biological samples; (D) establishing and maintaining an exposure registry; (E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. (3) Timing \nTo the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. (4) Participation in registries and studies \n(A) In general \nParticipation in any registry or study that is part of a program under paragraph (1) shall be voluntary. (B) Protection of privacy \nThe President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). (5) Cooperative agreements \n(A) In general \nThe President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. (B) Selection criteria \nTo the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that— (i) is located near— (I) the disaster area with respect to which the program is carried out; and (II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and (ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (II) conducting long-term health monitoring and epidemiological studies; (III) conducting long-term mental health studies; and (IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (6) Involvement \n(A) In general \nIn establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of— (i) Federal, State, and local government agencies; (ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; (iii) local residents, businesses, and schools (including parents and teachers); (iv) health care providers; and (v) other organizations and persons. (B) Committees \nInvolvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. (7) Privacy \nThe President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ). (c) Reports \nNot later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.", "id": "H6CD1669F1E3B4B12B7CD506402E0FC84", "header": "Protection of health and safety of individuals in a disaster area" }, { "text": "3. National Academy of Sciences report on disaster area health and environmental protection and monitoring \n(a) In general \nThe Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise \nThe report under subsection (a) shall be prepared with the participation of individuals who have expertise in— (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; and (15) public health and family services. (c) Contents \nThe report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding— (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including— (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to— (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for— (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H8516BDB99C6D45478E5E2FA9EF7B8388", "header": "National Academy of Sciences report on disaster area health and environmental protection and monitoring" }, { "text": "4. Predisaster hazard mitigation \nSection 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(m) ) is amended by striking December 31, 2003 and inserting September 30, 2006.", "id": "H6DFF0731082844D092561EB7AF15EA9F", "header": "Predisaster hazard mitigation" } ]

[ { "text": "1. Community service requirement \n(a) Community service requirement \nSection 12(c)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437j(c)(2) ) is amended— (1) in subparagraph (A) by striking 62 and inserting 60 ; (2) at the end of subparagraph (D) by striking or ; (3) at the end of subparagraph (E) by striking the period and inserting a semicolon; and (4) by adding after subparagraph (E) the following new subparagraphs: (F) is in her third trimester of pregnancy; (G) is a parent or guardian of a child under the age of 5 and resides with the child; (H) has reported being the victim of domestic violence (as such term is defined in section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 )) to a local law enforcement agency on at least one occasion during the previous 12 months and such agency has not found that the individual’s report is without merit; (I) is unemployed and resides with a child under the age of 14 and the individual’s spouse, who is employed full-time; (J) provides more than 20 hours per week of unpaid childcare to a child with respect to whom the individual is not a parent or guardian; or (K) is eligible to receive food stamps pursuant to the Food Stamp Act of 1977 ( 7 U.S.C. 2011 et seq. )..", "id": "HD8FEE949404C4CFF8CB562B0A624D1FD", "header": "Community service requirement" } ]

[ { "text": "1. Sergeant First Class Paul Ray Smith Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 4737 Mile Stretch Drive in Holiday, Florida, shall be known and designated as the Sergeant First Class Paul Ray Smith Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant First Class Paul Ray Smith Post Office Building.", "id": "H5CA6B6B7CC8B489EB7212D9FF1B6B3F0", "header": "Sergeant First Class Paul Ray Smith Post Office Building" } ]

[ { "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 I—Statutory license for satellite carriers Sec. 101. Extension of authority Sec. 102. Reporting of subscribers; significantly viewed and other signals; technical amendments Sec. 103. Statutory license for satellite carriers outside local markets Sec. 104. Study Sec. 105. Effect on certain proceedings", "id": "H9F4ECBE4052248D0AB3CD158FFF621B9", "header": "Short title; table of contents" }, { "text": "101. Extension of authority \n(a) In general \nSection 4(a) of the Satellite Home Viewer Act of 1994 ( 17 U.S.C. 119 note; Public Law 103–369 ; 108 Stat. 3481) is amended by striking December 31, 2004 and inserting December 31, 2009. (b) Extension for certain subscribers \nSection 119(e) of title 17, United States Code, is amended by striking December 31, 2004 and inserting December 31, 2009.", "id": "H8CC164DB62CF49609763DC473D9DCD88", "header": "Extension of authority" }, { "text": "102. Reporting of subscribers; significantly viewed and other signals; technical amendments \nSection 119(a) of title 17, United States Code, is amended— (1) in paragraph (1)— (A) in the paragraph heading, by striking and pbs satellite feed ; (B) in the first sentence, by striking (3), (4), and (6) and inserting (5), (6), and (8) ; (C) in the first sentence, by striking or by the Public Broadcasting Service satellite feed ; and (D) by striking the second sentence; (2) in paragraph (2)— (A) in subparagraph (A), by striking (3), (4), (5), and (6) and inserting (5), (6), (7), and (8) ; and (B) by amending subparagraph (C) to read as follows: (C) Submission of subscriber lists to networks \n(i) Initial lists \nA satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station— (I) a list identifying (by name and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission to subscribers in unserved households; and (II) a separate list, aggregated by designated market area (as defined in section 122(j)) (by name and street address, including county and zip code), which shall indicate those subscribers being served pursuant to subsection (a)(3), relating to significantly viewed stations. (ii) Monthly lists \nAfter the submission of the initial lists under clause (i), on the 15th of each month, the satellite carrier shall submit to the network— (I) a list identifying (by name and street address, including county and zip code) any persons who have been added or dropped as subscribers under clause (i)(I) since the last submission under clause (i); and (II) a separate list, aggregated by designated market area (by name and street address, including county and zip code), identifying those subscribers whose service pursuant to subsection (a)(3), relating to significantly viewed stations, has been added or dropped. (iii) Use of subscriber information \nSubscriber information submitted by a satellite carrier under this subparagraph may be used only for purposes of monitoring compliance by the satellite carrier with this subsection. (iv) Applicability \nThe submission requirements of this subparagraph shall apply to a satellite carrier only if the network to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register shall maintain for public inspection a file of all such documents. ; (3) by adding at the end the following new subparagraph: (D) States with single commercial full-power network station \nIn a State in which there is licensed by the Federal Communications Commission a single full-power station that was a network station on January 1, 1995, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission by a satellite carrier of the signal of that station to any subscriber in a community that is located within that State and that is not within the first 50 major television markets as listed in the regulations of the Commission as in effect on such date (47 CFR 76.51). ; (4) by striking paragraph (8); (5) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively; (6) by redesignating paragraphs (3) through (7) as paragraphs (5) through (9), respectively; (7) by inserting after paragraph (2) the following: (3) Secondary transmissions of significantly viewed signals \n(A) In general \nNotwithstanding the provisions of paragraph (2)(B), and subject to subparagraph (B) of this paragraph, the statutory license provided for in paragraphs (1) and (2) shall apply to the secondary transmission of the signal of a network station or a superstation to a subscriber who resides outside the station’s local market (as defined in section 122(j)) but within a community in which the signal of that station is determined to be significantly viewed under section 340 of the Communications Act of 1934. (B) Limitation \nSubparagraph (A) shall apply only to secondary transmissions of network stations and superstations to subscribers who receive secondary transmissions from a satellite carrier pursuant to the statutory license under section 122. ; and (8) in paragraph (2)(B)(i), by adding at the end the following new sentence: The limitation in this clause shall not apply to secondary transmissions under paragraph (3)..", "id": "H41F713844A934F2299E3CBFDF5AC96A7", "header": "Reporting of subscribers; significantly viewed and other signals; technical amendments" }, { "text": "103. Statutory license for satellite carriers outside local markets \nSection 119 of title 17, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after paragraph (3), as added by section 102 of this Act, the following: (4) Statutory License where retransmissions into local market available \n(A) Rules for subscribers under subsection (e) \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 subsection (e) (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 by that satellite carrier to the subscriber pursuant to the statutory license under section 122, the statutory license under paragraph (2) shall apply only to secondary transmissions by that satellite carrier 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) 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 statutory license under paragraph (2) shall not apply to any subscriber who is eligible to receive the signal of a network station solely by reason of subsection (e) unless 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 a list, aggregated by designated market area (as defined in section 122(j)(2)(C)), that— (I) identifies that subscriber by name and address (street or RFD number, city, State, and zip code) and specifies the distant signals received by the subscriber; and (II) states, to the best of the satellite carrier’s knowledge and belief, after having made diligent and good faith inquiries, that the subscriber is eligible under subsection (e) to receive the distant signals. (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 paragraph (2) (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 by that satellite carrier, on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , to the subscriber pursuant to the statutory license under section 122, the statutory license under paragraph (2) shall apply only to secondary transmissions by that satellite carrier 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 such date of enactment, submits to that television network a list, aggregated by designated market area (as defined in section 122(j)(2)(C)), that identifies that subscriber by name and address (street or RFD number, city, State, and zip code) and specifies the distant signals received by the subscriber; 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 by that satellite carrier, on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , to a subscriber pursuant to the statutory license under section 122, the statutory license under paragraph (2) shall apply only to secondary transmissions by that satellite carrier of the distant signal of such network station to any person— (I) who is 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 available, but only until such time as the subscriber elects to receive the local signal from that satellite carrier. (C) Future applicability \nThe statutory license under paragraph (2) shall not apply to secondary transmissions by a satellite carrier of a primary transmission of a network station to a subscriber in a location to which the signal of a local network station affiliated with the same television network was made available by that satellite carrier, before that person became a subscriber to that satellite carrier, pursuant to the statutory license under section 122. (D) Nullification of existing waivers \nIn the case of any subscriber to whom subparagraph (B)(i)(II) or (B)(ii) applies, at such time as the subscriber elects to receive the local signal of a network station, any waiver by that network station under section 339(c)(2) of the Communications Act of 1934 shall cease to be effective with respect to that subscriber. (E) Other provisions not affected \nThis paragraph shall not affect the applicability of the statutory license to secondary transmissions under paragraph (3) or to unserved households included under subsection (a)(12).. (2) Subsection (b)(1) is amended by striking subparagraph (B) and inserting the following: (B) a royalty fee for that 6-month period, computed by multiplying the total number of subscribers receiving each secondary transmission of each superstation or network station during each calendar month by the appropriate rate in effect under this section.. (3) Subsection (b)(1) is further amended by adding at the end the following flush sentence: Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber who resides outside the station’s local market (as defined in section 122(j)(2)) but within a community in which the signal of that station is determined to be significantly viewed under section 340 of the Communications Act of 1934.. (4) Subsection (c) is amended— (A) by amending paragraph (1) to read as follows: (1) Applicability and determination of royalty fees \nThe appropriate rate for purposes of determining the royalty fee under subsection (b)(1)(B) shall be the appropriate rate set forth in part 258 of title 37, Code of Federal Regulations, as in effect on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 , as modified under this subsection. ; (B) by striking paragraph (2); (C) in paragraph (3)— (i) by redesignating that paragraph as paragraph (2); (ii) in subparagraph (A)— (I) by striking January 1, 1997, and inserting January 1, 2005, ; and (II) by striking who are not parties to a voluntary agreement filed with the Copyright Office in accordance with paragraph (2) ; (iii) in subparagraph (C), by striking as provided and all that follows through later and inserting January 1, 2006 ; and (iv) by striking subparagraph (D); and (D) by striking paragraphs (4) and (5) and inserting the following: (3) Cost of living adjustment \nThe royalty rates set forth in subsection (b)(1)(B), as adjusted under paragraph (2) of this subsection, shall be adjusted by the Librarian of Congress— (A) on January 1, 2005, to reflect any changes occurring during the period beginning on January 1, 2000, and ending on November 30, 2004, in the cost of living as determined by the most recent Consumer Price Index (for all consumers and items) published by the Secretary of Labor during that period; and (B) on January 1, 2007, and on January 1 of each year thereafter, to reflect any changes occurring during the preceding 12 months in the cost of living as determined by the most recent Consumer Price Index so published. (4) Reductions \nThe rate of the royalty fee determined under paragraph (2)— (A) for superstations shall be reduced by 30 percent; and (B) for network stations shall be reduced by 45 percent.. (5) Subsection (d) is amended— (A) by amending paragraph (9) to read as follows: (9) Superstation \nThe term superstation means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier. ; (B) in paragraph (10)(D), by striking (a)(11) and inserting (a)(12) ; and (C) by striking paragraph (12).", "id": "HB62CCB6CE78F4209AFAC7EA53E8FB682", "header": "Statutory license for satellite carriers outside local markets" }, { "text": "104. Study \nNo later than June 30, 2008, the Register of Copyrights shall report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Register’s findings and recommendations on the operation and revision of the statutory licenses under sections 111, 119, and 122 of title 17, United States Code. The report should include, but not be limited to, the following: (1) A comparison of the royalties paid by licensees under such sections, including historical rates of increases in these royalties, a comparison between the royalties under each such section and the prices paid in the marketplace for comparable programming. (2) An analysis of the differences in the terms and conditions of the licenses under such sections, an analysis of whether these differences are required or justified by historical, technological, or regulatory differences that affect the satellite and cable industries, and an analysis of whether either the cable or satellite industry is placed in a competitive disadvantage due to these terms and conditions. (3) An analysis of whether the licenses under such sections are still justified by the bases upon which they were originally created. (4) An analysis of the correlation, if any, between the royalties, or lack thereof, under such sections and the fees charged to cable and satellite subscribers, addressing whether cable and satellite companies have passed to subscribers any savings realized as a result of the royalty structure and amounts under such sections.", "id": "HFF54501154E4490D945109AA8D9A77C", "header": "Study" }, { "text": "105. Effect on certain proceedings \nNothing in this Act shall modify any remedy imposed on a party that is required by a final judgment of a court in any action that was brought before May 1, 2004, against that party for a violation of section 119 of title 17, United States Code.", "id": "H87BF69AC9AA04CEB00005276D3D3F76E", "header": "Effect on certain proceedings" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Nanomanufacturing Investment Act of 2004.", "id": "H045E7EE3ED55438E8F3FA92E003436BD", "header": "Short title" }, { "text": "2. Nanomanufacturing Investment Partnership \n(a) Establishment \nIf $250,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors. (b) Purpose \nThe Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies. (c) Funding mechanisms \nThe Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies. (d) Return on investment \n(1) Requirement \nEach transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership. (2) Distribution \nAmounts received by the Nanomanufacturing Investment Partnership pursuant to paragraph (1) shall be distributed as follows: (A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership. (B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors. (e) Cost sharing \nEach applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project. (f) Peer review \nEach application for funding assistance for a project from the Nanomanufacturing Investment Partnership shall be peer reviewed. (g) Administration \nThe Secretary of Commerce, based on guidance from the Advisory Board established under section 3 and on the results of peer review under subsection (f), shall make awards of funding under this Act. (h) Progress reports \nThe Nanomanufacturing Investment Partnership shall require periodic project progress reports from recipients of funding under this Act.", "id": "H59F85E0402044A0AB632D69C24346FE4", "header": "Nanomanufacturing Investment Partnership" }, { "text": "3. Advisory board \n(a) Establishment \nThe Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this Act, including by establishing requirements for progress reports under section 2(h). The Advisory Board shall consist of— (1) representatives of each investor providing more than $10,000,000 to the Nanomanufacturing Investment Partnership, whose votes shall— (A) be distributed proportional to the size of their investment in the Nanomanufacturing Investment Partnership; and (B) collectively amount to 40 percent of the votes on the Advisory Board; and (2) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board. (b) Terms \nMembers of the Advisory Board appointed under subsection (a)(2) shall be appointed for 3 year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board.", "id": "H4188E8FB950243989BBE5D16D3F1190", "header": "Advisory board" }, { "text": "4. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for the Nanomanufacturing Investment Partnership $750,000,000, to remain available until expended.", "id": "HE364DA82617E4D00BED2E9CF2D8DA775", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Disaster Assistance Act of 2004.", "id": "H7D8DB32D5C3741EDA02BB1C9C1BBA1D", "header": "Short title" }, { "text": "2. Assistance for disasters affecting 100 homes or fewer \n(a) In general \nTitle IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following new section: 425. Assistance for disasters affecting 100 homes or fewer \n(a) In general \nSubject to subsection (c), in the case of an event that results in major damage to or destruction of 100 homes or fewer, the President may grant the request of the Governor of the affected State for a declaration that a major disaster exists under section 401, notwithstanding the limited severity and magnitude of the event, if the President determines that Federal assistance under this title is necessary due to the existence of 1 or more factors listed in subsection (b). (b) Factors \nIn determining whether to grant the request of the Governor of the affected State under subsection (a), the President shall consider whether the following factors exist in the immediate area of the event: (1) A large population of historically and economically disadvantaged individuals. (2) A median family income level below the national, State, or local average. (3) High unemployment. (4) A large population of uninsured homeowners or renters. (5) A large elderly population. (6) A high concentration of damage. (7) A high level of trauma, including injuries, deaths, disruption of community services, and emergency needs. (c) Limitations on relief \n(1) In general \nSubject to paragraph (2), total assistance provided under this title for a major disaster declared under subsection (a) shall not exceed— (A) $1,000,000 if the disaster results in major damage to or destruction of between 1 and 50 homes; or (B) $2,000,000 if the disaster results in major damage to or destruction of between 51 and 100 homes. (2) Limitation \nTotal assistance provided under this title for a major disaster declared under subsection (a) may exceed the limitation in paragraph (1) if the President determines that— (A) continued disaster assistance is immediately required; (B) there is a continuing and immediate risk to lives, property, public health, or safety; or (C) necessary assistance will not otherwise be provided on a timely basis.. (b) Effective date \nThe amendment made by subsection (a) shall apply to all disasters occurring on or after August 1, 2003.", "id": "H82EB8D26FC4C414CB4B2A5CC68B211AF", "header": "Assistance for disasters affecting 100 homes or fewer" }, { "text": "425. Assistance for disasters affecting 100 homes or fewer \n(a) In general \nSubject to subsection (c), in the case of an event that results in major damage to or destruction of 100 homes or fewer, the President may grant the request of the Governor of the affected State for a declaration that a major disaster exists under section 401, notwithstanding the limited severity and magnitude of the event, if the President determines that Federal assistance under this title is necessary due to the existence of 1 or more factors listed in subsection (b). (b) Factors \nIn determining whether to grant the request of the Governor of the affected State under subsection (a), the President shall consider whether the following factors exist in the immediate area of the event: (1) A large population of historically and economically disadvantaged individuals. (2) A median family income level below the national, State, or local average. (3) High unemployment. (4) A large population of uninsured homeowners or renters. (5) A large elderly population. (6) A high concentration of damage. (7) A high level of trauma, including injuries, deaths, disruption of community services, and emergency needs. (c) Limitations on relief \n(1) In general \nSubject to paragraph (2), total assistance provided under this title for a major disaster declared under subsection (a) shall not exceed— (A) $1,000,000 if the disaster results in major damage to or destruction of between 1 and 50 homes; or (B) $2,000,000 if the disaster results in major damage to or destruction of between 51 and 100 homes. (2) Limitation \nTotal assistance provided under this title for a major disaster declared under subsection (a) may exceed the limitation in paragraph (1) if the President determines that— (A) continued disaster assistance is immediately required; (B) there is a continuing and immediate risk to lives, property, public health, or safety; or (C) necessary assistance will not otherwise be provided on a timely basis.", "id": "HE8E3B6F5144F454E0000464CDDE5FF5C", "header": "Assistance for disasters affecting 100 homes or fewer" } ]

[ { "text": "1. City of Corona Water Utility, California, Water Recycling and Reuse Project \n(a) Authorization \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following new section: 1636. City of Corona Water Utility, California, water recycling and reuse project \n(a) Authorization \nThe Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.. (b) Clerical amendment \nThe table of sections in section 2 of such Act is amended by inserting after the item relating to section 1635 the following: Sec. 1636. City of Corona Water Utility, California, water recycling and reuse project.", "id": "H84AF77E2CB164D2686C63932F0CABE1F", "header": "City of Corona Water Utility, California, Water Recycling and Reuse Project" }, { "text": "1636. City of Corona Water Utility, California, water recycling and reuse project \n(a) Authorization \nThe Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.", "id": "HCEDCABA4C98545BB85DAAD2E88A686DC", "header": "City of Corona Water Utility, California, water recycling and reuse project" } ]

[ { "text": "1. Binding Arbitration for Salt River Pima-Maricopa Indian Reservation Contracts \n(a) In General \nSection 2(c) of the Act of November 2, 1966 ( 25 U.S.C. 416a(c) ), is amended— (1) in the first sentence— (A) by striking Any lease and all that follows through affecting land and inserting Any contract, including a lease, affecting land ; and (B) by striking such lease or contract and inserting such contract ; and (2) in the second sentence, by striking Such leases or contracts entered into pursuant to such Acts and inserting Such contracts. (b) Effective Date \nThe amendments made by this section shall take effect as if included in the Indian Tribal Economic Development and Contract Encouragement Act of 2000 ( Public Law 106–179 ).", "id": "HE806BD1D55B94F27A5A001D820D3CCE", "header": "Binding Arbitration for Salt River Pima-Maricopa Indian Reservation Contracts" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Great Cats and Rare Canids Act of 2004.", "id": "H61C9FD7828A84B46B566990052005C1B", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Many wild populations of felids and canids, once considered common, are in decline, and many have declined to the point that their long-term survival in the wild is in serious jeopardy. (2) Of the 37 wild felid species worldwide, all are currently recognized as species in need of protection under the IUCN Red List, the lists of species in CITES appendices I, II, and III, or the Endangered Species Act of 1973. Of the 35 wild canid species worldwide, nearly 50 percent are recognized as in need of such protection. (3) In addition to their intrinsic value, felids and canids are important aesthetic, economic, and ecological global resources that need to be conserved. (4) Large felids and canids are considered both umbrella and indicator species. Healthy populations of these species act as an important indicator of the integrity of entire ecosystems and, because they require large wild spaces to persist, benefit entire ecosystems and a large number of other species. Measures taken to benefit these keystone species will ultimately benefit a great number of other species. (5) Rare felids and rare canids face an array of threats, including loss of habitat and natural prey, intentional and unintentional takings by humans, disease transmission, and a vast number of other threats. These threats need to be addressed in a coordinated fashion. (6) Conservation of rare felid and rare canid populations requires global commitment. Adequate funding for conservation is sorely lacking, and many range countries for those species do not have adequate infrastructure to protect species of concern. Those countries that do provide assistance to threatened populations need further assistance in implementing effective conservation strategies. (7) In particular, in developing nations with limited resources, poverty, population growth, and habitat loss all present significant challenges to conservation of rare felids and rare canids. (8) Although some protections and initiatives exist to conserve rare felid and rare canid populations and their habitat, those efforts can be significantly strengthened and enhanced by increased coordination and the infusion of targeted funding to benefit species of concern.", "id": "HD15F7A8FF214422B91F25F83FB124C9E", "header": "Findings" }, { "text": "3. Purposes \nThe purposes of this Act are to provide financial resources and to foster international cooperation— (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide.", "id": "H90A3BADF958644178F75ABCA3D4FD354", "header": "Purposes" }, { "text": "4. Definitions \nIn this Act: (1) CITES \nThe term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation \nThe term conservation — (A) means the methods and procedures necessary to bring a species of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species; (B) includes all activities associated with protection and management of a rare felid or rare canid population, including— (i) maintenance, management, protection, and restoration of rare felid or rare canid habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations and other institutions to implement conservation programs. (3) Fund \nThe term Fund means the Great Cats and Rare Canids Conservation Fund established by section 6. (4) IUCN Red List \nThe term IUCN Red List means the Red List of Threatened Species Maintained by the World Conservation Union. (5) Rare canid \nThe term rare canid — (A) means any canid species, subspecies, or population that— (i) is not native to the area comprised of the United States and Canada; and (ii) is included in the IUCN Red List, Appendix I, II, or III of CITES, or any list published under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(c) ); and (B) includes such a subspecies or population of dhole (Cuon alpinus), gray wolf (Canis lupus), ethiopian wolf (Canis simensis), african wild dog (Lycaon pictus), or maned wolf (Chrysocyon brachyurus). (6) Rare felid \nThe term rare felid — (A) subject to subparagraph (C), means any felid species, subspecies, or population that— (i) is not native to the area comprised of the United States and Canada; and (ii) is included in the IUCN Red List, Appendix I, II, or III of CITES, or any list published under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(c) ); (B) includes such a subspecies or population of lion (Panthera leo), leopard (Panthera pardus), jaguar (Panthera onca), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), cheetah (Acinonyx jubatus), or iberian lynx (Lynx pardina); and (C) does not include any tiger (Panthera tigris). (7) Secretary \nThe term Secretary refers to the Secretary of the Interior.", "id": "H18491BB306DC403897201F74D4D08ED1", "header": "Definitions" }, { "text": "5. Financial assistance \n(a) In general \nSubject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section. (b) Project proposals \n(1) Eligible Applicants \nA proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by— (A) any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid species, respectively; and (B) any person or group with the demonstrated expertise required for the conservation in the wild of rare felids or rare canids, respectively. (2) Project proposals \nTo be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes— (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of— (i) methods for project implementation and outcome assessment; (ii) staffing for the project; (iii) the logistics of the project; and (iv) community involvement in the project; (E) an estimate of funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project review and approval \n(1) In general \nThe Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; Approval or disapproval \nNot later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall— (A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (B) approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country within whose borders the project will take place. (d) Criteria for approval \nThe Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts to— (1) implement conservation programs; (2) address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources; (3) enhance compliance with CITES, the Endangered Species Act of 1973, and other applicable laws that prohibit or regulate the taking or trade of rare felids and rare canids or regulate the use and management of rare felid and rare canid habitat; (4) develop sound scientific information on, or methods for monitoring— (A) the condition and health of rare felid or rare canid habitat; (B) rare felid or rare canid population numbers and trends; and (C) the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data; (5) promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or (6) funds will not be appropriated for the purchase or lease of lands to be used as suitable habitat for felids or canids. (e) Project sustainability \nIn approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats. (f) Matching funds \nIn determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which there exists some measure of matching funds. (g) Project reporting \n(1) In general \nEach person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public \nReports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on use for captive breeding or display \nAmounts provided as a grant under this Act— (1) may not be used for captive breeding or display of rare felids and rare canids other than captive breeding for release into the wild; and (2) may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically feasible. (i) Limitation on assistance for certain species \nOf amounts available for a fiscal year for providing financial assistance under this section, the Secretary may not use more than 25 percent to provide assistance for projects that target rare canid and rare felid species that are not listed in paragraph (5)(B) or (6)(B), respectively, of section 4. (j) Advisory group \n(1) In general \nTo assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of felids and canids. (2) Public participation \n(A) Meetings \nThe advisory group shall— (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice \nThe Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. (C) Minutes \nMinutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.", "id": "H435B54C02C8C4BADAF6D5D86E8A79C86", "header": "Financial assistance" }, { "text": "6. Great Cats and Rare Canids Conservation Fund \n(a) Establishment \nThere is established, in the Multinational Species Conservation Fund established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 under the heading MULTINATIONAL SPECIES CONSERVATION FUND , a separate account to be known as the Great Cats and Rare Canids Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into such account under subsection (e); (2) amounts appropriated to such account under section 7; and (3) any interest earned on investment of amounts in the account under subsection (c). (b) Expenditures from fund \n(1) In general \nSubject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses \nOf the amounts in the Fund available for each fiscal year, the Secretary may expend not more than three percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of amounts \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations \nFor the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund \nThe interest on, and the proceeds from the sale or redemption of any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts \n(1) In general \nThe amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments \nProper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations \nThe Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund.", "id": "H6780277B67F24A66BFA0903D686100EA", "header": "Great Cats and Rare Canids Conservation Fund" }, { "text": "7. Authorization or Appropriations \nThere are authorized to be appropriated to the Fund $5,000,000 for each fiscal years 2005 through 2009 to carry out this Act.", "id": "HCE4F671C967146C7BB35E9C954B37C9E", "header": "Authorization or Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Higher Education Sustainability Act of 2004.", "id": "HEF1A30522BC74013B252009B00DC75C8", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nThe Congress finds the following: (1) Progress on sustainable development requires the simultaneous achievement of a well functioning environmental system, economic viability that creates new jobs and livable communities that provide access to all for participation in their governance. (2) The Nation has improved some challenging environmental conditions through application of best technologies, but serious problems persist that require new science, technologies, and innovative policy approaches that are flexible, and use market mechanisms, and engage relevant stakeholders from the private and public sectors. (3) Achieving long-term economic prosperity requires opportunities for employment and the maintenance of a healthy environment for the workers. (4) The Nation’s institutions of higher education have a unique role to play in fostering new knowledge, evaluating policies, and discovering new technologies to address the persistent and often linked environmental, social and economic problems that exist. (5) The Nation’s higher education institutions are places where approaches that integrate the environmental, social and economic dimensions can be designed, tested, and refined for application to real world settings in collaboration with industry, government and the nonprofit sector. (6) The Nation's higher education institutions are uniquely positioned to prepare the future labor force for successful careers in the private and public sectors that contribute to economic, environmental, and social sustainability. (7) The Nation’s higher education institutions are uniquely situated to be models of sustainable management and operations that can provide examples to industry and government of operational strategies that integrate the basic principles of environmental, economic, and social sustainability. (b) Purposes \nThe purposes of this Act are— (1) to provide support to faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus; (2) to promote and enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; and (3) to provide support to institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace.", "id": "H49BA84EF22F84DBD857B80A8B41B5778", "header": "Findings and purposes" }, { "text": "3. Establishment of program \nTitle VII of the Higher Education Act of 1965 is amended by adding at the end the following new part: E University Sustainability Centers \n771. Program authorized \n(a) In general \nThe Secretary shall make grants to eligible entities to establish sustainability centers to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. (b) Period of grant \nThe provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. (c) Definition of eligible entities \nFor purposes of this part, the term eligible entity means a comprehensive college or university that grants 4-year undergraduate degrees and masters and doctoral degrees. 772. Applications \n(a) In general \nTo receive a grant under section 771(a) , an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. (b) Assurances \nSuch application shall include assurances that the eligible entity— (1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773 ; (2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; (3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a) , non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773 ; and (4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan. 773. Use of funds \nGrants made under section 771 may be used by an eligible entity only for establishing a sustainability program— (1) to develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability; (2) to establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability; (3) to support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements; (4) to establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability; and (5) to support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices. 774. Reports \nAn eligible entity that receives a grant under section section 771(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 773 , research findings and publications, administrative savings experienced, and an evaluation of the program. 775. Allocation requirement \nThe Secretary may not make grants under section 771(a) to any eligible entity in an amount totaling more than 10 percent appropriated under section 776. 776. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to carry out section 771(a) $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended..", "id": "H1C554074190C426090E9E594DC52AA98", "header": "Establishment of program" }, { "text": "771. Program authorized \n(a) In general \nThe Secretary shall make grants to eligible entities to establish sustainability centers to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. (b) Period of grant \nThe provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. (c) Definition of eligible entities \nFor purposes of this part, the term eligible entity means a comprehensive college or university that grants 4-year undergraduate degrees and masters and doctoral degrees.", "id": "HA1589C88092E4201ABBF009B316CA3EE", "header": "Program authorized" }, { "text": "772. Applications \n(a) In general \nTo receive a grant under section 771(a) , an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. (b) Assurances \nSuch application shall include assurances that the eligible entity— (1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773 ; (2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; (3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a) , non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773 ; and (4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan.", "id": "HA49D9D1447F4429E9BB4FE00B4779369", "header": "Applications" }, { "text": "773. Use of funds \nGrants made under section 771 may be used by an eligible entity only for establishing a sustainability program— (1) to develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability; (2) to establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability; (3) to support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements; (4) to establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability; and (5) to support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices.", "id": "H091846D0C8434DC68E3714CFACE25C92", "header": "Use of funds" }, { "text": "774. Reports \nAn eligible entity that receives a grant under section section 771(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 773 , research findings and publications, administrative savings experienced, and an evaluation of the program.", "id": "HE84536F4F1A947DE9D007F2E0358CDF6", "header": "Reports" }, { "text": "775. Allocation requirement \nThe Secretary may not make grants under section 771(a) to any eligible entity in an amount totaling more than 10 percent appropriated under section 776.", "id": "HFBEF7526E4664605A6A6E4B6A73E7950", "header": "Allocation requirement" }, { "text": "776. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to carry out section 771(a) $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended.", "id": "H9B30D4E847594E4682909C3D84AC7D8E", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the War Funding Accountability Act.", "id": "H2EB44A51C2244109B0947824EAD22932", "header": "Short title" }, { "text": "2. Reporting requirements \n(a) Initial Report \nNot later than 30 days after the date of the enactment of an Act (enacted after the date of the enactment of this Act) making appropriations for military operations in Iraq or for the reconstruction of Iraq, the President shall prepare and transmit to Congress a report that contains a detailed description of United States goals with respect to such military operations or reconstruction efforts, including— (1) a description of the purposes for which amounts will be made available under the Act; (2) a plan for the security of Iraq, including a plan to secure the passage of a United Nations Security Council resolution to establish a multinational force in Iraq; (3) a plan for the reconstruction of Iraq; (4) a plan for the establishment of a sovereign Iraqi Government; and (5) a description of United States efforts to obtain financial support for Iraq from other countries and international financial institutions. (b) Subsequent Reports \nNot later than 90 days after the date on which the initial report is transmitted under subsection (a), and every 90 days thereafter until all amounts made available under the Act described in such subsection are obligated and expended, the President shall prepare and transmit to Congress a report that contains a detailed description of programs, projects, and activities carried out using amounts available under such Act that are obligated or expended during the previous 90-day period, including— (1) a description of the specific allocation of funds to meet the purposes described in subsection (a)(1); (2) an update on progress made to achieve the goals described in paragraphs (2) through (5) of subsection (a), including— (A) a description of progress made to train the military, police, and civil defense corps of Iraq and to reform the Iraqi judicial system; (B) a description of efforts to rebuild the electric power infrastructure, water and sewage services, and telecommunications structure in Iraq; and (C) a description of efforts to repair and upgrade Iraqi hospitals, clinics, public buildings, and roadways and bridges; (3) a description of efforts to promote economic development in Iraq; (4) in the case of a contract entered into by the United States relating to military operations in Iraq or the reconstruction of Iraq, the name of the contractor and a description of the process by which the contract was awarded; (5) a description of efforts to provide adequate deployment rotation and other relief for United States troops serving Iraq, including efforts to construct improved living quarters for those United States troops; and (6) an assessment of the remaining needs with respect to military operations in Iraq and the reconstruction of Iraq, including a description of additional funding required to meet these needs, if necessary.", "id": "HD33BBDE30BCB464C825823E76EA300F3", "header": "Reporting requirements" }, { "text": "3. Limitation on availability of funds \nNotwithstanding any other provision of law, if the requirement to transmit an initial report under section 2(a) is not met, or the requirement to transmit a subsequent report under section 2(b) is not met, then amounts for the reconstruction of Iraq available under an Act described in section 2 with respect to which the report relates, or available under any other provision of law, that are unobligated or unexpended may not be obligated or expended (as the case may be) until the report is transmitted to Congress.", "id": "H740276739E6F47EBA9158BD14E86E71", "header": "Limitation on availability of funds" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in New Jersey \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in New Jersey \nNo part of the MSA is in New Jersey..", "id": "HAEBBE2F990414BE7A681B5C357FC80AF", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in New Jersey" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Military Families Bereavement Leave Act.", "id": "HF2850FF9FCE643E686E82EE76B78BAD", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) As the 21st century begins, the United States faces new and unprecedented challenges in defending itself, including the need to combat and prevent global terrorism. (2) The men and women serving as members of the Armed Forces have made and continue to make prodigious sacrifices to protect and defend the United States. (3) In addition to the sacrifices made by members of the Armed Forces, their loved ones must live without the aid and support of family members serving the United States overseas. (4) More than 830 members of the Armed Forces have lost their lives in military operations in Iraq, with over 600 of these members killed in action, and more than 100 members have lost their lives in military operations in Afghanistan, bringing extraordinary hardship to their families in the United States. (5) The immense grief felt by the families of these members who have made the ultimate sacrifice on behalf of the United States is compounded by the need of family members to miss work and other responsibilities in order to attend to burial duties, funeral services, and related family concerns, causing additional economic and personal hardship. (6) Just as those people in the United States who face the challenges of growing families or unexpected medical emergencies have benefited from the Family and Medical Leave Act of 1993, so too will military families, who continue to make brave sacrifices on behalf of the United States, gain as a result of access to the benefits of this Act. (7) More than 60 percent of public and private sector employees working in the United States work for covered employers and meet the eligibility criteria of the Family and Medical Leave Act of 1993. (8) While 140,000 members of the Armed Forces remain in Iraq, Afghanistan, and other dangerous places throughout the world, their families continue to face the possible danger of meeting their economic needs without the support of a full family and with limited assistance from outside sources.", "id": "HDE1F1E762A3D4E84BC59C4D0B41D4277", "header": "Findings" }, { "text": "3. Family and medical leave in connection with death of member of the uniformed services \nSection 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ) is amended by adding after paragraph (2) the following new paragraph: (3) Death of member of uniformed services in line of duty \n(A) In general \nAn eligible employee shall be entitled to a total of seven days of leave because of the death of a parent, spouse, son, daughter, or person for whom the employee serves as designated representative under section 1482(c) of title 10, United States Code, if the deceased died in the line of duty as a member of the uniformed services. Such leave is intended to permit the employee to prepare for or attend the burial ceremony of the deceased member of the uniformed services and may be paid or unpaid leave. (B) Treatment of Federal officers and employees as eligible employees \nFor purposes of this paragraph, the exclusion under section 101(2)(B)(i) of a Federal officer or employee as an eligible employee shall not apply..", "id": "H6C92024D986140A8B86D709D1F4425D4", "header": "Family and medical leave in connection with death of member of the uniformed services" } ]

[ { "text": "1. Secondary containment \n(a) In general \nSection 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding the following new subsection at the end: (i) Secondary containment \n(1) In general \nAny new underground storage tank system installed after the effective date of this subsection, or any existing underground storage tank system that is replaced after the effective date of this subsection, shall be secondarily contained and space between the primary and secondary containment shall be monitored for leaks if the new or replaced underground storage tank or piping is within 1,000 feet of any existing community water system or any existing potable drinking water well or other sensitive area as determined by the agency implementing the program in each State. (2) Limitations \n(A) In the case of the replacement of an existing underground storage tank that is connected to other underground storage tanks by piping, paragraph (1) shall apply only to the underground storage tank being replaced and not to such other underground storage tanks. (B) In the case of the replacement of existing underground pipes connected to an underground storage tank, paragraph (1) shall apply only to the underground pipes and not to the underground storage tanks to which the pipes are connected. (3) Effective date \nThis subsection shall take effect 18 months after the date of enactment of this subsection. (4) Definitions \nAs used in this subsection: (A) The term secondarily contained means a release detection and prevention system that meets the requirements of 40 Code of Federal Regulations section 280.43(g) and includes double-walled tanks and piping systems, dispenser liners, piping sumps, or single-walled tanks or piping systems that are contained within a liner or an impervious barrier area as set forth in 40 Code of Federal Regulations part 280. (B) The term underground storage tank has the meaning given to this term under section 9001, except as limited with respect to tank combinations and underground pipes under paragraph (2) of this subsection. (5) Promulgation of regulations or guidelines \nThe Administrator may issue regulations or guidelines implementing the requirements of paragraph (1). (6) No effect on State authority \nNothing in this subsection affects the authority of a State to establish or enforce any regulation, requirement, or standard of performance relating to secondary containment of underground storage tank systems that are more stringent than the requirements established under this subsection.. (b) Penalties \nSection 9006(d)(2) of such Act ( 42 U.S.C. 6991e(d)(2) ) is amended— (1) by striking or at the end of subparagraph (B); (2) by inserting ; or at the end of subparagraph (C); and (3) by adding the following new subparagraph after subparagraph (C): (D) the secondary containment requirements established in section 9003(i),.", "id": "H1C622AFADE8E45DC89F0631C6DE7D43C", "header": "Secondary containment" } ]

[ { "text": "1. Figure of former President Ronald Reagan on Mount Rushmore National Memorial \n(a) Authorization \nThe Secretary of the Interior, acting through the Director of the National Park Service, shall arrange for the carving of the figure of former President Ronald Reagan on Mount Rushmore National Memorial. (b) Donations \nThe Secretary of the Interior, acting through the Director of the National Park Service, shall solicit, accept, and deposit in the fund established under subsection (c) donations from non-Federal sources for carrying out this section. (c) Fund in the treasury \n(1) In general \nThere is created in the Treasury a fund which shall be available to the Secretary of the Interior, acting through the Director of the National Park Service, for carrying out this section. The fund shall consist of— (A) amounts deposited under subsection (b); (B) interest and proceeds received under paragraph (2); and (C) obligations obtained under paragraph (3). (2) Deposits and credits \nThe Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. (3) Obligations \nThe Secretary of the Treasury shall invest any portion of the fund that, as determined by the Secretary of the Interior, acting through the Director of the National Park Service, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary of the Interior, acting through the Director of the National Park Service, has a maturity suitable for the fund. (4) Abolition \nUpon the final settlement of the accounts of the fund, the Secretary of the Treasury shall submit to the Congress draft legislation (including technical and conforming provisions) for the abolition of the fund. (d) Costs provided or reimbursed by non-Federal sources \nAll costs associated with carrying out this section, including the cost of carving the figure of former President Ronald Reagan on Mount Rushmore National Memorial and other administrative costs, shall be provided or reimbursed by non-Federal sources.", "id": "H1C393724B38A4515BB92D540827C95F9", "header": "Figure of former President Ronald Reagan on Mount Rushmore National Memorial" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) The Meth Watch program is a voluntary program started in the State of Kansas as a public-private partnership in 2002. (2) Since 2002, the Meth Watch program has worked to engage retailers, law enforcement, State and local agencies, and other key partners to reduce the illegal diversion of methamphetamine precursor chemicals, and to increase community awareness about the methamphetamine problem. (3) Since implementing the program, Kansas has succeeded in reducing losses due to theft of precursor chemicals and in improving communication and cooperation between law enforcement and retailers. (4) Because of the success of the Meth Watch program, several other States have begun to adopt the Kansas model, and many more have expressed interest but have been deterred by a lack of funds and expertise.", "id": "HA345078816924391B6BA47C3F7731716", "header": "Findings" }, { "text": "2. Authorization of grants for Meth Watch programs \n(a) Grants authorized \nThe Director of the Office of National Drug Control Policy may provide grants to States for the implementation and evaluation of Meth Watch programs. Such programs shall have as their purpose— (1) improving communication and cooperation between law enforcement agencies and manufacturers, distributors, and retailers of products that are frequently used in the production of methamphetamine; and (2) increasing public awareness of the ways in which the illegal manufacturers of methamphetamine obtain precursor chemicals and equipment for use in methamphetamine production, and of how the public may assist law enforcement agencies in stopping such activity. (b) Use of grant funds \nGrant funds awarded pursuant to subsection (a) may be used by a State— (1) to hire and retain personnel to implement and manage a Meth Watch program; (2) to pay for training expenses and technical assistance to law enforcement personnel and employees of manufacturers, distributors, or retailers of products that are frequently used in the production of methamphetamine; (3) to obtain informational materials, such as posters, signs, window or counter stickers, or videos, designed to implement the purposes of the program; (4) to establish and maintain an informational telephone, Internet, or other hotline for the reporting by manufacturers, distributors, or retailers to law enforcement agencies of suspicious transactions in methamphetamine precursor chemicals or equipment; or (5) to make grants to subdivisions of the State to implement the program. (c) Application \nTo receive a grant under this section, a State shall submit an application to the Director of the Office of National Drug Control Policy at such time, in such manner, and containing such information as the Director may require. (d) Duration of grant \nA grant provided under this section may be available for use by a State for a period of no more than two years. (e) Report \nNot later than two years after the date of the enactment of this Act, the Director of the Office of National Drug Control Policy shall submit to the Committees on Appropriations and to the authorizing committees of jurisdiction of the House of Representatives and the Senate a report evaluating the effectiveness of each Meth Watch program that has received funds under this section. The report shall set forth the specific performance measures of effectiveness used in making the evaluation, including measures designed to test the effectiveness of each program in reducing the amount of methamphetamine produced, and the amount of precursor chemicals and equipment diverted to illegal methamphetamine production, within the State. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Office of National Drug Control Policy $5,000,000 for each of fiscal years 2006 through 2008 to implement this section.", "id": "HC2D0B98E1B90470B89ADE359A8CD52FE", "header": "Authorization of grants for Meth Watch programs" } ]

[ { "text": "1. Leonard C. Burch Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 1001 Williams Street in Ignacio, Colorado, shall be known and designated as the Leonard C. Burch Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Leonard C. Burch Post Office Building.", "id": "HCBA8D73DE24647B59BD7FCF8FA367660", "header": "Leonard C. Burch Post Office Building" } ]

[ { "text": "1. Authorizing Board of Regents of Smithsonian Institution to Carry out Construction and Related Activities in Support of veritas astrophysical observatory project \nThe Board of Regents of the Smithsonian Institution is authorized to carry out construction and related activities in support of the collaborative Very Energetic Radiation Imaging Telescope Array System (VERITAS) project on Kitt Peak near Tucson, Arizona.", "id": "H8DAAF73A0B334131901D36B9323103E9", "header": "Authorizing Board of Regents of Smithsonian Institution to Carry out Construction and Related Activities in Support of veritas astrophysical observatory project" }, { "text": "2. Authorization of Appropriations \nThere is authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out section 1.", "id": "H0879B7D447154B7B88F4B66DC908FD79", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Combat Military Medically Retired Veteran’s Fairness Act of 2004.", "id": "H1A81C96866724C4D960001BA74D4FBA7", "header": "Short title" }, { "text": "2. Exception to 20-year service requirement for members who received Purple Heart \n(a) Entitlement \nSection 1413a(c) of title 10, United States Code, is amended— (1) by inserting (1) before For purposes of ; (2) by striking (1) has and inserting (A) has ; (3) by striking (2) has and inserting (B) has ; and (4) by adding at the end the following new paragraph: (2) In addition to members described in paragraph (1), a member of the uniformed services retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title is an eligible combat-related uniformed services retiree for the purposes of subsection (a) if the member has a combat-related disability described in subsection (e)(1). In the case of such a member, the determination under subsection (b) of the amount of compensation to be paid such member under this section shall be made without regard to paragraph (3) of that subsection.. (b) Effective date \nThe amendments made by subsection (a) shall take effect with respect to payments of compensation under section 1413a of title 10, United States Code, for months beginning on or after the date of the enactment of this Act.", "id": "HBC6D2557E6F64038BD2D28327F4B0585", "header": "Exception to 20-year service requirement for members who received Purple Heart" } ]

[ { "text": "1. Protections, rights, and privileges of service marks, collective marks, and certification marks \nThe Act entitled An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly referred to as the Trademark Act of 1946) is amended— (1) in section 3 ( 15 U.S.C. 1053 ) in the first sentence, by striking protection and inserting protections, rights, and privileges ; and (2) in section 4 ( 15 U.S.C. 1054 ) in the first sentence, by striking protection and inserting protections, rights, and privileges.", "id": "H26186528AD7B441300004996E79E2629", "header": "Protections, rights, and privileges of service marks, collective marks, and certification marks" } ]

[ { "text": "1. Suspension of duty on 1(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)- \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.33.67 1(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)- (CAS No. 50292-95-0) (provided for in subheading 3204.19.40) 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(3H)-Isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)-" } ]

[ { "text": "1. Permanent resident status for Fatuka Kaikumba Flake \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Fatuka Kaikumba Flake shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Waiver of grounds for removal or denial of admission \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , Fatuka Kaikumba Flake may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Fatuka Kaikumba Flake by reason of any ground described in paragraph (1). (c) Adjustment of status \nIf Fatuka Kaikumba Flake enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Fatuka Kaikumba Flake, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Fatuka Kaikumba Flake shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H541C4D911D014B019177AA318F70FAFB", "header": "Permanent resident status for Fatuka Kaikumba Flake" } ]

[ { "text": "1. Extension of eligibility for veterans pension benefits to veterans who received an expeditionary medal for a period of military service other than a period of war \nSection 1501(4) of title 38, United States Code, is amended by adding at the end the following new sentence: Such term includes, in the case of any veteran, any period of active military, naval, or air service not covered by the preceding sentence for which the veteran received an expeditionary medal..", "id": "H431DE762B5BB44F799AEAB31A28694C6", "header": "Extension of eligibility for veterans pension benefits to veterans who received an expeditionary medal for a period of military service other than a period of war" } ]

[ { "text": "1. Richard G. Wilson Processing and Distribution Facility \n(a) Designation \nThe facility of the United States Postal Service located at 475 Kell Farm Drive in Cape Girardeau, Missouri, shall be known and designated as the Richard G. Wilson Processing and Distribution Facility. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Richard G. Wilson Processing and Distribution Facility.", "id": "H08FF675A9D9F4B35A300C3DAA6D0E1C8", "header": "Richard G. Wilson Processing and Distribution Facility" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Free and Fair Elections in Ethiopia Act.", "id": "H5BFDB3008E744EC584CDBEC56FF21B16", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) Relations between the United States and Ethiopia have improved significantly over the past decade, although human rights concerns in Ethiopia remain. The Government of the Federal Democratic Republic of Ethiopia has cooperated with the United States on a range of efforts, including combating global terrorism. (2) In 1995 and 2000, the Government of Ethiopia organized and conducted local, regional, and national elections. In 1995, some opposition parties boycotted the elections, despite offers and support by donor governments, including the United States, to help ensure free and fair elections. Opposition parties, including those outside of Ethiopia, have a responsibility and duty to play a constructive role in building democracy in Ethiopia and to engage the Government of Ethiopia in peaceful dialogue. (3) The Department of State, in its most recent country reports on human rights practices, determined that “the 2000 national elections and the 2001 regional elections [in Ethiopia] were generally free and fair in most areas but were marred by serious irregularities, including killings, disappearances, voter intimidation and harassment, and unlawful detentions of opposition party supporters, particularly in the southern region. (4) The Government of Ethiopia demonstrated its commitment to holding democratic elections in the 2000 parliamentary elections because of its willingness to re-run parliamentary elections in 14 constituencies in which elections irregularities were reported. (5) It is critical that the Government of Ethiopia, donor countries, and civil society offer an extensive and comprehensive civic education in order to prepare and educate the people of Ethiopia about their democratic rights and duties. (6) The Government of Ethiopia should ensure the safety and security of opposition party officials and prosecute and punish those local and regional officials engaged in harassment and intimidation of opposition party officials. (7) Mass media, including radio and television, remain under the control of the Government of Ethiopia. The decision of the Government of Ethiopia to issue radio broadcast licenses to private entrepreneurs is encouraging. Independent and private press, especially radio and television, are key to democracy and transparency. The decision by the Government of Ethiopia to engage the opposition in a constructive dialogue to resolve issues related to the upcoming elections, including access to the media by the opposition and reform of the electoral board, should be commended. (8) The decision by the Government of Ethiopia to allow international elections observers contributes to a more free and fair elections process and should be commended.", "id": "H7A3D423218264A68B600A2B5F7E64C3", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the Government of the Federal Democratic Republic of Ethiopia should hold orderly, peaceful, and free and fair national elections in May 2005 in order to ensure the long-term growth and stability of the country; (2) it is critical that the elections are deemed by the people of Ethiopia as free and fair and provide the winner of the election a clear mandate to govern the country; and (3) the Government of Ethiopia and opposition parties should continue their constructive dialog toward resolving elections-related issues.", "id": "H390BDFA04F4B4834A9A3DDBBCEC646F2", "header": "Sense of Congress" }, { "text": "4. Assistance to monitor the 2005 national elections in Ethiopia \nThe President, acting through the Administrator of the United States Agency for International Development, is authorized to provide assistance on a grant basis to nongovernmental organizations for elections-related activities in order to monitor the May 2005 national elections in the Federal Democratic Republic of Ethiopia and assess whether or not these elections are held on a free and fair basis.", "id": "H8643961A45214B82838EAC5D8B0043D6", "header": "Assistance to monitor the 2005 national elections in Ethiopia" }, { "text": "5. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the President to carry out this Act $10,000,000 for fiscal year 2005. (b) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.", "id": "H59A4230BD988409098183748D785D0D1", "header": "Authorization of appropriations" } ]

[ { "text": "1. Certain domestically controlled investment partnership interests not treated as United States real property interests \n(a) In general \nParagraph (1) of section 897(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Exclusion of domestically controlled investment partnerships \n(i) In general \nThe term United States real property interest does not include any interest in or owned by an investment partnership (as defined by section 731(c)(3)(C)(i)) if at all times during the testing period— (I) less than 50 percent in value of the capital or profits interests in such partnership is held directly or indirectly by foreign persons, (II) no single foreign person owns directly or indirectly more than 10 percent of the capital or profits interests in such partnership, and (III) the adjusted basis of its United States real property interests does not exceed 10 percent of the adjusted basis of its assets. (ii) Special rule for pension trusts \nIn determining the ownership of the capital or profits in a partnership, any interest held by a pension trust shall be treated as held directly by its beneficiaries in proportion to their actuarial interests in such trust and shall not be treated as held by such trust. (iii) Testing period \nFor purposes of this subparagraph, the term testing period means the shorter of— (I) the 5-year period ending on the date of the disposition or of the distribution, as the case by be, or (II) the period during which the partnership was in existence. For purposes of clause (i)(III), except as provided in regulations, the testing period shall not commence until the date which is 36 months after the partnership came into existence.. (b) Withholding tax \nSection 1445(b) of such Code is amended— (1) in paragraph (1), by striking or (6) and inserting (6), or (8) , and (2) by adding at the end the following new paragraph: (8) Domestically controlled investment partnerships \nThis paragraph applies if the disposition is of an interest in or owned by a domestically controlled investment partnership that is not a United States real property interest by reason of section 897(c)(1)(C).. (c) Effective date \nThe amendments made by this section shall apply to dispositions on or after the date of the enactment of this Act.", "id": "H89CEF5BF49CC46538900AFFAA9E776A5", "header": "Certain domestically controlled investment partnership interests not treated as United States real property interests" } ]

[ { "text": "1. Feasibility study \n(a) Authorized \nPursuant to Federal reclamation law (the Act of June 7, 1902, and all Acts amendatory thereof or supplementary thereto), the Secretary of the Interior is authorized to conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, including the potential enlargement of Fryingpan-Arkansas facilities. In conducting such study, the Secretary shall take into consideration the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated April 19, 2001 (hereinafter referred to as the PSOP Reports ), the intergovernmental agreement dated May 27, 2004 among the City of Pueblo, the City of Aurora, the Southeastern Colorado Water Conservancy District, the City of Fountain, the City of Colorado Springs, the Board of Water Works of Pueblo, Colorado (hereinafter referred to as the Regional IGA ), and the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948 (hereinafter referred to as the Arkansas River Compact ). (b) Funding \nBefore funds are expended for the study authorized by this section, the Southeastern Colorado Water Activity Enterprise shall first agree to participate in the feasibility study and to fund, at a minimum, 50 percent of the costs of such study. The Southeastern Colorado Water Activity Enterprise’s share of the costs may be provided partly or wholly in the form of services directly related to the conduct of the study, as determined by the Secretary. Costs incurred prior to the enactment of this Act to develop the PSOP Reports may be credited toward such Enterprise’s share of the costs of the feasibility study, as determined by the Secretary. (c) Study to be submitted \nThe Secretary shall submit the feasibility study authorized by this section to the President and the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (d) Further authorization required for certain expenditures \nNo funds shall be expended for the construction of enlargements, or any other alternative identified in the feasibility study authorized by this section for which authority does not currently exist, without further authorization by Congress. (e) Authorization of appropriations \nThere is authorized to be appropriated $4,000,000 to conduct the feasibility study authorized by this section.", "id": "H8EF5DFB99BF94DE197B93E73E3CF411", "header": "Feasibility study" }, { "text": "2. Secretary authorized to enter into contracts for the use of excess storage and conveyance capacity of the fryingpan-arkansas project, colorado \nThe Act of August 16, 1962, as amended, (76 Stat. 389 et seq., as amended), is amended further by adding at the end the following new sections: 8. (a) (1) Except as provided in Section 9, and subject to the provisions of this Act and all other applicable Federal statutes, the Secretary is authorized to enter into contracts with any entity, private or public, (hereinafter referred to as entity ), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. (2) In entering into such contracts, the Secretary shall take into consideration the PSOP Reports, the Regional IGA and the need to ensure compliance with the Arkansas River Compact. (b) The Secretary is authorized to enter into contracts pursuant to this section provided that— (1) to the extent such contracts are with an entity that does not have an allocation of Project carry over storage space pursuant to the allocation principles adopted by the Southeastern Colorado Water Conservancy District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil Action No. 40487 by decree dated December 18, 1979, including any subsequent modifications made by the District that are confirmed by the District Court; the contracts shall not impair or otherwise interfere with the ability of an entity that does have an allocation of Project carry over storage space to enter into contracts for the use of excess water storage and conveyance capacity pursuant to this section 8; and (2) except as provided in section 9, before entering into such a contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado, the Secretary shall provide the Southeastern Colorado Water Conservancy District a first right of refusal, exercisable within 90 days, to enter into contracts for the use of excess water storage and conveyance capacity made available to the individual or entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado; Provided, in no event shall the Southeastern Colorado Water Conservancy District enter into a sub-contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River. (c) Subject to the provisions of subsection (b), the Secretary may enter into contracts authorized by this section upon such terms and conditions as the Secretary may determine to be just and equitable. The term of any such contract shall be for such period, not to exceed 40 years, as the Secretary deems appropriate. Upon expiration, such contracts may be renewed upon such terms and conditions as may be mutually agreeable to the Secretary and the contractor for the use of excess capacity. (d) All charges established pursuant to this section shall be just and equitable as to the rates paid by the those entities that receive project water from the Fryingpan-Arkansas Project facilities. (e) Prior to the execution of any contracts under this section, the Secretary shall execute an agreement with the Southeastern Colorado Water Activity Enterprise to provide guidelines for the terms to be contained in the contracts executed pursuant to this section. Such guidelines shall appropriately address impacts associated with water operations under the contracts, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Water Activity Enterprise and the Secretary. 9. (a) The Secretary of the Interior may enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a term not to exceed the term referenced in Section 8(c), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. Such contracts shall be— (1) limited to waters appropriated from the Arkansas River held by the City of Aurora, Colorado, or an enterprise of the City that— (A) are decreed water rights and owned by the City of Aurora, Colorado, or an enterprise of the City as of December 7, 2001; (B) are water rights described in a Colorado Water Court water rights application pending as of December 7, 2001, or an amendment or re-filing thereof, as long as such amendment or re-filing does not increase the draft of water from the Arkansas Basin that would have been available to City of Aurora, Colorado, or an enterprise of the City under the original application; (C) result from water lease agreements existing as of December 7, 2001, including any renewal or replacement contract for no more than the existing amount of water; (D) result from interruptible supply agreements or water bank transactions authorized under Colorado law, and operating no more than five calendar years during any period of ten consecutive calendar years; or (E) is traded to, or exchanged with, the City of Aurora, Colorado, or an enterprise of the City for one of the foregoing items (A) through (C) as long as such trade or exchange does not increase the draft of water from the Arkansas River Basin that would have been available to the City of Aurora, Colorado, or an enterprise of the City under subparagraphs (A) through (C); (2) are for water obtained by the City of Aurora, Colorado, or an enterprise of the City from the Colorado River consistent with section 12; or (3) take into consideration the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948. (b) Prior to the execution of any renewal contract with the City of Aurora, the Secretary of the Interior shall execute an Agreement with the Southeastern Colorado Water Activity Enterprise, which agreement shall provide guidelines for the terms to be contained in a renewal contract executed pursuant to this section. Such guidelines shall appropriately address those impacts associated with water operations under the contracts, such as storage and convenience charges, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Enterprise and the Secretary. (c) Any contract executed under the authority of subsection (a) or (b) shall be in compliance with the provisions of section 8(b)(1). (d) The Secretary shall establish such charges under this section 9 in a manner consistent with the provisions of section 8(d). 10. (a) Nonproject water diverted, stored, impounded, pumped, exchanged, or conveyed under a contract entered into pursuant to section 8 or 9 shall be exempt from any acreage limitation provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto including, but not limited to, the Warren Act of 1911, the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-zz-1) and from any farm unit size limitations established pursuant to section 4(c)(5) of the Act of August 11, 1939 (Chapter 717; 16 U.S.C. 59–2(c)(5) ). (b) Notwithstanding subsection (a), if such nonproject water is commingled with project water in Reclamation project facilities, and the resulting commingled supply is used to irrigate lands in a project contractor’s service area, then such commingled water shall bear the same acreage limitations or farm unit size limitations as the project water unless— (1) contract provisions are in effect which provide that project or nonproject water, or both, will be accounted for on a quantitative basis, that project water will not be delivered to ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the project water; and (2) the charges for the use of the excess capacity include an appropriate interest component, as determined by the Secretary. 11. (a) Excess water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts executed pursuant to the provisions of sections 8 and 9 shall not be utilized so as to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage unless— (1) the diversion is the subject of a decree entered prior to the effective date of this section for which no new infrastructure or legal approvals are necessary to divert the water out of the natural basin; (2) the diversion is the subject of an agreement in existence on the date of the enactment of this section, contemplating additional diversions diverted through or stored in the facilities authorized by this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; (3) the diversion is the subject of an intergovernmental agreement or other contractual arrangement executed after the date of the enactment of this section, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; or (4) the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion. (b) Prior to executing any agreement, or arrangement or agreement for provision of compensatory storage or alternative water supply, that allows for increased diversions of nonproject water as described in subsection (a), the parties to such agreements or arrangements shall submit the agreement or arrangement to the Secretary, who, within 30 days, shall submit such agreement or arrangement to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for a period of not less than 60 days. (c) This section shall not be considered as precedent for any other Congressionally authorized project..", "id": "HB54563E9F7734C39AF8C07165C2CE679", "header": "Secretary authorized to enter into contracts for the use of excess storage and conveyance capacity of the fryingpan-arkansas project, colorado" }, { "text": "8. (a) (1) Except as provided in Section 9, and subject to the provisions of this Act and all other applicable Federal statutes, the Secretary is authorized to enter into contracts with any entity, private or public, (hereinafter referred to as entity ), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. (2) In entering into such contracts, the Secretary shall take into consideration the PSOP Reports, the Regional IGA and the need to ensure compliance with the Arkansas River Compact. (b) The Secretary is authorized to enter into contracts pursuant to this section provided that— (1) to the extent such contracts are with an entity that does not have an allocation of Project carry over storage space pursuant to the allocation principles adopted by the Southeastern Colorado Water Conservancy District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil Action No. 40487 by decree dated December 18, 1979, including any subsequent modifications made by the District that are confirmed by the District Court; the contracts shall not impair or otherwise interfere with the ability of an entity that does have an allocation of Project carry over storage space to enter into contracts for the use of excess water storage and conveyance capacity pursuant to this section 8; and (2) except as provided in section 9, before entering into such a contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado, the Secretary shall provide the Southeastern Colorado Water Conservancy District a first right of refusal, exercisable within 90 days, to enter into contracts for the use of excess water storage and conveyance capacity made available to the individual or entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado; Provided, in no event shall the Southeastern Colorado Water Conservancy District enter into a sub-contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River. (c) Subject to the provisions of subsection (b), the Secretary may enter into contracts authorized by this section upon such terms and conditions as the Secretary may determine to be just and equitable. The term of any such contract shall be for such period, not to exceed 40 years, as the Secretary deems appropriate. Upon expiration, such contracts may be renewed upon such terms and conditions as may be mutually agreeable to the Secretary and the contractor for the use of excess capacity. (d) All charges established pursuant to this section shall be just and equitable as to the rates paid by the those entities that receive project water from the Fryingpan-Arkansas Project facilities. (e) Prior to the execution of any contracts under this section, the Secretary shall execute an agreement with the Southeastern Colorado Water Activity Enterprise to provide guidelines for the terms to be contained in the contracts executed pursuant to this section. Such guidelines shall appropriately address impacts associated with water operations under the contracts, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Water Activity Enterprise and the Secretary.", "id": "HBB9F9AEA878946F08D7865395E3E264C", "header": null }, { "text": "9. (a) The Secretary of the Interior may enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a term not to exceed the term referenced in Section 8(c), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. Such contracts shall be— (1) limited to waters appropriated from the Arkansas River held by the City of Aurora, Colorado, or an enterprise of the City that— (A) are decreed water rights and owned by the City of Aurora, Colorado, or an enterprise of the City as of December 7, 2001; (B) are water rights described in a Colorado Water Court water rights application pending as of December 7, 2001, or an amendment or re-filing thereof, as long as such amendment or re-filing does not increase the draft of water from the Arkansas Basin that would have been available to City of Aurora, Colorado, or an enterprise of the City under the original application; (C) result from water lease agreements existing as of December 7, 2001, including any renewal or replacement contract for no more than the existing amount of water; (D) result from interruptible supply agreements or water bank transactions authorized under Colorado law, and operating no more than five calendar years during any period of ten consecutive calendar years; or (E) is traded to, or exchanged with, the City of Aurora, Colorado, or an enterprise of the City for one of the foregoing items (A) through (C) as long as such trade or exchange does not increase the draft of water from the Arkansas River Basin that would have been available to the City of Aurora, Colorado, or an enterprise of the City under subparagraphs (A) through (C); (2) are for water obtained by the City of Aurora, Colorado, or an enterprise of the City from the Colorado River consistent with section 12; or (3) take into consideration the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948. (b) Prior to the execution of any renewal contract with the City of Aurora, the Secretary of the Interior shall execute an Agreement with the Southeastern Colorado Water Activity Enterprise, which agreement shall provide guidelines for the terms to be contained in a renewal contract executed pursuant to this section. Such guidelines shall appropriately address those impacts associated with water operations under the contracts, such as storage and convenience charges, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Enterprise and the Secretary. (c) Any contract executed under the authority of subsection (a) or (b) shall be in compliance with the provisions of section 8(b)(1). (d) The Secretary shall establish such charges under this section 9 in a manner consistent with the provisions of section 8(d).", "id": "H828D52A039854891BA032C3DC352CCB3", "header": null }, { "text": "10. (a) Nonproject water diverted, stored, impounded, pumped, exchanged, or conveyed under a contract entered into pursuant to section 8 or 9 shall be exempt from any acreage limitation provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto including, but not limited to, the Warren Act of 1911, the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-zz-1) and from any farm unit size limitations established pursuant to section 4(c)(5) of the Act of August 11, 1939 (Chapter 717; 16 U.S.C. 59–2(c)(5) ). (b) Notwithstanding subsection (a), if such nonproject water is commingled with project water in Reclamation project facilities, and the resulting commingled supply is used to irrigate lands in a project contractor’s service area, then such commingled water shall bear the same acreage limitations or farm unit size limitations as the project water unless— (1) contract provisions are in effect which provide that project or nonproject water, or both, will be accounted for on a quantitative basis, that project water will not be delivered to ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the project water; and (2) the charges for the use of the excess capacity include an appropriate interest component, as determined by the Secretary.", "id": "HF3AC220544DE41A5A3DC83235022B00", "header": null }, { "text": "11. (a) Excess water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts executed pursuant to the provisions of sections 8 and 9 shall not be utilized so as to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage unless— (1) the diversion is the subject of a decree entered prior to the effective date of this section for which no new infrastructure or legal approvals are necessary to divert the water out of the natural basin; (2) the diversion is the subject of an agreement in existence on the date of the enactment of this section, contemplating additional diversions diverted through or stored in the facilities authorized by this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; (3) the diversion is the subject of an intergovernmental agreement or other contractual arrangement executed after the date of the enactment of this section, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; or (4) the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion. (b) Prior to executing any agreement, or arrangement or agreement for provision of compensatory storage or alternative water supply, that allows for increased diversions of nonproject water as described in subsection (a), the parties to such agreements or arrangements shall submit the agreement or arrangement to the Secretary, who, within 30 days, shall submit such agreement or arrangement to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for a period of not less than 60 days. (c) This section shall not be considered as precedent for any other Congressionally authorized project.", "id": "H72B79D6F8966492B8EDF758C257C4B08", "header": null } ]

[ { "text": "1. Test of aircraft ocean routing \n(a) In general \nIn order to examine an option for reducing aircraft noise over communities in New Jersey, the Secretary of Transportation shall conduct a 6-month test to determine the costs and benefits of requiring jet-propelled aircraft to conduct ascents after taking off from Newark International Airport, New Jersey, over the ocean. (b) Commencement deadline \nThe Secretary shall commence the test under this section not later than 45 days after the date of enactment of this Act.", "id": "HEBDFB5F518B348DEA1A873F28B851919", "header": "Test of aircraft ocean routing" }, { "text": "2. Report \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the test conducted under section 1. (b) Contents \nThe report shall include an analysis of the effects on noise reduction of ocean routing of aircraft taking off from Newark International Airport and any recommendations and comments of the Secretary concerning ocean routing of air carrier aircraft taking off from Newark International Airport.", "id": "HB33B088A2BB044ACB92423693E4435D0", "header": "Report" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Bakers Creek Air Crash Memorial Act of 2004.", "id": "H62A8AC9EC2854B93A650DDC3D3953DC8", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) During the Second World War, the United States Army Air Corps, established rest and recreation facilities in Mackay Queensland, Australia. (2) From the end of January 1943 until early 1944, thousands of United States servicemen were ferried almost daily from New Guinea to Mackay. (3) These servicemen traveled by air transport to spend an average of 10 days on a rest and relaxation furlough. (4) These servicemen were usually carried by two B–17 Flying Fortresses converted for transport duty. (5) On Monday, June 14, 1943, just before dawn, at about 6 a.m., Boeing B–17C, Serial/Tail Number 40–2072, took off headed for Port Moresby. (6) There were 6 crew and 35 passengers aboard. (7) The aircraft took off into fog and, soon after, made a turn at low altitude. (8) A few minutes after take-off, it crashed, at Bakers Creek, killing all but one of those on board. (9) The cause of the crash remains a mystery and is relatively unknown outside Mackay. (10) United States officials who were under orders not to reveal the presence of Allied troops in Australia, kept the crash a secret during the war. (11) Relatives of the victims received telegrams from the United States War Department that said little more than the serviceman had been killed in an air crash in the South West Pacific. (12) The victims’ remains were flown to Townsville where they were buried in the Belgian Gardens United States military cemetery. (13) Early in 1946, they were disinterred and shipped to Hawaii for reburial. (14) 13 are buried in the Punchbowl cemetery, Hawaii and the remainder were returned to the United States mainland. (15) 15 years ago Robert Cutler was reading his father’s wartime journals and found reference to the accident. (16) This discovery inspired Mr. Cutler to embark upon a research project that would consume more than a decade and take him to Australia. (17) Mr. Cutler’s work and trip to Australia brought to light this valuable information.", "id": "HE4678FDB98224629986EA04D42309804", "header": "Findings" }, { "text": "3. Bakers Creek Air Crash Memorial Marker in Arlington National Cemetery \n(a) Establishment \nSubject to section 3, the Secretary of the Army is authorized to place in Arlington National Cemetery a memorial marker to honor the memory of the members of the Armed Forces of the United States who lost their lives at Bakers Creek, Australia on June 14, 1943. (b) Approval of design and site \nThe Secretary of the Army shall have exclusive authority to approve an appropriate design and site within Arlington National Cemetery for the memorial authorized under subsection (a).", "id": "HA08FCEDA85764349AACC33EEB3CF6A", "header": "Bakers Creek Air Crash Memorial Marker in Arlington National Cemetery" }, { "text": "4. Alternative site for Bakers Creek Air Crash Memorial \n(a) Identification of alternative site \nIf the Secretary of the Army determines that there is not sufficient space in Arlington National Cemetery for the memorial marker referred to in section 2, the Secretary of Defense and the Secretary of the Interior shall jointly identify appropriate alternative sites for that memorial marker. (b) Report to congress \nThe Secretary of Defense shall submit to Congress a report containing the alternative sites identified under subsection (a). (c) Selection of site \nThe Secretary of Defense is authorized to place in a site selected by the Secretary a memorial marker to honor the memory of the members of the Armed Forces of the United States who lost their lives at Bakers Creek, Australia on June 14, 1943. (d) Administration \nIf the memorial marker is established on a site identified under subsection (a), the memorial marker shall be placed, maintained, and administered by the Secretary of Defense.", "id": "H36D446A3A2234F5C00B7A47DD2DD0000", "header": "Alternative site for Bakers Creek Air Crash Memorial" }, { "text": "5. Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to implement this Act.", "id": "HE9D3859765474AF7B0D2F143EAFBC5D8", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Flight 587 Accountability Act.", "id": "HA6B0A12EB75B4C588448B66C772DA682", "header": "Short title" }, { "text": "2. Information in flight manuals \nThe Administrator of the Federal Aviation Administration shall require each manufacturer of aircraft to list any information in the limitation section of each flight manual that may affect the safe operation of an aircraft.", "id": "HE7E48800A5BF4A878B6F89C4CF35A7AF", "header": "Information in flight manuals" }, { "text": "3. Dispute resolution \nExcept in cases in which an adjudicatory resolution is sought, the Administrator of the Federal Aviation Administration shall resolve a dispute between an aircraft manufacturer and an aircraft operator that arises regarding the safe operation of an aircraft.", "id": "HE63C6CC323794D10A05B28AEDFEC02C5", "header": "Dispute resolution" }, { "text": "4. Implementation of safety recommendations \nNot later than 90 days after the date of enactment of this Act, the Government Accountability Office shall conduct a study to review the effectiveness and timeliness of the Federal Aviation Administration in implementing recommendations made by the National Transportation Safety Board.", "id": "HDF56273023584E6897B03D00CF05204B", "header": "Implementation of safety recommendations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the New War on Cancer Act.", "id": "H38D005C48D7C401BA4068917A353F209", "header": "Short title" }, { "text": "2. Nonpatent market exclusivity for cancer drugs \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following subchapter: G Cancer drugs \n575. Recommendations for investigations of cancer drugs \n(a) Request for recommendations \nThe sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. (b) Recommendations \nIf the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. (c) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 576. Designation of cancer drugs \n(a) Request for designation \nThe sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. (b) Designation \nIn the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. (c) Conditions \nA designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. (d) Public availability of notice \nNotice respecting the designation of a drug under subsection (b) shall be made available to the public. (e) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). 577. Market protection for cancer drugs \n(a) In general \nExcept as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. (b) Exception \nIf an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period. 578. Open protocols for investigations of cancer drugs \nIf a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs..", "id": "HEDD8027E5C394A63860382391200D1ED", "header": "Nonpatent market exclusivity for cancer drugs" }, { "text": "575. Recommendations for investigations of cancer drugs \n(a) Request for recommendations \nThe sponsor of a drug intended for use for cancer (referred to in this subchapter as a cancer drug ) may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before— (1) it may be approved for use for cancer under section 505; or (2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. (b) Recommendations \nIf the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for— (1) approval of such drug for use for cancer under section 505; or (2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. (c) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b).", "id": "H8BE1711026C74A699FF91991CF36EB40", "header": "Recommendations for investigations of cancer drugs" }, { "text": "576. Designation of cancer drugs \n(a) Request for designation \nThe sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. (b) Designation \nIn the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. (c) Conditions \nA designation of a drug under subsection (b) shall be subject to the condition that— (1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and (2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. (d) Public availability of notice \nNotice respecting the designation of a drug under subsection (b) shall be made available to the public. (e) Regulations \nThe Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b).", "id": "H15E1F118C0E34E54AAC750F5B851CCDD", "header": "Designation of cancer drugs" }, { "text": "577. Market protection for cancer drugs \n(a) In general \nExcept as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. (b) Exception \nIf an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if— (1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or (2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period.", "id": "H9B9A55172B6B47F980004894BA641DCB", "header": "Market protection for cancer drugs" }, { "text": "578. Open protocols for investigations of cancer drugs \nIf a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs.", "id": "H3FF912FA30084047922F18C04A51C75", "header": "Open protocols for investigations of cancer drugs" }, { "text": "3. Abbreviated applications for new drugs; nonpatent market exclusivity for cancer drugs \nSection 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(F)(ii) ) is amended— (1) by striking (ii) and inserting (ii)(I) ; and (2) by adding at the end the following subclause: (II) With respect to an application under subsection (b) for a drug referred to in subclause (I), in any case in which the drug is for use for cancer, the reference in such subclause to five years is deemed to be ten years, the reference to four years is deemed to be eight years, the reference to forty-eight months is deemed to be ninety-six months, and the reference to seven and one-half years is deemed to be twelve and one-half years..", "id": "HA0A78F570D8F441A97DCA9D6243644DB", "header": "Abbreviated applications for new drugs; nonpatent market exclusivity for cancer drugs" }, { "text": "4. Extension of Patent Term on Cancer Drugs \nSection 156(c) of title 35, United States Code, is amended by adding at the end the following flush sentence: Paragraphs (2) and (3) shall not apply in the case of a drug approved for use for cancer..", "id": "H6F53FC4D6C1E4037BD438B2109674E8E", "header": "Extension of Patent Term on Cancer Drugs" } ]

[ { "text": "1. Vitilas Veto Reid Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 7450 Natural Bridge Road in St. Louis, Missouri, shall be known and designated as the Vitilas Veto Reid Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vitilas Veto Reid Post Office Building.", "id": "H8A4D71D3F563425D8C45C9C099BF41C", "header": "Vitilas Veto Reid Post Office Building" } ]

[ { "text": "1. Suspension of duty on Cobaltate(1-), bis[3-[[1-(3-chlorophenyl)-4,5-dihydro-3-methyl-5-(oxo- kO)-1H-pyrazol-4-yl]azo-kN1]-4-(hydroxy- kO)benzenesulfonamidato(2-)]-, sodium \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: 9902.35.13 Cobaltate(1-), bis[3-[[1-(3-chlorophenyl)-4,5-dihydro-3-methyl-5-(oxo- kO)-1H-pyrazol-4-yl]azo-kN1]-4-(hydroxy- kO)benzenesulfonamidato(2-)]-, sodium (CAS No. 73612-40-5) (provided for in subheading 3204.12.45) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H3D1CBCCA8820484AA26B3F5F50F5D9B9", "header": "Suspension of duty on Cobaltate(1-), bis[3-[[1-(3-chlorophenyl)-4,5-dihydro-3-methyl-5-(oxo- kO)-1H-pyrazol-4-yl]azo-kN1]-4-(hydroxy- kO)benzenesulfonamidato(2-)]-, sodium" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the United States Boxing Commission Act.", "id": "H5E77F926A41D4DEEBC58D41C3C6230E2", "header": "Short Title" }, { "text": "2. Establishment of United States Boxing Commission \n(a) In general \nThe United States Boxing Commission is established as a commission within the Department of Commerce. (b) Members \n(1) In general \nThe Commission shall consist of 3 members appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications \nNo member of the Commission may, while serving as a member of the Commission— (A) be engaged as a professional boxer, boxing promoter, agent, fight manager, matchmaker, referee, judge, or in any other capacity in the conduct of the business of professional boxing; (B) have any pecuniary interest in the earnings of any boxer or the proceeds or outcome of any boxing match; or (C) serve as a member of a boxing commission. (3) Bipartisan membership \nNot more than 2 members of the Commission may be members of the same political party. (4) Geographic balance \nNot more than 2 members of the Commission may be residents of the same geographic region of the United States when appointed to the Commission. For purposes of the preceding sentence, the area of the United States east of the Mississippi River is a geographic region, and the area of the United States west of the Mississippi River is a geographic region. (5) Terms \n(A) In general \nThe term of a member of the Commission shall be 3 years. No member of the Commission shall serve more than 2 terms. (B) Midterm vacancies \nA member of the Commission appointed to fill a vacancy in the Commission occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that unexpired term. (C) Continuation pending replacement \nA member of the Commission may serve after the expiration of that member’s term until a successor has taken office. (6) Removal \nA member of the Commission may be removed by the President only for cause. (c) Executive Director \n(1) In general \nThe Commission shall employ an Executive Director to perform the administrative functions of the Commission under this Act, and such other functions and duties of the Commission as the Commission shall specify. (2) Discharge of functions \nSubject to the authority, direction, and control of the Commission the Executive Director shall carry out the functions and duties of the Commission under this Act. (d) General Counsel \nThe Commission shall employ a General Counsel to provide legal counsel and advice to the Executive Director and the Commission in the performance of its functions under this Act, and to carry out such other functions and duties as the Commission shall specify. (e) Staff \nThe Commission shall employ such additional staff as the Commission considers appropriate to assist the Executive Director and the General Counsel in carrying out the functions and duties of the Commission under this Act. (f) Meetings \nThe Commission shall hold its first meeting no later than 30 days after all members shall have been appointed. (g) Compensation \n(1) Members of Commission \n(A) In general \nEach member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (B) Travel expenses \nThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (2) Executive Director and staff \nThe Commission shall fix the compensation of the Executive Director, the General Counsel, and other personnel of the Commission. The rate of pay for the Executive Director, the General Counsel, and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.", "id": "H580B99FB4A223731CFADCAB94ED6B74", "header": "Establishment of United States Boxing Commission" }, { "text": "3. Functions \n(a) Primary functions \nThe primary functions of the Commission are— (1) to protect the general interests of boxers consistent with the provisions of this Act; and (2) to ensure uniformity, fairness, and integrity in professional boxing. (b) Specific functions \nThe Commission shall— (1) promulgate uniform standards for professional boxing in consultation with the Association of Boxing Commissions; (2) except as otherwise determined by the Commission, oversee all professional boxing matches in the United States; (3) work with the boxing commissions of the several States and tribal organizations to improve the status and standards of professional boxing in the United States; (4) ensure, in cooperation with the Attorney General (who shall represent the Commission in any judicial proceeding under this Act), the chief law enforcement officer of the several States, and other appropriate officers and agencies of Federal, State, and local government, that Federal and State laws applicable to professional boxing matches in the United States are vigorously, effectively, and fairly enforced; (5) review State boxing commission regulations for professional boxing and provide assistance to such authorities in meeting minimum standards prescribed by the Commission under this Act; (6) if the Commission determines appropriate, publish a newspaper, magazine, or other publication and establish and maintain an Internet website consistent with the provisions of this Act; and (7) promulgate rules, regulations, and guidance, and take any other action necessary and proper to accomplish the purposes of, and consistent with, the provisions of this Act. (c) Prohibitions \nThe Commission may not— (1) promote boxing events or rank professional boxers; or (2) provide technical assistance to, or authorize the use of the name of the Commission by, boxing commissions that do not comply with requirements of the Commission.", "id": "H35BF2C6845817EB44B470DA51FA6551", "header": "Functions" }, { "text": "4. Licensing and registration of boxing personnel \n(a) Licensing \n(1) Requirement for license \nNo person may compete in a professional boxing match or serve as a boxing manager, boxing promoter, or sanctioning organization for a professional boxing match except as provided in a license granted to that person under this subsection. (2) Application and term \n(A) In general \nThe Commission shall— (i) establish application procedures, forms, and fees; (ii) establish and publish appropriate standards for licenses granted under this section; and (iii) issue a license to any person who, as determined by the Commission, meets the standards established by the Commission under this Act. (B) Duration \nA license issued under this section shall be for a renewable— (i) 4-year term for a boxer; and (ii) 2-year term for any other person. (C) Procedure \nThe Commission may issue a license under this paragraph through boxing commissions or in a manner determined by the Commission. (b) Licensing fees \n(1) Authority \nThe Commission may prescribe and charge reasonable fees for the licensing of persons under this Act. The Commission may set, charge, and adjust varying fees on the basis of classifications of persons, functions, and events determined appropriate by the Commission. (2) Limitations \nIn setting and charging fees under paragraph (1), the Commission shall ensure that, to the maximum extent practicable— (A) club boxing is not adversely effected; (B) sanctioning organizations and promoters pay comparatively the largest portion of the fees; and (C) boxers pay as small a portion of the fees as is possible. (3) Collection \nFees established under this subsection may be collected through boxing commissions or by any other means determined appropriate by the Commission.", "id": "HB871FF884C8B5C717125859EAEDF3B9", "header": "Licensing and registration of boxing personnel" }, { "text": "5. National registry of boxing personnel \nThe Commission shall establish and maintain (or authorize a third party to establish and maintain) a unified national computerized registry for the collection, storage, and retrieval of such information as the Commission shall prescribe by rule related to the performance of its duties.", "id": "H162562174CFBA7B8C32F748B39D7D45", "header": "National registry of boxing personnel" }, { "text": "6. Consultation requirements \nThe Commission shall consult with the Association of Boxing Commissions— (1) before prescribing any regulation or establishing any standard under the provisions of this Act; and (2) not less than once each year regarding matters relating to professional boxing.", "id": "HFE542E49434B9E8C1A3F3580F707BC2", "header": "Consultation requirements" }, { "text": "7. Misconduct \n(a) Suspension and revocation of license or registration \n(1) Authority \nThe Commission may, after notice and opportunity for a hearing, suspend or revoke any license issued under this Act if the Commission finds that— (A) the license holder has violated any provision of this Act; (B) there are reasonable grounds for belief that a standard prescribed by the Commission under this Act is not being met, or that bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have occurred in connection with a license; or (C) the suspension or revocation in the public interest. (2) Period of suspension \nA suspension of a license under this section shall be effective for a period determined appropriate by the Commission. (3) Period of revocation \nIn the case of a revocation of the license of a boxer, the revocation shall be for a period of not less than 1 year. (b) Investigations and Injunctions \n(1) Authority \nThe Commission may— (A) conduct any investigation that it considers necessary to determine whether any person has violated, or is about to violate, any provision of this Act or any regulation prescribed under this Act; (B) require or permit any person to file with it a statement in writing, under oath or otherwise as the Commission shall determine, as to all the facts and circumstances concerning the matter to be investigated; (C) in its discretion, publish information concerning any violations; and (D) investigate any facts, conditions, practices, or matters to aid in the enforcement of the provisions of this Act, in the prescribing of regulations under this Act, or in securing information to serve as a basis for recommending legislation concerning the matters to which this Act relates. (2) Powers \n(A) In general \nFor the purpose of any investigation under paragraph (1) or any other proceeding under this Act— (i) any officer designated by the Commission may administer oaths and affirmations, subpoena or otherwise compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records the Commission considers relevant or material to the inquiry; and (ii) the provisions of sections 6002 and 6004 of title 18, United States Code, shall apply. (B) Witnesses and evidence \nThe attendance of witnesses and the production of any documents under subparagraph (A) may be required from any place in the United States, including Indian land, at any designated place of hearing. (3) Enforcement of subpoenas \n(A) Civil action \nIn case of contumacy by, or refusal to obey a subpoena issued to, any person, the Commission may file an action in any district court of the United States within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may issue an order requiring the person to appear before the Commission to produce records, if so ordered, or to give testimony concerning the matter under investigation or in question. (B) Failure to obey \nAny failure to obey an order issued by a court under subparagraph (A) may be punished as contempt of that court. (C) Process \nAll process in any contempt case under subparagraph (A) may be served in the judicial district in which the person is an inhabitant or in which the person may be found. (4) Evidence of criminal misconduct \nNo person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before the Commission, in obedience to the subpoena of the Commission, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate the person or subject the person to a penalty or forfeiture. (5) Injunctive relief \nIf the Commission determines that any person is engaged or about to engage in any act or practice that constitutes a violation of any provision of this Act, or of any regulation prescribed under this Act, the Commission may bring an action in the appropriate district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin the act or practice, and upon a proper showing, the court shall grant without bond a permanent or temporary injunction or restraining order. (6) Mandamus \nUpon application of the Commission, the district courts of the United States, the United States District Court for the District of Columbia, and the United States courts of any territory or other place subject to the jurisdiction of the United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Act or any order of the Commission. (c) Intervention in civil Actions \n(1) In general \nThe Commission, on behalf of the public interest, may intervene of right as provided under rule 24(a) of the Federal Rules of Civil Procedure in any civil action relating to professional boxing filed in a district court of the United States. (2) Amicus filing \nThe Commission may file a brief in any action filed in a court of the United States on behalf of the public interest in any case relating to professional boxing. (d) Hearings by Commission \nHearings conducted by the Commission under this Act shall be public and may be held before any officer of the Commission. The Commission shall keep appropriate records of the hearings.", "id": "HDD0263384201782ED38560B2DB76C71", "header": "Misconduct" }, { "text": "8. Noninterference with boxing Commissions \n(a) Noninterference \nNothing in this Act prohibits any boxing commission from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or professional boxing matches to the extent not inconsistent with the provisions of this Act. (b) Minimum standards \nNothing in this Act prohibits any boxing commission from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Commission under this Act.", "id": "HCDDE2A88455CC2EFE51687992B45EA2", "header": "Noninterference with boxing Commissions" }, { "text": "9. Assistance from other agencies \nAny employee of any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality may be detailed to the Commission, upon the request of the Commission, on a reimbursable or nonreimbursable basis, with the consent of the appropriate authority having jurisdiction over the employee. While so detailed, an employee shall continue to receive the compensation provided pursuant to law for the employee’s regular position of employment and shall retain, without interruption, the rights and privileges of that employment.", "id": "HB0ED6D6A4CAFED87E2EF348AFD67D34", "header": "Assistance from other agencies" }, { "text": "10. Study \n(a) Study \nThe Commission shall conduct a study on the health and safety aspects of boxing, including an examination of— (1) the risks or serious injury and the nature of potential injuries; (2) the long term effect of boxing on the health of boxers; and (3) the effectiveness of safety standards and regulations. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the study required by this section to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, including recommendations to improve the health and safety aspects of boxing.", "id": "H6C28B9B8BD3743F7924BA6E3BBD34CDF", "header": "Study" }, { "text": "11. Reports \n(a) Annual report \nNot later than 2 years after the date of enactment of this Act, and each year thereafter, the Commission shall submit a report on its activities to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. The annual report shall include— (1) a detailed discussion of the activities of the Commission for the year covered by the report; and (2) an overview of the licensing and enforcement activities of the State and tribal organization boxing commissions. (b) Public report \nThe Commission shall annually issue and publicize a report of the Commission on the progress made at Federal and State levels and on Indian lands in the reform of professional boxing, which shall include comments on issues of continuing concern to the Commission.", "id": "H3430418944888AA58F5AEAADE1DB552", "header": "Reports" }, { "text": "12. Initial implementation \n(a) Temporary exemption \nThe requirements for licensing under this Act do not apply to a person for the performance of an activity as a boxer, boxing judge, or referee, or the performance of any other professional activity in relation to a professional boxing match, if the person is licensed by a boxing commission to perform that activity as of the effective date of this Act. (b) Expiration \nThe exemption under subsection (a) with respect to a license issued by a boxing commission expires on the earlier of— (1) the date on which the license expires; or (2) the date that is 2 years after the date of the enactment of this Act.", "id": "H09E488DB4DB8B590CD92C6B3BC00C85", "header": "Initial implementation" }, { "text": "13. Sunset Provision \nThis Act shall cease to have effect 6 years after the date of enactment of this Act.", "id": "HAB2B89004990145D4F76A88B7027CC1", "header": "Sunset Provision" }, { "text": "14. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated for the Commission for each fiscal year such sums as may be necessary for the Commission to perform its functions for that fiscal year. (b) Receipts credited as offsetting collections \nNotwithstanding section 3302 of title 31, United States Code, any fee collected under this Act— (1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and (3) shall remain available until expended.", "id": "H82630929575E4E119E068F3F4290BE86", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act.", "id": "H4442663F6ECC4B2AA200D08FA397CF65", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Corporation \nThe term Corporation means the Columbia Gas Transmission Corporation. (2) Pipeline \nThe term pipeline means that portion of the pipeline of the Corporation numbered 1278 that is— (A) located in the Recreation Area; and (B) situated on 2 tracts designated by the Corporation as ROW No. 16405 and No. 16414. (3) Recreation area \nThe term Recreation Area means the Delaware Water Gap National Recreation Area in the Commonwealth of Pennsylvania. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) Superintendent \nThe term Superintendent means the Superintendent of the Recreation Area.", "id": "H1020633143BA4256B6DEA58CECFBD06", "header": "Definitions" }, { "text": "3. Easement for expanded natural gas pipeline \n(a) In general \nThe Secretary may enter into an agreement with the Corporation to grant to the Corporation, for no consideration, an easement to enlarge the diameter of the pipeline from 14 inches to not more than 20 inches. (b) Terms and conditions \nThe easement authorized under subsection (a) shall— (1) be consistent with— (A) the recreational values of the Recreation Area; and (B) protection of the resources of the Recreation Area; (2) include provisions for the protection of resources in the Recreation Area that ensure that only the minimum and necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the expanded pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary. (c) Permits \n(1) In general \nThe Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) Prior to issuance \nThe easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall— (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that— (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B). (d) Pipeline replacement requirements \nThe enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1–2002–1004–H). (e) FERC consultation \nThe Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. (f) Limitation \nThe Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. (g) Effect on right-of-way easement \nNothing in this Act increases the 50-foot right-of-way easement for the pipeline. (h) Penalties \nOn request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101–337 ( 16 U.S.C. 19jj et seq. ) or any other applicable law if— (1) the Corporation— (A) violates a provision of— (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or (B) fails to submit or timely implement a restoration and mitigation plan approved under subsection (c)(3); and (2) the violation or failure destroys, results in the loss of, or injures any park system resource (as defined in section 1 of Public Law 101–337 ( 16 U.S.C. 19jj )).", "id": "H8BA338081DE748D0A39F41C11C37FA8", "header": "Easement for expanded natural gas pipeline" } ]

[ { "text": "1. Agricultural Research Service research on interspecies transfer of proteinaceous infectious particles causing transmissible spongiform encephalopathies \n(a) Research program authorized \nThe Secretary of Agriculture make establish a research program under which the Agricultural Research Service will conduct research regarding the likelihood and risks of the transfer between animal species of the proteinaceous infectious particles, known as prions, that cause transmissible spongiform encephalopathies. In carrying out the research program, the Agricultural Research Service shall specifically study the risks associated with feeding livestock by-products to other animals, such as chickens, turkeys, and hogs, which are subsequently slaughtered and the by-products of which are feed to livestock or whose offspring are slaughtered and the by-products of which are feed to livestock. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Agriculture to carry out the research program $15,000,000 for fiscal year 2005, $20,000,000 for fiscal year 2006, and $25,000,000 for fiscal year 2007.", "id": "H5B1F802794F04BC5A6506162CA00F700", "header": "Agricultural Research Service research on interspecies transfer of proteinaceous infectious particles causing transmissible spongiform encephalopathies" } ]

[ { "text": "1. Extension of patent \nThe Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall, when patent numbered RE 38,014 (BIEBERSTEIN) (relating to the Maglite flashlight) expires, extend such patent for 2 years, with all the rights pertaining to such patent.", "id": "H2D4391075209407CA7EFC380DA9D004C", "header": "Extension of patent" } ]

[ { "text": "1. Short title and table of contents \n(a) Short title \nThis Act may be cited as the Individual Social Security Investment Program Act of 2004. (b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Sec. 2. Establishment of Individual Social Security Investment Program Part B—Individual Social Security Investment Program Sec. 251. Definitions Sec. 252. Individual investment of social security contributions; part B totalization accounts Sec. 253. Tier I Investment Fund Sec. 254. Tier II Investment Fund Sec. 255. Tier III investment accounts Sec. 256. Retirement distributions Sec. 257. Recognition bonds Sec. 258. Supplemental minimum benefit payments Sec. 259. Election for participation Sec. 260. Early distribution and termination of participation in program Sec. 261. Individual Investment Board Sec. 262. Executive Director of the Individual Investment Board Sec. 3. Tax treatment of Individual Social Security Investment Program Sec. 4. Exclusion of Individual Investment Program participants from insurance benefits Sec. 5. CPI-indexed benefits for Part A beneficiaries other than disability beneficiaries Sec. 6. Maintenance of adequate balances in the Social Security Trust Funds", "id": "H9F7A0D765BE849A49827B89EED8DDE64", "header": "Short title and table of contents" }, { "text": "2. Establishment of Individual Social Security Investment Program \n(a) In general \nTitle II of the Social Security Act is amended— (1) by inserting before section 201 the following: A Insurance benefits \n; and (2) by adding at the end the following new part: B Individual Social Security Investment Program \n251. Definitions \nFor purposes of this part— (1) Participant \nThe term participant means— (A) any individual who is born on or after January 1, 1983, and— (i) receives wages in any calendar year after December 31, 2004, on which there is imposed a tax under section 3101(a) of the Internal Revenue Code of 1986, or (ii) derives self-employment income for a taxable year beginning after December 31, 2004, on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986, and (B) any individual who is born on or after January 1, 1950, and before January 1, 1983, and— (i) (I) receives wages in any calendar year ending before January 1, 2004, on which there is imposed a tax under section 3101(a) of the Internal Revenue Code of 1986, or (II) derives self-employment income for a taxable year beginning before January 1, 2004, on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986, and (ii) has filed an election for participation in accordance with section 259. (2) Board \nThe term Board means the Individual Investment Board established under section 261. (3) Executive Director \nThe term Executive Director means the Executive Director appointed under section 262. (4) Part B totalization account \nThe term part B totalization account means an account established for a participant under section 252(d). (5) Tier I Investment Fund \nThe term Tier I Investment Fund means the trust fund created under section 253. (6) Tier II Investment Fund \nThe term Tier II Investment Fund means the trust fund created under section 254. (7) Tier III investment account \nThe term Tier III investment account means a trust established pursuant to section 255. 252. Individual investment of social security contributions; part B totalization accounts \n(a) Payments into Tier I Investment Fund \n(1) In general \nDuring each calendar year, the Secretary of the Treasury shall deposit into the Tier I Investment Fund (established under section 253), from amounts held in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal, in the aggregate, to 100 percent of the redirected social security contribution for such calendar year of each individual who is a participant for such calendar year. (2) Redirected social security contributions \nFor purposes of paragraph (1) the term redirected social security contributions of a participant for a calendar year means the product derived by multiplying— (A) the sum of the total wages paid to, and self-employment income derived by, the participant during such calendar year (taking into account limits imposed by the contribution and benefit base under section 230), by (B) 6.2 percent. (3) Transfers based on estimates \nThe amounts deposited pursuant to paragraph (1) shall be transferred in at least monthly payments from the Federal Old-Age and Survivors Insurance Trust Fund to the Tier I Investment Fund, such amounts to be determined on the basis of estimates, by the Commissioner of Social Security and certified to the Secretary of the Treasury under part A, of the wages paid to, and self-employment income derived by, participants, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than actual amounts. (4) Separate accounting and crediting \n(A) In general \nSubject to this paragraph, the Board shall provide, after the close of each calendar year, for prompt accounting of the amounts deposited in the Tier I Investment Fund with respect to each participant during such calendar year to such individual’s part B totalization account (established under subsection (d)), together with properly allocated increases and decreases in such amounts reflecting the net returns from investment of the balance of the Fund during such year under section 253. For purposes of determining such increases and decreases in such amounts for each calendar year, the amounts deposited into the Fund in connection with any participant during such calendar year shall be deemed to have been deposited on June 30 of such year. (B) Crediting \nUnder such accounting, amounts deposited into the Fund during each calendar year with respect to the redirected social security taxes of each participant (including net returns and losses from the investment Fund attributed to such amounts under this paragraph) shall be credited to such participant’s part B totalization account not later than the end of the succeeding calendar year. (b) Transfers into Tier II Investment Fund \n(1) In general \nUpon the crediting to a participant’s part B totalization account of any amount held in the Tier I Investment Fund for any calendar year, the Board shall (except as provided in section 260(a)(2)) transfer the amount so credited to such account from the Tier I Investment Fund into the Tier II Investment Fund (established under section 254). (2) Separate accounting and crediting \nSubject to this paragraph, the Board shall provide for ongoing separate accounting in the participant’s part B totalization account of the amounts deposited in the Tier II Investment Fund with respect to such participant during each calendar year, together with any increases or decreases therein for such year so as to reflect the net returns and losses from investment thereof under section 254 while held in the Tier II Investment Fund during such year. (c) Deposits to Tier III investment accounts \n(1) In general \nIn any case in which, as of the end of any calendar year, the total balance in the Tier II Investment Fund credited to the participant’s part B totalization account exceeds for the first time the minimum deposit balance, the Board shall, by regulation, provide for an opportunity for such participating individual to make, at any time thereafter, such individual’s first election of a Tier III investment account for investment of an amount credited to the participant’s part B totalization account. Such election may be in lieu of or in addition to investment in any option available with respect to the Tier II Investment Fund. (2) Minimum deposit balance \n(A) In general \nSubject to subparagraph (B), the term `minimum deposit balance' means an amount equal to $10,000. (B) Adjustments \nThe Board shall adjust annually (effective for years after December 2005) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00. (3) Subsequent investment \nAt any time after a participant’s first election of a Tier III investment account pursuant to paragraph (1), the participant may invest any portion of the balance credited to the participant’s part B totalization account in a Tier III investment account, the Tier II Investment Fund, or any combination thereof, as elected by the participant from time to time in accordance with regulations of the Board under this part. (d) Accounting for total invested amounts by means of part B totalization accounts \n(1) Establishment of accounts \nAs soon as practicable after the later of January 1, 2005, or the date on which an individual becomes a participant under this part, the Executive Director shall establish and maintain a part B totalization account for such participant. Such account shall be the means by which amounts held in the Tier I Investment Fund, the Tier II Investment Fund, and any Tier III investment account of such participant are credited to such participant under this part, under procedures which shall be established by the Board by regulation. The part B totalization account of a participant shall be identified to such participant by means of the participant’s social security account number. (2) Account balance \nThe balance in a participant’s part B totalization account at any time is the sum of— (A) any balance in the Tier I Investment Fund credited to such participant’s part B totalization account prior to transfer to the Tier II Investment Fund under section 252(b)(1); plus (B) the excess of— (i) all deposits in the Tier II Investment Fund credited to such participant’s part B totalization account under subsection (a) (including the proceeds of any sale by such participant, as provided in section 257(e), of any recognition bond issued in the name of the participant under section 257(b)), subject to such increases and reductions as may result from allocations made to and reductions made in the account pursuant to paragraph (3)(A) with respect to amounts in the Tier II Investment Fund; over (ii) amounts credited to such participant’s part B totalization account under subsection (a) paid out of the Tier II Investment Fund under this part; plus (C) the excess of— (i) the deposits to any Tier III investment account of such participant, subject to such increases and reductions as may result from allocations made to and reductions made in the Tier III investment account pursuant to paragraph (3)(B); over (ii) amounts paid out of such participating individual’s Tier III investment account under this part. (3) Allocation of earnings and losses \nPursuant to regulations which shall be prescribed by the Board, the Executive Director shall allocate to the part B totalization account of each participant an amount equal to the net earnings and net losses from each investment of sums— (A) in the Tier II Investment Fund which are attributable to sums credited to such participant’s part B totalization account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director; and (B) in any Tier III investment account of such participant, reduced by administrative expenses. (e) Treatment of transfers \nTransfers from the Federal Old-Age and Survivors Insurance Trust Fund to the Tier I Investment Fund and transfers among the Tier I Investment Fund, Tier II Investment Fund, and Tier III investment accounts under this part shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on budget outlays of the United States Government. 253. Tier I Investment Fund \n(a) Establishment of Tier I Investment Fund \nThere is established in the Treasury of the United States a trust fund to be known as the Tier I Investment Fund. The Board shall serve as trustees of such Fund. The Fund consists of all amounts derived from payments into the Fund under section 252(a) and remaining after investment of such amounts under subsection (b) of this section, including additional amounts derived as income from such investments. The amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (1) to be held for investment on behalf of participants under subsection (b), (2) to pay the administrative expenses related to the Fund and to investment under subsection (b), (3) to make transfers to the Tier II Investment Fund under section 252(b) or to Tier III investment accounts under section 252(c), (4) to make payments under section 260(a)(2), and (5) to make lump sum distributions under subsections (c) and (d). (b) Investment of Fund balance \nFor purposes of investment of the Tier I Investment Fund, the Board shall contract with appropriate professional asset managers selected for investment of amounts held in the Fund, so as to provide for investment of the balance of the Fund, in a manner providing broad diversification in accordance with regulations of the Board, in certificates of deposit or other instruments or obligations selected by such asset managers, which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time. (c) Retirement distribution \nAs soon as practicable after the commencement of the distribution under section 256 of assets credited to a participant’s part B totalization account, the amount of any assets in the Tier I Investment Fund credited to such account shall be distributed to such participant in a lump sum, under rules established by the Board. (d) Lump sum payment to estate upon death of participant \nUpon the death of a participant, the amount of any assets in the Tier I Investment Fund credited to such participant’s part B totalization account shall be transferred in a lump sum, under rules established by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, in accordance with regulations which shall be prescribed by the Board, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to such participant’s estate. 254. Tier II Investment Fund \n(a) Establishment of Tier II Investment Fund \nThere is established in the Treasury of the United States a trust fund to be known as the Tier II Investment Fund. The Board shall serve as trustees of such Fund. The Fund consists of all amounts derived from payments into the Fund under section 252(b)(1) and remaining after investment of such amounts under subsection (b) of this section, including additional amounts derived as income from such investments. The amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (1) to be held for investment under subsection (b), (2) to pay the administrative expenses related to the Fund and to investment under subsection (b), (3) to make transfers to Tier III investment accounts under section 252(c)(1), (4) to make retirement distributions in accordance with section 256, and (5) to make lump sum distributions under section 256 and subsection (c) of this section. (b) Investment in equities and fixed income instruments in management accounts \n(1) In general \nFor purposes of investment of the Tier II Investment Fund, the Board shall divide the Fund into multiple management accounts. Such accounts shall consist of the 60/40 management account and 2 or more additional management accounts providing for investment in each account in a combination of equities and fixed income instruments in accordance with prescribed percentages, as provided in paragraph (2). The Board shall contract with appropriate investment managers selected for investment of amounts held in each management account. (2) Rules relating to management accounts \n(A) In general \nThe investment manager selected for investment of amounts held in each management account referred to in paragraph (1) shall invest such amounts under regulations which shall be prescribed by the Board so as to ensure, to the maximum extent practicable, that, of the total balance in the Fund credited to such account and available for investment (after allowing for administrative expenses)— (i) the prescribed equities percentage is invested in equities in accordance with paragraph (4), and (ii) the prescribed fixed income instrument percentage is invested in fixed income instruments in accordance with paragraph (5). (B) Prescribed percentages \nFor purposes of subparagraph (A)— (i) The 60/40 management account \nIn the case of the 60/40 management account— (I) the prescribed equities percentage is 60 percent, and (II) the prescribed fixed income instrument percentage is 40 percent. (ii) Other management accounts \nIn the case of any other management account— (I) the prescribed equities percentage is a prescribed percentage not in excess of 80 percent, and (II) the prescribed fixed income instrument percentage is the remaining percentage of the amount invested in the management account. (3) Election of management accounts \n(A) Default management account \nExcept as provided in an election in effect under subparagraph (B), amounts held in the Tier II Investment Fund shall be credited to the 60/40 management account. (B) Election of transfers between management accounts \nPursuant to the written election, filed in accordance with regulations of the Board and received by the Secretary of the Treasury during an applicable election month by a participant who has an amount credited to such participant’s part B totalization account invested in any of the management accounts in the Tier II Investment Fund, the Secretary of the Treasury shall transfer such amount from such account to any of the other management accounts in the Tier II Investment Fund (whichever is designated in such election). (C) Applicable election month \nFor purposes of subparagraph (B), the term applicable election month , in connection with a participant, means— (i) the calendar month in which occurs the anniversary of such participant’s birth, and (ii) the 6th calendar month following such month. (4) Investment in equities \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by equities selected for investment of amounts in any management account in the Tier II Investment Fund pursuant to paragraph (2)(A)(i). In conformity with such standards, the Board shall select, for purposes of such investment, indices which are comprised of equities the aggregate market value of which is, in each case, a reasonably broad representation of companies whose shares are traded on the equity markets. Amounts invested in equities by each investment manager shall be held in a portfolio designed to replicate the performance of one or more of such indices. (5) Investment in fixed income instruments \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by fixed income instruments selected for investment of amounts in any management account in the Tier II Investment Fund pursuant to paragraph (2)(A)(ii). Such standards shall take into account the competing considerations of risk and return. Amounts invested in fixed income instruments by each investment manager shall be held in a portfolio which shall consist of a diverse range of fixed income instruments, taking into full account the opposing considerations of risk and maximization of return. (c) Periodic reports by Board \n(1) In general \nThe Board shall make periodic reports concerning the status of the investment in the Tier II Investment Fund of amounts credited to each participant’s part B totalization account. Each periodic report shall be furnished to the participant on at least a semiannual basis on or before the 60th day following the period for which the report is required. (2) Information required to be included \nThe periodic report shall contain the following information for transactions occurring during the period for which the report is provided: (A) The balance in the Tier II Investment Fund credited to the participant’s part B totalization account. (B) The rate of return on such balance for the period covered, set forth separately for each management account in the case of an investment in 2 or more management accounts during the period. (C) The amount of authorized contributions made to the Tier II management account and credited to the participant’s part B totalization account. (D) The name and address of the Board. (E) Commission fees and fees for administrative expenses charged in connection with the investment in the Tier II Improvement Fund during the period. (F) Other information which may be required from time to time by the Board. The language of the report shall be written in a form so as to be understood by the average participant. (d) Lump sum payment to estate upon death of participant \nUpon the death of a participant, the amount of any assets in the Tier II Investment Fund credited to such participant’s part B totalization account shall be transferred in a lump sum, under rules established by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, in accordance with regulations which shall be prescribed by the Board, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to such individual's estate. 255. Tier III investment accounts \n(a) Designation of Tier II investment accounts \nUnder regulations prescribed by the Board, a participant, upon the initial attainment of a minimum deposit balance in amounts in the Tier II Investment Fund credited to the participant’s part B totalization account, as described in section 252(c), may designate to the Board, in such form and manner as shall be prescribed in such regulations, a Tier III investment account to which deposits with respect to the individual are to be made under section 252(c). The individual may designate another Tier III investment account in lieu of any account previously designated, in accordance with regulations of the Board. (b) Definition \nFor purposes of this part, the term Tier III investment account means a trust created or organized in the United States for the exclusive benefit of a participant or his beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: (1) Restricted contributions \nNo contribution will be accepted unless it is in the form of a deposit to the account pursuant to section 252(c)(1). (2) Trustee requirements \nThe trustee is— (A) a bank (as defined in section 581 of the Internal Revenue Code of 1986), (B) an insured credit union (as defined in section 101(6) of the Federal Credit Union Act), (C) a corporation which, under the laws of the State of its incorporation, is subject to supervision and examination by the Commissioner of Banking or other officer of such State in charge of the administration of the banking laws of such State, (D) a regulated investment company (as defined in section 851 of the Internal Revenue Code of 1986) for which an election is in effect under section 851(b)(1) of such Code, or (E) any other person designated by the Board under regulations prescribed under this paragraph, but only if the trustee demonstrates to the satisfaction of the Board that its portfolio assets either replicate the assets of a broad-based index of equities or fixed income instruments which is approved by the Board or are of a type that the Board has determined not to involve high risks for the investor, and that the manner in which it will administer the trust will be consistent with the requirements of this section. (3) Nonforfeitability \nThe interest of an individual in the balance of his account is nonforfeitable. (4) Diversification \nThe investment options made available to participants by the trustee include reasonably diversified options of equities, fixed income instruments, or a combination of both. (5) Separation of assets \nThe assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (c) Investment standards \nThe trustee of a Tier III investment account shall invest amounts credited to the part B totalization account of a participant which are held in such account in accordance with standards which shall be prescribed by the Board by regulation. Such standards shall ensure that investments made available to participants by the trustee are reasonably diversified, that assets held in a Tier III investment account are nonforfeitable, and that the trustee complies with applicable fiduciary requirements. (d) Periodic reports by account trustee \n(1) In general \nThe trustee of a participant’s Tier III investment account shall, in accordance with regulations of the Board, make periodic reports concerning the status of the account which shall meet the requirements of this section. Each periodic report shall be furnished to the participant on at least a semiannual basis on or before the 60th day following the period for which the report is required. (2) Information required to be included \nThe periodic report shall contain the following information for transactions occurring during the period for which the report is provided: (A) The balance in the Tier III investment account. (B) The rate of return for the period covered. (C) The amount of authorized account contributions. (D) The name and address of the trustee. (E) Commission fees and fees for administrative expenses charged in connection with the account. (F) Other information which may be required from time to time by the Board. The language of the report shall be written in a form so as to be understood by the average participant. (3) Reports to Board \nThe Board may require the periodic report to be filed with the Board at such time as the Board may specify in regulations under this section, except that at least 1 periodic report filed annually with Board shall provide information with respect to the account as of December 31 preceding the date of the issuance of the report. (4) Failure by trustee to make timely periodic reports \n(A) In general \nThe trustee of a Tier III investment account shall be subject to a civil penalty of not to exceed $100 a day from the date of such trustee's failure or refusal to furnish the periodic report required to be furnished by the trustee under this subsection until the date on which such report is furnished. (B) Penalties assessed by Board \nAny civil penalty assessed by this paragraph shall be imposed by the Board and collected in a civil action. The Board may compromise the amount of any civil penalty imposed by this paragraph. The Board may waive the application of this paragraph with respect to any failure if the Board determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations. (e) Lump sum payment to estate upon death of account holder \nUpon the death of a participant who has an amount credited to such participant’s part B totalization account invested in a Tier III investment account, such amount shall be distributed in a lump sum distribution, under rules established by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, in accordance with regulations which shall be prescribed by the Board, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to the participant’s estate. 256. Retirement distributions \n(a) In general \nExcept as provided in this section, amounts credited to a participant’s part B totalization account may be distributed to the participant only on and after the participant’s retirement date. Such distribution shall be in the form of— (1) an individual social security annuity meeting the requirements of subsection (b), (2) a programmed withdrawal meeting the requirements of subsection (c), or (3) a combination, meeting the requirements of subsection (d), of an individual social security annuity (meeting the requirements of paragraph (2)) and a lump sum distribution. Not later than the date on which the participant attains age 62, and at any other time upon the request of the participant, the Board shall notify the participant of the most recent listing of forms of distribution approved under this section and the entitlement (if any) of the participant to such a distribution. (b) Retirement date \nFor purposes of this section, the term retirement date , in connection with a participant, means the earlier of— (1) any date as of which the participant has attained retirement age (as defined in section 216(l)(1)), or (2) the date designated for distribution of the balance in the participant’s part B totalization account pursuant to section 260. (c) Purchase of annuities \n(1) In general \n(A) Selection of annuity \nOn the participant’s retirement date, the participant may purchase an individual social security annuity selected from among the annuities approved by the Board under paragraph (2). (B) Transfer of assets \nUpon the selection by a participant under subparagraph (A), the Board shall provide for the transfer of all assets credited to the participant’s part B totalization account and determined under regulations of the Board to be available for distribution to purchase the annuity selected by the individual. (2) Approval of individual social security annuities \n(A) Certification of issuers \n(i) In general \nThe Board shall certify issuers eligible to enter into annuity contracts with participants under this subsection. (ii) Application \nAny issuer that desires to be certified by the Board to issue an individual social security annuity shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Separation from other operations \nAs a condition of certification under this subparagraph, each issuer shall maintain each individual social security annuity issued by such issuer separate from all other operations of the issuer. (iv) Exemption from third party claims \nEach individual social security annuity shall be exempt from any and all third party claims against the issuer. (B) Approval of individual social security annuities \n(i) In general \nNo funds may be transferred into an individual social security annuity unless the Board has approved an application submitted under clause (ii) with respect to the annuity. (ii) Application \nWith respect to each individual social security annuity that an issuer certified under subparagraph (A)(i) seeks to issue, such issuer shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Qualifications for approval \nThe Board may not approve an application under clause (i) unless the individual social security annuity that is the subject of the application meets qualifications which shall be specified in regulations of the Board. Such qualifications shall include the safety and soundness of the annuity, the experience and record of performance of the issuer issuing the annuity, and such other factors as the Board may determine appropriate. (d) Programmed withdrawal \nOn the participant’s retirement date, the participant may elect distribution under this section of the balance credited to the participant’s part B totalization account as provided in this subsection. Such distribution shall be in the form of a combination of— (1) equal annual or more frequent periodic installments of the principal portion of the balance over twice his or her life expectancy, and (2) any distribution of any remaining balance in accordance with this section. Any distribution described in paragraph (2) shall be limited to the extent necessary to ensure that remaining funds credited to the account are sufficient to provide periodic installments under paragraph (1) at least, on an annual basis, equal to (determined under reasonable actuarial assumptions) 120 percent of the poverty line (as determined on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (e) Combination of lump sum payment and annuity \nOn the participant’s retirement date, the participant may elect distribution under this section of the balance credited to the participant’s part B totalization account as provided in this subsection. Such distribution shall be in the form of a combination of a lump sum payment and an annuity approved under subsection (b). Any such lump sum payment shall be limited to the extent necessary to ensure that remaining funds credited to the account are sufficient to provide, through the purchase of such an annuity, a monthly payment over the life expectancy of the participant (determined under reasonable actuarial assumptions) which is at least, on an annual basis, equal to 120 percent of the poverty line (as determined on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (f) Lump sum distributions of de minimis amounts \nIn any case in which, as of the date on which the participant attains retirement age (as defined in section 216(l)(1)), a distribution under this section has not commenced, and the total amount of the assets credited to the participant’s part B totalization account is less than the minimum deposit balance (as defined in section 252(c)(2)(B)), the preceding provisions of this section shall not apply, and such assets shall be distributed to the participant in a lump sum upon the request of the participant, under rules established by the Board. (g) Protection from assignment or alienation \nPayments in the form of distributions from the Tier II Investment Fund or a Tier III investment account may not be assigned or alienated. 257. Recognition bonds \n(a) Certification of credited wages and self-employment income \nNot later than July 1 following the effective date of an election to become a participant filed by an individual under section 259, the Commissioner of Social Security shall certify to the Secretary of the Treasury whether such individual was, as of immediately before such effective date, credited with wages and self-employment income under part A. (b) Issuance of bond \nImmediately upon receipt of certification under subsection (a) that an individual is credited with wages and self-employment income under part A, the Secretary of the Treasury shall issue a recognition bond in the name of such individual as an obligation of the United States, which shall be deposited in the Tier II Investment Fund and held in such Fund for such individual together with such individual’s part B totalization account. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance of public debt obligations consisting of recognition bonds issued under this paragraph. Each such obligation shall be evidenced by a paper instrument issued by the Secretary of the Treasury setting forth the terms specified in this section, and stating on its face that the obligation shall be incontestable in the hands of the bearer, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation, in accordance with the provisions of this section. (c) Calculation of face value \n(1) In general \nThe face value of a recognition bond issued in the name of an individual under this section shall be the actuarial present value of the future monthly insurance benefits under part A to which such individual would have been entitled, and to which other individuals would have been entitled under part A based on such individual’s wages and self-employment income, determined under then current law but as if section 215(j) did not apply and subject to paragraph (2) of this subsection. (2) Assumptions \nThe actuarial present value determined under paragraph (1) shall be determined— (A) taking into account solely wages and self-employment income credited to such individual as of the effective date of the election referred to in subsection (a), (B) assuming that such individual would become entitled to disability insurance benefits under section 223 (in lieu of old-age insurance benefits under section 202(a)) on the day such individual would attain retirement age (as defined in section 216(l)), except that, in computing average indexed monthly earnings under section 215(b), the number of such individual’s benefit computation years shall be determined without regard to any reduction in the number of elapsed years under section 215(b)(2)(A), and (C) using reasonable actuarial assumptions, including reasonable current age-specific and gender-specific expected mortality rates. (d) Redemption \nA bond issued in the name of any participant under this section shall be redeemable (by the participant or other person bearing the bond after sale or resale pursuant to subsection (e)) on or after the date on which such participant would attain retirement age (as defined in section 216(l)(1)), for the amount of the face value. (e) Negotiability and crediting of proceeds to part B totalization account \nA recognition bond issued in the name of a participant under this section shall not be taken into account in determining the amount credited to the participant’s part B totalization account. Such bond shall be fully tradable on the secondary markets under such procedures as may be provided in regulations of the Board, and any amount derived by the participant from the sale of such bond shall be deposited in the Tier II Investment Fund and shall be included in the total amount credited to such participant’s part B totalization account. 258. Supplemental minimum benefit payments \n(a) In general \nIn any case in which— (1) a participant attains retirement age (as defined in section 216(l)(1)), (2) as of the date such participant attains such age, no distribution from amounts credited to the participant’s part B totalization account has been made to the participant under section 260, and (3) as of such date, the balance in the participant’s part B totalization account does not exceed the minimum annuity amount, the Board shall promptly notify the participant of the participant’s eligibility for a supplemental minimum benefit payment under this section. The participant, upon application to the Board filed by the participant on or after such date and in such form and manner as shall be prescribed by the Board, shall be entitled to a supplemental minimum benefit payment either to the Tier II Investment Fund (to the credit of the participant’s part B totalization account) or to the participant’s Tier III investment account, as may be specified by the participant in such application. Upon receipt of such application, the Board shall certify to the Secretary of the Treasury the amount of such payment, and such Secretary shall pay the amount of such payment to such Fund or such Tier III investment account in accordance with such certification from funds otherwise available in the general fund of the Treasury. (b) Amount of supplemental minimum benefit payment \nThe amount of a supplemental minimum benefit payment payable with respect to a participant under subsection (a) is the excess (if any) of— (1) the minimum annuity amount as of the date described in subsection (a), over (2) the amount credited to the participant’s part B totalization account. (c) Married couples \nIn the case of any 2 participants who are married, subsection (a) shall apply with respect to each such participant, upon the joint written request of such participants, by totalling the balances in the accounts referred to in subsection (a) of both such individuals. (d) Protection from assignment or alienation \nAny supplemental minimum benefit payment under this section may not be assigned or alienated. (e) Minimum annuity amount \n(1) In general \nFor purposes of this section, the term minimum annuity amount means an amount necessary to purchase, as of the date described in subsection (a), an immediate life annuity which provides for payments which are, on an annual basis, at least equal to 120 percent of the poverty line (as in effect on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (2) Immediate life annuity \nFor purposes of paragraph (1), the term immediate life annuity means an annuity— (A) the annuity starting date (as defined in section 72(c)(4) of the Internal Revenue Code of 1986) of which commences with the first month following the date described in subsection (a), and (B) which provides for a series of substantial equal annual payments over the life expectancy of the participant. 259. Election for participation \n(a) In general \nAny individual who— (1) is not a participant (within the meaning of section 251(1)(A)), (2) meets the requirements of clause (i) of section 251(1)(B), (3) has not attained retirement age (as defined in section 216(l)(1)), and (4) has not become entitled to old-age insurance benefits under section 202(a), may file with the Board under this section, in such form and manner as shall be prescribed in regulations of the Board, a written form electing the status of participant for purposes of this part. On and after the effective date of the election, such individual shall be treated as a participant under this part. (b) Effective date of election \nAn election under this section shall take effect on January 1 of the first calendar year beginning after 60 days after the date of the filing of the election in accordance with subsection (a). (c) Irrevocability \nAny election under this section shall be irrevocable. 260. Early distribution and termination of participation in program \n(a) In general \nIn any case in which the amount credited to a participant’s part B totalization account as of any date prior to the date on which the participant attains retirement age (as defined in section 216(l)(1)) equals at least the amount necessary to purchase an immediate life annuity which provides for payments which are, on an annual basis, at least equal to 120 percent of the poverty line (as in effect on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )), the Board shall promptly so inform the participant, and, upon application of the participant filed with the Board under this section in accordance with regulations of the Board— (1) the Board shall commence distribution under section 256 of the amount credited to such participant’s part B totalization account, and (2) in lieu of the transfer, after the date of the commencement of such distribution, of any amount credited to such participant’s part B totalization account from the Tier I Investment Fund to the Tier II Investment Fund or a Tier III investment account, the Board shall provide for the direct payment of such amount to the participant. (b) Immediate life annuity \nFor purposes of subsection (a), the term immediate life annuity means an annuity— (1) the annuity starting date (as defined in section 72(c)(4) of the Internal Revenue Code of 1986) of which commences with the first month following the date referred to in subsection (a), and (2) which provides for a series of substantial equal annual payments over the life expectancy of the participant. (c) Married couples \nIn the case of any 2 participants who are married, subsection (a) shall apply with respect to each such participant, upon the joint written request of such participants, by totalling the balances in the accounts referred to in subsection (a) of both such individuals. 261. Individual Investment Board \n(a) Establishment \nThere is established in the executive branch of the Government an Individual Investment Board. (b) Composition \nThe Board shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and (2) 2 members appointed by the President, of whom— (A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; and (B) 1 shall be appointed by the President after taking into consideration the recommendation made by the Majority Leader of the Senate in consultation with the Minority Leader of the Senate. (c) Advice and consent \nAppointments under subsection (b) shall be made by and with the advice and consent of the Senate. (d) Membership requirements \nMembers of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments \n(1) Terms \nA member of the Board shall be appointed for a term of 4 years, except that of the members first appointed under subsection (b)— (A) the Chairman shall be appointed for a term of 4 years; (B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and (C) the remaining members shall be appointed for terms of 2 years. (2) Vacancies \n(A) In general \nA vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Completion of term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (3) Expiration \nThe term of any member shall not expire before the date on which the member's successor takes office. (f) Duties \nThe Board shall— (1) administer the program established under this part; (2) establish policies for the investment and management of the Tier I Investment Fund, the Tier II Investment Fund, and Tier III investment accounts, including policies applicable to the asset managers with responsibility for managing the investment of individual investment account balances, and for the management and operation of individual social security annuities purchased with Tier II Investment Fund assets, which shall provide for— (A) prudent investments suitable for accumulating funds for payment of retirement income; (B) sound management practices; and (C) low administrative costs; (3) review the performance of investments made for the Tier I Investment Fund and the Tier II Investment Fund; (4) review the management and operation of individual social security annuities purchased with Tier II Investment Fund assets; (5) review the performance of investments made under Tier III investment accounts; (6) review and approve the budget of the Board; and (7) comply with the fiduciary requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (relating to fiduciary responsibility) in connection with any exercise of discretion in connection with the assets of the Tier I Investment Fund or the Tier II Investment Fund. (g) Administrative provisions \n(1) In general \nThe Board may— (A) adopt, alter, and use a seal; (B) except as provided in paragraph (4), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this part and the policies of the Board in accordance with delegations under this part; (C) upon the concurring votes of 4 members, remove the Executive Director from office for good cause shown; (D) provide to the Executive Director such resources as are necessary to carry out the duties of the Executive Director; and (E) take such other actions as may be necessary to carry out the functions of the Board. (2) Meetings \nThe Board shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (3) Exercise of powers \n(A) In general \nExcept as provided in paragraph (1)(C), the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. Three members of the Board shall constitute a quorum for the transaction of business. (B) Vacancies \nA vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board. (4) Limitations on investments \nThe Board may not direct any person to invest or to cause to be invested any sums in the Tier II Investment Fund or any Tier III investment account in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund or any such account. (h) Compensation \n(1) In general \nEach member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (2) Expenses \nA member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Board. (3) Source of funds \nPayments authorized under this subsection shall be paid from the Tier I Investment Fund or the Tier II Investment Fund, as determined appropriate by the Board. (i) Discharge of responsibilities \nThe members of the Board shall discharge their responsibilities solely in the interest of the participants and their beneficiaries under this part. (j) Annual independent audit \nThe Board shall annually engage an independent qualified public accountant to audit the activities of the Board. (k) Submission of budget to Congress \nThe Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to Congress under section 1105 of title 31, United States Code. (l) Submission of legislative recommendations \nThe Board may submit to the President, and, at the same time, shall submit to each House of Congress, any legislative recommendations of the Board relating to any of its functions under this part or any other provision of law. 262. Executive Director of the Individual Investment Board \n(a) Appointment of Executive Director \nThe Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (b) Duties \nThe Executive Director shall, as determined appropriate by the Board— (1) carry out the policies established by the Board; (2) invest and manage the Tier I Investment Fund and the Tier II Investment Fund in accordance with the investment policies and other policies established by the Board; (3) administer the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; and (4) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this part relating to the Tier I Investment Fund and the Tier II Investment Fund. (c) Administrative authority \nThe Executive Director may, within the scope of the duties of the Executive Director as determined by the Board— (1) appoint such personnel as may be necessary to carry out the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; (2) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; (3) secure directly from an Executive agency, the United States Postal Service, or the Postal Rate Commission any information necessary to carry out the provisions of this part and the policies of the Board relating to the Tier I Investment Fund and the Tier II Investment Fund; (4) make such payments out of sums in the Tier I Investment Fund and the Tier II Investment Fund as the Executive Director determines, in accordance with regulations of the Board, are necessary to carry out the provisions of this part and the policies of the Board; (5) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (1), (2), and (6) from the Tier I Investment Fund or the Tier II Investment Fund, in accordance with regulations of the Board; (6) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, authorized by section 5703 of title 5, United States Code, including per diem as authorized by section 5702 of such title; (7) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (8) take such other actions as are appropriate to carry out the functions of the Executive Director.. (b) Effective date \nThe amendments made by this section shall apply with respect to wages paid after December 31, 2004, for pay periods ending after such date and self-employment income for taxable years beginning after such date.", "id": "HD30EDD32C4E549329900C7DE67587F1E", "header": "Establishment of Individual Social Security Investment Program" }, { "text": "251. Definitions \nFor purposes of this part— (1) Participant \nThe term participant means— (A) any individual who is born on or after January 1, 1983, and— (i) receives wages in any calendar year after December 31, 2004, on which there is imposed a tax under section 3101(a) of the Internal Revenue Code of 1986, or (ii) derives self-employment income for a taxable year beginning after December 31, 2004, on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986, and (B) any individual who is born on or after January 1, 1950, and before January 1, 1983, and— (i) (I) receives wages in any calendar year ending before January 1, 2004, on which there is imposed a tax under section 3101(a) of the Internal Revenue Code of 1986, or (II) derives self-employment income for a taxable year beginning before January 1, 2004, on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986, and (ii) has filed an election for participation in accordance with section 259. (2) Board \nThe term Board means the Individual Investment Board established under section 261. (3) Executive Director \nThe term Executive Director means the Executive Director appointed under section 262. (4) Part B totalization account \nThe term part B totalization account means an account established for a participant under section 252(d). (5) Tier I Investment Fund \nThe term Tier I Investment Fund means the trust fund created under section 253. (6) Tier II Investment Fund \nThe term Tier II Investment Fund means the trust fund created under section 254. (7) Tier III investment account \nThe term Tier III investment account means a trust established pursuant to section 255.", "id": "H8F0F59000164432DB5B0B9A9A26F3300", "header": "Definitions" }, { "text": "252. Individual investment of social security contributions; part B totalization accounts \n(a) Payments into Tier I Investment Fund \n(1) In general \nDuring each calendar year, the Secretary of the Treasury shall deposit into the Tier I Investment Fund (established under section 253), from amounts held in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal, in the aggregate, to 100 percent of the redirected social security contribution for such calendar year of each individual who is a participant for such calendar year. (2) Redirected social security contributions \nFor purposes of paragraph (1) the term redirected social security contributions of a participant for a calendar year means the product derived by multiplying— (A) the sum of the total wages paid to, and self-employment income derived by, the participant during such calendar year (taking into account limits imposed by the contribution and benefit base under section 230), by (B) 6.2 percent. (3) Transfers based on estimates \nThe amounts deposited pursuant to paragraph (1) shall be transferred in at least monthly payments from the Federal Old-Age and Survivors Insurance Trust Fund to the Tier I Investment Fund, such amounts to be determined on the basis of estimates, by the Commissioner of Social Security and certified to the Secretary of the Treasury under part A, of the wages paid to, and self-employment income derived by, participants, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than actual amounts. (4) Separate accounting and crediting \n(A) In general \nSubject to this paragraph, the Board shall provide, after the close of each calendar year, for prompt accounting of the amounts deposited in the Tier I Investment Fund with respect to each participant during such calendar year to such individual’s part B totalization account (established under subsection (d)), together with properly allocated increases and decreases in such amounts reflecting the net returns from investment of the balance of the Fund during such year under section 253. For purposes of determining such increases and decreases in such amounts for each calendar year, the amounts deposited into the Fund in connection with any participant during such calendar year shall be deemed to have been deposited on June 30 of such year. (B) Crediting \nUnder such accounting, amounts deposited into the Fund during each calendar year with respect to the redirected social security taxes of each participant (including net returns and losses from the investment Fund attributed to such amounts under this paragraph) shall be credited to such participant’s part B totalization account not later than the end of the succeeding calendar year. (b) Transfers into Tier II Investment Fund \n(1) In general \nUpon the crediting to a participant’s part B totalization account of any amount held in the Tier I Investment Fund for any calendar year, the Board shall (except as provided in section 260(a)(2)) transfer the amount so credited to such account from the Tier I Investment Fund into the Tier II Investment Fund (established under section 254). (2) Separate accounting and crediting \nSubject to this paragraph, the Board shall provide for ongoing separate accounting in the participant’s part B totalization account of the amounts deposited in the Tier II Investment Fund with respect to such participant during each calendar year, together with any increases or decreases therein for such year so as to reflect the net returns and losses from investment thereof under section 254 while held in the Tier II Investment Fund during such year. (c) Deposits to Tier III investment accounts \n(1) In general \nIn any case in which, as of the end of any calendar year, the total balance in the Tier II Investment Fund credited to the participant’s part B totalization account exceeds for the first time the minimum deposit balance, the Board shall, by regulation, provide for an opportunity for such participating individual to make, at any time thereafter, such individual’s first election of a Tier III investment account for investment of an amount credited to the participant’s part B totalization account. Such election may be in lieu of or in addition to investment in any option available with respect to the Tier II Investment Fund. (2) Minimum deposit balance \n(A) In general \nSubject to subparagraph (B), the term `minimum deposit balance' means an amount equal to $10,000. (B) Adjustments \nThe Board shall adjust annually (effective for years after December 2005) the dollar amount set forth in subparagraph (A) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00. (3) Subsequent investment \nAt any time after a participant’s first election of a Tier III investment account pursuant to paragraph (1), the participant may invest any portion of the balance credited to the participant’s part B totalization account in a Tier III investment account, the Tier II Investment Fund, or any combination thereof, as elected by the participant from time to time in accordance with regulations of the Board under this part. (d) Accounting for total invested amounts by means of part B totalization accounts \n(1) Establishment of accounts \nAs soon as practicable after the later of January 1, 2005, or the date on which an individual becomes a participant under this part, the Executive Director shall establish and maintain a part B totalization account for such participant. Such account shall be the means by which amounts held in the Tier I Investment Fund, the Tier II Investment Fund, and any Tier III investment account of such participant are credited to such participant under this part, under procedures which shall be established by the Board by regulation. The part B totalization account of a participant shall be identified to such participant by means of the participant’s social security account number. (2) Account balance \nThe balance in a participant’s part B totalization account at any time is the sum of— (A) any balance in the Tier I Investment Fund credited to such participant’s part B totalization account prior to transfer to the Tier II Investment Fund under section 252(b)(1); plus (B) the excess of— (i) all deposits in the Tier II Investment Fund credited to such participant’s part B totalization account under subsection (a) (including the proceeds of any sale by such participant, as provided in section 257(e), of any recognition bond issued in the name of the participant under section 257(b)), subject to such increases and reductions as may result from allocations made to and reductions made in the account pursuant to paragraph (3)(A) with respect to amounts in the Tier II Investment Fund; over (ii) amounts credited to such participant’s part B totalization account under subsection (a) paid out of the Tier II Investment Fund under this part; plus (C) the excess of— (i) the deposits to any Tier III investment account of such participant, subject to such increases and reductions as may result from allocations made to and reductions made in the Tier III investment account pursuant to paragraph (3)(B); over (ii) amounts paid out of such participating individual’s Tier III investment account under this part. (3) Allocation of earnings and losses \nPursuant to regulations which shall be prescribed by the Board, the Executive Director shall allocate to the part B totalization account of each participant an amount equal to the net earnings and net losses from each investment of sums— (A) in the Tier II Investment Fund which are attributable to sums credited to such participant’s part B totalization account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director; and (B) in any Tier III investment account of such participant, reduced by administrative expenses. (e) Treatment of transfers \nTransfers from the Federal Old-Age and Survivors Insurance Trust Fund to the Tier I Investment Fund and transfers among the Tier I Investment Fund, Tier II Investment Fund, and Tier III investment accounts under this part shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on budget outlays of the United States Government.", "id": "HB240CFF3EFD94C2700DC048E7372CB71", "header": "Individual investment of social security contributions; part B totalization accounts" }, { "text": "253. Tier I Investment Fund \n(a) Establishment of Tier I Investment Fund \nThere is established in the Treasury of the United States a trust fund to be known as the Tier I Investment Fund. The Board shall serve as trustees of such Fund. The Fund consists of all amounts derived from payments into the Fund under section 252(a) and remaining after investment of such amounts under subsection (b) of this section, including additional amounts derived as income from such investments. The amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (1) to be held for investment on behalf of participants under subsection (b), (2) to pay the administrative expenses related to the Fund and to investment under subsection (b), (3) to make transfers to the Tier II Investment Fund under section 252(b) or to Tier III investment accounts under section 252(c), (4) to make payments under section 260(a)(2), and (5) to make lump sum distributions under subsections (c) and (d). (b) Investment of Fund balance \nFor purposes of investment of the Tier I Investment Fund, the Board shall contract with appropriate professional asset managers selected for investment of amounts held in the Fund, so as to provide for investment of the balance of the Fund, in a manner providing broad diversification in accordance with regulations of the Board, in certificates of deposit or other instruments or obligations selected by such asset managers, which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time. (c) Retirement distribution \nAs soon as practicable after the commencement of the distribution under section 256 of assets credited to a participant’s part B totalization account, the amount of any assets in the Tier I Investment Fund credited to such account shall be distributed to such participant in a lump sum, under rules established by the Board. (d) Lump sum payment to estate upon death of participant \nUpon the death of a participant, the amount of any assets in the Tier I Investment Fund credited to such participant’s part B totalization account shall be transferred in a lump sum, under rules established by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, in accordance with regulations which shall be prescribed by the Board, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to such participant’s estate.", "id": "H412FD95CA43C45D5892B83D2B16DDDCC", "header": "Tier I Investment Fund" }, { "text": "254. Tier II Investment Fund \n(a) Establishment of Tier II Investment Fund \nThere is established in the Treasury of the United States a trust fund to be known as the Tier II Investment Fund. The Board shall serve as trustees of such Fund. The Fund consists of all amounts derived from payments into the Fund under section 252(b)(1) and remaining after investment of such amounts under subsection (b) of this section, including additional amounts derived as income from such investments. The amounts held in the Fund are appropriated and shall remain available without fiscal year limitation— (1) to be held for investment under subsection (b), (2) to pay the administrative expenses related to the Fund and to investment under subsection (b), (3) to make transfers to Tier III investment accounts under section 252(c)(1), (4) to make retirement distributions in accordance with section 256, and (5) to make lump sum distributions under section 256 and subsection (c) of this section. (b) Investment in equities and fixed income instruments in management accounts \n(1) In general \nFor purposes of investment of the Tier II Investment Fund, the Board shall divide the Fund into multiple management accounts. Such accounts shall consist of the 60/40 management account and 2 or more additional management accounts providing for investment in each account in a combination of equities and fixed income instruments in accordance with prescribed percentages, as provided in paragraph (2). The Board shall contract with appropriate investment managers selected for investment of amounts held in each management account. (2) Rules relating to management accounts \n(A) In general \nThe investment manager selected for investment of amounts held in each management account referred to in paragraph (1) shall invest such amounts under regulations which shall be prescribed by the Board so as to ensure, to the maximum extent practicable, that, of the total balance in the Fund credited to such account and available for investment (after allowing for administrative expenses)— (i) the prescribed equities percentage is invested in equities in accordance with paragraph (4), and (ii) the prescribed fixed income instrument percentage is invested in fixed income instruments in accordance with paragraph (5). (B) Prescribed percentages \nFor purposes of subparagraph (A)— (i) The 60/40 management account \nIn the case of the 60/40 management account— (I) the prescribed equities percentage is 60 percent, and (II) the prescribed fixed income instrument percentage is 40 percent. (ii) Other management accounts \nIn the case of any other management account— (I) the prescribed equities percentage is a prescribed percentage not in excess of 80 percent, and (II) the prescribed fixed income instrument percentage is the remaining percentage of the amount invested in the management account. (3) Election of management accounts \n(A) Default management account \nExcept as provided in an election in effect under subparagraph (B), amounts held in the Tier II Investment Fund shall be credited to the 60/40 management account. (B) Election of transfers between management accounts \nPursuant to the written election, filed in accordance with regulations of the Board and received by the Secretary of the Treasury during an applicable election month by a participant who has an amount credited to such participant’s part B totalization account invested in any of the management accounts in the Tier II Investment Fund, the Secretary of the Treasury shall transfer such amount from such account to any of the other management accounts in the Tier II Investment Fund (whichever is designated in such election). (C) Applicable election month \nFor purposes of subparagraph (B), the term applicable election month , in connection with a participant, means— (i) the calendar month in which occurs the anniversary of such participant’s birth, and (ii) the 6th calendar month following such month. (4) Investment in equities \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by equities selected for investment of amounts in any management account in the Tier II Investment Fund pursuant to paragraph (2)(A)(i). In conformity with such standards, the Board shall select, for purposes of such investment, indices which are comprised of equities the aggregate market value of which is, in each case, a reasonably broad representation of companies whose shares are traded on the equity markets. Amounts invested in equities by each investment manager shall be held in a portfolio designed to replicate the performance of one or more of such indices. (5) Investment in fixed income instruments \nIn accordance with regulations which shall be prescribed by the Board, the Board shall establish standards which must be met by fixed income instruments selected for investment of amounts in any management account in the Tier II Investment Fund pursuant to paragraph (2)(A)(ii). Such standards shall take into account the competing considerations of risk and return. Amounts invested in fixed income instruments by each investment manager shall be held in a portfolio which shall consist of a diverse range of fixed income instruments, taking into full account the opposing considerations of risk and maximization of return. (c) Periodic reports by Board \n(1) In general \nThe Board shall make periodic reports concerning the status of the investment in the Tier II Investment Fund of amounts credited to each participant’s part B totalization account. Each periodic report shall be furnished to the participant on at least a semiannual basis on or before the 60th day following the period for which the report is required. (2) Information required to be included \nThe periodic report shall contain the following information for transactions occurring during the period for which the report is provided: (A) The balance in the Tier II Investment Fund credited to the participant’s part B totalization account. (B) The rate of return on such balance for the period covered, set forth separately for each management account in the case of an investment in 2 or more management accounts during the period. (C) The amount of authorized contributions made to the Tier II management account and credited to the participant’s part B totalization account. (D) The name and address of the Board. (E) Commission fees and fees for administrative expenses charged in connection with the investment in the Tier II Improvement Fund during the period. (F) Other information which may be required from time to time by the Board. The language of the report shall be written in a form so as to be understood by the average participant. (d) Lump sum payment to estate upon death of participant \nUpon the death of a participant, the amount of any assets in the Tier II Investment Fund credited to such participant’s part B totalization account shall be transferred in a lump sum, under rules established by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, in accordance with regulations which shall be prescribed by the Board, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to such individual's estate.", "id": "H19971463E251452ABF8DEC00C0E9009D", "header": "Tier II Investment Fund" }, { "text": "255. Tier III investment accounts \n(a) Designation of Tier II investment accounts \nUnder regulations prescribed by the Board, a participant, upon the initial attainment of a minimum deposit balance in amounts in the Tier II Investment Fund credited to the participant’s part B totalization account, as described in section 252(c), may designate to the Board, in such form and manner as shall be prescribed in such regulations, a Tier III investment account to which deposits with respect to the individual are to be made under section 252(c). The individual may designate another Tier III investment account in lieu of any account previously designated, in accordance with regulations of the Board. (b) Definition \nFor purposes of this part, the term Tier III investment account means a trust created or organized in the United States for the exclusive benefit of a participant or his beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: (1) Restricted contributions \nNo contribution will be accepted unless it is in the form of a deposit to the account pursuant to section 252(c)(1). (2) Trustee requirements \nThe trustee is— (A) a bank (as defined in section 581 of the Internal Revenue Code of 1986), (B) an insured credit union (as defined in section 101(6) of the Federal Credit Union Act), (C) a corporation which, under the laws of the State of its incorporation, is subject to supervision and examination by the Commissioner of Banking or other officer of such State in charge of the administration of the banking laws of such State, (D) a regulated investment company (as defined in section 851 of the Internal Revenue Code of 1986) for which an election is in effect under section 851(b)(1) of such Code, or (E) any other person designated by the Board under regulations prescribed under this paragraph, but only if the trustee demonstrates to the satisfaction of the Board that its portfolio assets either replicate the assets of a broad-based index of equities or fixed income instruments which is approved by the Board or are of a type that the Board has determined not to involve high risks for the investor, and that the manner in which it will administer the trust will be consistent with the requirements of this section. (3) Nonforfeitability \nThe interest of an individual in the balance of his account is nonforfeitable. (4) Diversification \nThe investment options made available to participants by the trustee include reasonably diversified options of equities, fixed income instruments, or a combination of both. (5) Separation of assets \nThe assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (c) Investment standards \nThe trustee of a Tier III investment account shall invest amounts credited to the part B totalization account of a participant which are held in such account in accordance with standards which shall be prescribed by the Board by regulation. Such standards shall ensure that investments made available to participants by the trustee are reasonably diversified, that assets held in a Tier III investment account are nonforfeitable, and that the trustee complies with applicable fiduciary requirements. (d) Periodic reports by account trustee \n(1) In general \nThe trustee of a participant’s Tier III investment account shall, in accordance with regulations of the Board, make periodic reports concerning the status of the account which shall meet the requirements of this section. Each periodic report shall be furnished to the participant on at least a semiannual basis on or before the 60th day following the period for which the report is required. (2) Information required to be included \nThe periodic report shall contain the following information for transactions occurring during the period for which the report is provided: (A) The balance in the Tier III investment account. (B) The rate of return for the period covered. (C) The amount of authorized account contributions. (D) The name and address of the trustee. (E) Commission fees and fees for administrative expenses charged in connection with the account. (F) Other information which may be required from time to time by the Board. The language of the report shall be written in a form so as to be understood by the average participant. (3) Reports to Board \nThe Board may require the periodic report to be filed with the Board at such time as the Board may specify in regulations under this section, except that at least 1 periodic report filed annually with Board shall provide information with respect to the account as of December 31 preceding the date of the issuance of the report. (4) Failure by trustee to make timely periodic reports \n(A) In general \nThe trustee of a Tier III investment account shall be subject to a civil penalty of not to exceed $100 a day from the date of such trustee's failure or refusal to furnish the periodic report required to be furnished by the trustee under this subsection until the date on which such report is furnished. (B) Penalties assessed by Board \nAny civil penalty assessed by this paragraph shall be imposed by the Board and collected in a civil action. The Board may compromise the amount of any civil penalty imposed by this paragraph. The Board may waive the application of this paragraph with respect to any failure if the Board determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations. (e) Lump sum payment to estate upon death of account holder \nUpon the death of a participant who has an amount credited to such participant’s part B totalization account invested in a Tier III investment account, such amount shall be distributed in a lump sum distribution, under rules established by the Board— (1) in any case in which one or more beneficiaries have been designated in advance, in accordance with regulations which shall be prescribed by the Board, to such beneficiaries in accordance with such designation as provided in such regulations, and (2) in the case of any amount not distributed as described in paragraph (1), to the participant’s estate.", "id": "H4C88278D6BC14A4EA199ACBA8747DD00", "header": "Tier III investment accounts" }, { "text": "256. Retirement distributions \n(a) In general \nExcept as provided in this section, amounts credited to a participant’s part B totalization account may be distributed to the participant only on and after the participant’s retirement date. Such distribution shall be in the form of— (1) an individual social security annuity meeting the requirements of subsection (b), (2) a programmed withdrawal meeting the requirements of subsection (c), or (3) a combination, meeting the requirements of subsection (d), of an individual social security annuity (meeting the requirements of paragraph (2)) and a lump sum distribution. Not later than the date on which the participant attains age 62, and at any other time upon the request of the participant, the Board shall notify the participant of the most recent listing of forms of distribution approved under this section and the entitlement (if any) of the participant to such a distribution. (b) Retirement date \nFor purposes of this section, the term retirement date , in connection with a participant, means the earlier of— (1) any date as of which the participant has attained retirement age (as defined in section 216(l)(1)), or (2) the date designated for distribution of the balance in the participant’s part B totalization account pursuant to section 260. (c) Purchase of annuities \n(1) In general \n(A) Selection of annuity \nOn the participant’s retirement date, the participant may purchase an individual social security annuity selected from among the annuities approved by the Board under paragraph (2). (B) Transfer of assets \nUpon the selection by a participant under subparagraph (A), the Board shall provide for the transfer of all assets credited to the participant’s part B totalization account and determined under regulations of the Board to be available for distribution to purchase the annuity selected by the individual. (2) Approval of individual social security annuities \n(A) Certification of issuers \n(i) In general \nThe Board shall certify issuers eligible to enter into annuity contracts with participants under this subsection. (ii) Application \nAny issuer that desires to be certified by the Board to issue an individual social security annuity shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Separation from other operations \nAs a condition of certification under this subparagraph, each issuer shall maintain each individual social security annuity issued by such issuer separate from all other operations of the issuer. (iv) Exemption from third party claims \nEach individual social security annuity shall be exempt from any and all third party claims against the issuer. (B) Approval of individual social security annuities \n(i) In general \nNo funds may be transferred into an individual social security annuity unless the Board has approved an application submitted under clause (ii) with respect to the annuity. (ii) Application \nWith respect to each individual social security annuity that an issuer certified under subparagraph (A)(i) seeks to issue, such issuer shall submit an application to the Board at such time, in such manner, and containing such information as the Board may require. (iii) Qualifications for approval \nThe Board may not approve an application under clause (i) unless the individual social security annuity that is the subject of the application meets qualifications which shall be specified in regulations of the Board. Such qualifications shall include the safety and soundness of the annuity, the experience and record of performance of the issuer issuing the annuity, and such other factors as the Board may determine appropriate. (d) Programmed withdrawal \nOn the participant’s retirement date, the participant may elect distribution under this section of the balance credited to the participant’s part B totalization account as provided in this subsection. Such distribution shall be in the form of a combination of— (1) equal annual or more frequent periodic installments of the principal portion of the balance over twice his or her life expectancy, and (2) any distribution of any remaining balance in accordance with this section. Any distribution described in paragraph (2) shall be limited to the extent necessary to ensure that remaining funds credited to the account are sufficient to provide periodic installments under paragraph (1) at least, on an annual basis, equal to (determined under reasonable actuarial assumptions) 120 percent of the poverty line (as determined on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (e) Combination of lump sum payment and annuity \nOn the participant’s retirement date, the participant may elect distribution under this section of the balance credited to the participant’s part B totalization account as provided in this subsection. Such distribution shall be in the form of a combination of a lump sum payment and an annuity approved under subsection (b). Any such lump sum payment shall be limited to the extent necessary to ensure that remaining funds credited to the account are sufficient to provide, through the purchase of such an annuity, a monthly payment over the life expectancy of the participant (determined under reasonable actuarial assumptions) which is at least, on an annual basis, equal to 120 percent of the poverty line (as determined on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (f) Lump sum distributions of de minimis amounts \nIn any case in which, as of the date on which the participant attains retirement age (as defined in section 216(l)(1)), a distribution under this section has not commenced, and the total amount of the assets credited to the participant’s part B totalization account is less than the minimum deposit balance (as defined in section 252(c)(2)(B)), the preceding provisions of this section shall not apply, and such assets shall be distributed to the participant in a lump sum upon the request of the participant, under rules established by the Board. (g) Protection from assignment or alienation \nPayments in the form of distributions from the Tier II Investment Fund or a Tier III investment account may not be assigned or alienated.", "id": "HAD6A14E4FFA243EFBECCB5981FF2E3FD", "header": "Retirement distributions" }, { "text": "257. Recognition bonds \n(a) Certification of credited wages and self-employment income \nNot later than July 1 following the effective date of an election to become a participant filed by an individual under section 259, the Commissioner of Social Security shall certify to the Secretary of the Treasury whether such individual was, as of immediately before such effective date, credited with wages and self-employment income under part A. (b) Issuance of bond \nImmediately upon receipt of certification under subsection (a) that an individual is credited with wages and self-employment income under part A, the Secretary of the Treasury shall issue a recognition bond in the name of such individual as an obligation of the United States, which shall be deposited in the Tier II Investment Fund and held in such Fund for such individual together with such individual’s part B totalization account. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance of public debt obligations consisting of recognition bonds issued under this paragraph. Each such obligation shall be evidenced by a paper instrument issued by the Secretary of the Treasury setting forth the terms specified in this section, and stating on its face that the obligation shall be incontestable in the hands of the bearer, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation, in accordance with the provisions of this section. (c) Calculation of face value \n(1) In general \nThe face value of a recognition bond issued in the name of an individual under this section shall be the actuarial present value of the future monthly insurance benefits under part A to which such individual would have been entitled, and to which other individuals would have been entitled under part A based on such individual’s wages and self-employment income, determined under then current law but as if section 215(j) did not apply and subject to paragraph (2) of this subsection. (2) Assumptions \nThe actuarial present value determined under paragraph (1) shall be determined— (A) taking into account solely wages and self-employment income credited to such individual as of the effective date of the election referred to in subsection (a), (B) assuming that such individual would become entitled to disability insurance benefits under section 223 (in lieu of old-age insurance benefits under section 202(a)) on the day such individual would attain retirement age (as defined in section 216(l)), except that, in computing average indexed monthly earnings under section 215(b), the number of such individual’s benefit computation years shall be determined without regard to any reduction in the number of elapsed years under section 215(b)(2)(A), and (C) using reasonable actuarial assumptions, including reasonable current age-specific and gender-specific expected mortality rates. (d) Redemption \nA bond issued in the name of any participant under this section shall be redeemable (by the participant or other person bearing the bond after sale or resale pursuant to subsection (e)) on or after the date on which such participant would attain retirement age (as defined in section 216(l)(1)), for the amount of the face value. (e) Negotiability and crediting of proceeds to part B totalization account \nA recognition bond issued in the name of a participant under this section shall not be taken into account in determining the amount credited to the participant’s part B totalization account. Such bond shall be fully tradable on the secondary markets under such procedures as may be provided in regulations of the Board, and any amount derived by the participant from the sale of such bond shall be deposited in the Tier II Investment Fund and shall be included in the total amount credited to such participant’s part B totalization account.", "id": "H1C2C6D8C2BFB480D9353F36DB8C6C1A8", "header": "Recognition bonds" }, { "text": "258. Supplemental minimum benefit payments \n(a) In general \nIn any case in which— (1) a participant attains retirement age (as defined in section 216(l)(1)), (2) as of the date such participant attains such age, no distribution from amounts credited to the participant’s part B totalization account has been made to the participant under section 260, and (3) as of such date, the balance in the participant’s part B totalization account does not exceed the minimum annuity amount, the Board shall promptly notify the participant of the participant’s eligibility for a supplemental minimum benefit payment under this section. The participant, upon application to the Board filed by the participant on or after such date and in such form and manner as shall be prescribed by the Board, shall be entitled to a supplemental minimum benefit payment either to the Tier II Investment Fund (to the credit of the participant’s part B totalization account) or to the participant’s Tier III investment account, as may be specified by the participant in such application. Upon receipt of such application, the Board shall certify to the Secretary of the Treasury the amount of such payment, and such Secretary shall pay the amount of such payment to such Fund or such Tier III investment account in accordance with such certification from funds otherwise available in the general fund of the Treasury. (b) Amount of supplemental minimum benefit payment \nThe amount of a supplemental minimum benefit payment payable with respect to a participant under subsection (a) is the excess (if any) of— (1) the minimum annuity amount as of the date described in subsection (a), over (2) the amount credited to the participant’s part B totalization account. (c) Married couples \nIn the case of any 2 participants who are married, subsection (a) shall apply with respect to each such participant, upon the joint written request of such participants, by totalling the balances in the accounts referred to in subsection (a) of both such individuals. (d) Protection from assignment or alienation \nAny supplemental minimum benefit payment under this section may not be assigned or alienated. (e) Minimum annuity amount \n(1) In general \nFor purposes of this section, the term minimum annuity amount means an amount necessary to purchase, as of the date described in subsection (a), an immediate life annuity which provides for payments which are, on an annual basis, at least equal to 120 percent of the poverty line (as in effect on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (2) Immediate life annuity \nFor purposes of paragraph (1), the term immediate life annuity means an annuity— (A) the annuity starting date (as defined in section 72(c)(4) of the Internal Revenue Code of 1986) of which commences with the first month following the date described in subsection (a), and (B) which provides for a series of substantial equal annual payments over the life expectancy of the participant.", "id": "H17A8D52AB34744D600C98810FD89E8F0", "header": "Supplemental minimum benefit payments" }, { "text": "259. Election for participation \n(a) In general \nAny individual who— (1) is not a participant (within the meaning of section 251(1)(A)), (2) meets the requirements of clause (i) of section 251(1)(B), (3) has not attained retirement age (as defined in section 216(l)(1)), and (4) has not become entitled to old-age insurance benefits under section 202(a), may file with the Board under this section, in such form and manner as shall be prescribed in regulations of the Board, a written form electing the status of participant for purposes of this part. On and after the effective date of the election, such individual shall be treated as a participant under this part. (b) Effective date of election \nAn election under this section shall take effect on January 1 of the first calendar year beginning after 60 days after the date of the filing of the election in accordance with subsection (a). (c) Irrevocability \nAny election under this section shall be irrevocable.", "id": "H90799C82E4454DB096789192C83DC4D4", "header": "Election for participation" }, { "text": "260. Early distribution and termination of participation in program \n(a) In general \nIn any case in which the amount credited to a participant’s part B totalization account as of any date prior to the date on which the participant attains retirement age (as defined in section 216(l)(1)) equals at least the amount necessary to purchase an immediate life annuity which provides for payments which are, on an annual basis, at least equal to 120 percent of the poverty line (as in effect on such date, for an individual, under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )), the Board shall promptly so inform the participant, and, upon application of the participant filed with the Board under this section in accordance with regulations of the Board— (1) the Board shall commence distribution under section 256 of the amount credited to such participant’s part B totalization account, and (2) in lieu of the transfer, after the date of the commencement of such distribution, of any amount credited to such participant’s part B totalization account from the Tier I Investment Fund to the Tier II Investment Fund or a Tier III investment account, the Board shall provide for the direct payment of such amount to the participant. (b) Immediate life annuity \nFor purposes of subsection (a), the term immediate life annuity means an annuity— (1) the annuity starting date (as defined in section 72(c)(4) of the Internal Revenue Code of 1986) of which commences with the first month following the date referred to in subsection (a), and (2) which provides for a series of substantial equal annual payments over the life expectancy of the participant. (c) Married couples \nIn the case of any 2 participants who are married, subsection (a) shall apply with respect to each such participant, upon the joint written request of such participants, by totalling the balances in the accounts referred to in subsection (a) of both such individuals.", "id": "H0DF97EC4CE4F4F11A726654D7BA2F5BB", "header": "Early distribution and termination of participation in program" }, { "text": "261. Individual Investment Board \n(a) Establishment \nThere is established in the executive branch of the Government an Individual Investment Board. (b) Composition \nThe Board shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and (2) 2 members appointed by the President, of whom— (A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; and (B) 1 shall be appointed by the President after taking into consideration the recommendation made by the Majority Leader of the Senate in consultation with the Minority Leader of the Senate. (c) Advice and consent \nAppointments under subsection (b) shall be made by and with the advice and consent of the Senate. (d) Membership requirements \nMembers of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments \n(1) Terms \nA member of the Board shall be appointed for a term of 4 years, except that of the members first appointed under subsection (b)— (A) the Chairman shall be appointed for a term of 4 years; (B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and (C) the remaining members shall be appointed for terms of 2 years. (2) Vacancies \n(A) In general \nA vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Completion of term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (3) Expiration \nThe term of any member shall not expire before the date on which the member's successor takes office. (f) Duties \nThe Board shall— (1) administer the program established under this part; (2) establish policies for the investment and management of the Tier I Investment Fund, the Tier II Investment Fund, and Tier III investment accounts, including policies applicable to the asset managers with responsibility for managing the investment of individual investment account balances, and for the management and operation of individual social security annuities purchased with Tier II Investment Fund assets, which shall provide for— (A) prudent investments suitable for accumulating funds for payment of retirement income; (B) sound management practices; and (C) low administrative costs; (3) review the performance of investments made for the Tier I Investment Fund and the Tier II Investment Fund; (4) review the management and operation of individual social security annuities purchased with Tier II Investment Fund assets; (5) review the performance of investments made under Tier III investment accounts; (6) review and approve the budget of the Board; and (7) comply with the fiduciary requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (relating to fiduciary responsibility) in connection with any exercise of discretion in connection with the assets of the Tier I Investment Fund or the Tier II Investment Fund. (g) Administrative provisions \n(1) In general \nThe Board may— (A) adopt, alter, and use a seal; (B) except as provided in paragraph (4), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this part and the policies of the Board in accordance with delegations under this part; (C) upon the concurring votes of 4 members, remove the Executive Director from office for good cause shown; (D) provide to the Executive Director such resources as are necessary to carry out the duties of the Executive Director; and (E) take such other actions as may be necessary to carry out the functions of the Board. (2) Meetings \nThe Board shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (3) Exercise of powers \n(A) In general \nExcept as provided in paragraph (1)(C), the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. Three members of the Board shall constitute a quorum for the transaction of business. (B) Vacancies \nA vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board. (4) Limitations on investments \nThe Board may not direct any person to invest or to cause to be invested any sums in the Tier II Investment Fund or any Tier III investment account in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund or any such account. (h) Compensation \n(1) In general \nEach member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (2) Expenses \nA member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Board. (3) Source of funds \nPayments authorized under this subsection shall be paid from the Tier I Investment Fund or the Tier II Investment Fund, as determined appropriate by the Board. (i) Discharge of responsibilities \nThe members of the Board shall discharge their responsibilities solely in the interest of the participants and their beneficiaries under this part. (j) Annual independent audit \nThe Board shall annually engage an independent qualified public accountant to audit the activities of the Board. (k) Submission of budget to Congress \nThe Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to Congress under section 1105 of title 31, United States Code. (l) Submission of legislative recommendations \nThe Board may submit to the President, and, at the same time, shall submit to each House of Congress, any legislative recommendations of the Board relating to any of its functions under this part or any other provision of law.", "id": "H9E41D305384748E1974EEAAF06DCA900", "header": "Individual Investment Board" }, { "text": "262. Executive Director of the Individual Investment Board \n(a) Appointment of Executive Director \nThe Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (b) Duties \nThe Executive Director shall, as determined appropriate by the Board— (1) carry out the policies established by the Board; (2) invest and manage the Tier I Investment Fund and the Tier II Investment Fund in accordance with the investment policies and other policies established by the Board; (3) administer the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; and (4) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this part relating to the Tier I Investment Fund and the Tier II Investment Fund. (c) Administrative authority \nThe Executive Director may, within the scope of the duties of the Executive Director as determined by the Board— (1) appoint such personnel as may be necessary to carry out the provisions of this part relating to the Tier I Investment Fund and the Tier II Investment Fund; (2) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; (3) secure directly from an Executive agency, the United States Postal Service, or the Postal Rate Commission any information necessary to carry out the provisions of this part and the policies of the Board relating to the Tier I Investment Fund and the Tier II Investment Fund; (4) make such payments out of sums in the Tier I Investment Fund and the Tier II Investment Fund as the Executive Director determines, in accordance with regulations of the Board, are necessary to carry out the provisions of this part and the policies of the Board; (5) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (1), (2), and (6) from the Tier I Investment Fund or the Tier II Investment Fund, in accordance with regulations of the Board; (6) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, authorized by section 5703 of title 5, United States Code, including per diem as authorized by section 5702 of such title; (7) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (8) take such other actions as are appropriate to carry out the functions of the Executive Director.", "id": "H8F15DBD1DA9A472AA6B172FC139E4D", "header": "Executive Director of the Individual Investment Board" }, { "text": "3. Tax treatment of Individual Social Security Investment Program \n(a) Taxation with respect to elements of the program \n(1) In general \nSubchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: IX Individual Social Security Investment Program \nSec. 530A. Individual Social Security Investment Program 530A. Individual Social Security Investment Program \n(a) General Rule \nAny fund created, account established, or annuity under part B of title II of the Social Security Act is exempt from taxation under this subtitle. Notwithstanding the preceding sentence, any such fund or account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (b) Recognition bonds \nGross income shall not include— (1) the value of a recognition bond issued to a participant under section 257(b) of the Social Security Act which is deposited in the Tier II Investment Fund and held for such participant under such section, (2) proceeds from the sale of a recognition bond of a participant under section 257(e) of the Social Security Act which are deposited in the Tier II Investment Fund and held for such participant under section 257(b) of such Act, and (3) proceeds from the redemption of a recognition bond of a participant under section 257(d) of the Social Security Act deposited in the Tier II Investment Fund to the credit of such participant’s part B totalization account under part B of title II of such Act. For purposes of this subsection, the term Tier II Investment Fund has the meaning given such term by section 251(6) of the Social Security Act. (c) Distributions \nA distribution from any fund or account, or any annuity payment, under part B of title II of the Social Security Act shall not be included in the gross income of the distributee or payee.. (2) Conforming amendment \nSection 86(d)(1)(A) of such Code is amended by inserting part A of after under. (3) Clerical amendment \nThe table of parts for subchapter F of chapter 1 of such Code is amended by adding after the item relating to part VIII the following new item: Part IX. Individual Social Security Investment Program.. (4) Effective date \nThe amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (b) Exclusion of Individual Investment Program participants from insurance benefits \nSection 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended by adding at the end the following new subsection: (j) Exclusion of Individual Investment Program participants \n(1) Except as provided in paragraph (3), a participant (as defined in section 251(1)) in the Individual Social Security Investment Program under part B shall not be credited with wages or self-employment income under this part. (2) In the case of an individual who becomes a participant under part B pursuant to an election filed under section 259, paragraph (1) shall apply with respect to wages paid in calendar years beginning on or after the effective date of the election and with respect to self-employment income derived in taxable years ending after such date. (3) Paragraph (1) shall not apply in connection with the determination of any such participant’s entitlement to disability insurance benefits under section 223, the determination of such participant’s primary insurance amount in connection with such entitlement, and the determination during such entitlement of benefits based on such participant’s wages and self-employment income..", "id": "HA835F352447941A39B8999BC94BFEBE0", "header": "Tax treatment of Individual Social Security Investment Program" }, { "text": "530A. Individual Social Security Investment Program \n(a) General Rule \nAny fund created, account established, or annuity under part B of title II of the Social Security Act is exempt from taxation under this subtitle. Notwithstanding the preceding sentence, any such fund or account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (b) Recognition bonds \nGross income shall not include— (1) the value of a recognition bond issued to a participant under section 257(b) of the Social Security Act which is deposited in the Tier II Investment Fund and held for such participant under such section, (2) proceeds from the sale of a recognition bond of a participant under section 257(e) of the Social Security Act which are deposited in the Tier II Investment Fund and held for such participant under section 257(b) of such Act, and (3) proceeds from the redemption of a recognition bond of a participant under section 257(d) of the Social Security Act deposited in the Tier II Investment Fund to the credit of such participant’s part B totalization account under part B of title II of such Act. For purposes of this subsection, the term Tier II Investment Fund has the meaning given such term by section 251(6) of the Social Security Act. (c) Distributions \nA distribution from any fund or account, or any annuity payment, under part B of title II of the Social Security Act shall not be included in the gross income of the distributee or payee.", "id": "HCD074797D4BC4A47BBDC214DAEF4DBB", "header": "Individual Social Security Investment Program" }, { "text": "4. CPI-indexed benefits for Part A beneficiaries other than disability beneficiaries \n(a) Computation of bend points \nSection 215(a)(1)(B) of the Social Security Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (1) by redesignating clause (iii) as clause (vi); (2) in clause (ii), by striking For individuals and inserting Subject to clause (iii), for individuals ; (3) by inserting after clause (ii) the following new clauses: (iii) For individuals who initially become eligible for old-age insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2012, each of the amounts so established under the preceding provisions of this subparagraph shall be equal to the product derived by multiplying such amount (as determined before the application of this clause) by the quotient derived by dividing— (I) the applicable change in the CPI for the first of the 2 preceding calendar years, by (II) applicable change in the national average wage index for the first of the 2 preceding calendar years. (iv) For purposes of clause (iii)(I), the term applicable change in the CPI for a calendar year means the excess of— (I) the arithmetical mean of the Consumer Price Index for Urban Wage Earners and Clerical Workers (issued by the Bureau of Labor Statistics) for the 12 months in such calendar year, over (II) the arithmetical mean of such Consumer Price Index for the 12 months in calendar year 2011. (v) For purposes of clause (iii)(II), the term applicable change in the national average wage index for a calendar year means the excess of— (I) the national average wage index (as defined in section 209(k)(1)) for such calendar year, over (II) the national average wage index (as so defined) for calendar year 2011. ; and (4) in clause (vi) (as redesignated), by striking under clause (ii) and inserting under the preceding provisions of this subparagraph. (b) Substitution of CPI for national average wage index in computing average indexed monthly earnings \n(1) In general \nSection 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) ) is amended— (A) in subparagraph (A)(ii)(I), by striking national average wage index (as defined in section 209(k)(1)) and inserting national average wage index (as defined in section 209(k)(1)) (for determinations of disability insurance benefits and other benefits based on the wages and self-employment income of an individual entitled to disability insurance benefits) or the consumer price index (for determinations of other benefits) ; (B) in subparagraph (A)(ii)(II), by striking national average wage index (as so defined) and inserting national average wage index (as so defined) (for determinations of disability insurance benefits and other benefits based on the wages and self-employment income of an individual entitled to disability insurance benefits) or the consumer price index (for determinations of other benefits) ; (C) by redesignating subparagraph (B) as subparagraph (C); and (D) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of this paragraph, the term consumer price index for a calendar year means the arithmetical mean of the Consumer Price Index for Urban Wage Earners and Clerical Workers (issued by the Bureau of Labor Statistics) for the 12 months in such calendar year.. (2) Effective date \nThe amendments made by this subsection shall apply with respect to the average indexed monthly earnings of individuals attaining age 62, or dying before attaining such age, on or after January 1, 2012.", "id": "H05E3C0F8FA8442B287DA429EE2D7CFB1", "header": "CPI-indexed benefits for Part A beneficiaries other than disability beneficiaries" }, { "text": "5. Maintenance of adequate balances in the Social Security Trust Funds \n(a) In general \nSection 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (n) In addition to amounts otherwise appropriated under the preceding provisions of this section to the Trust Funds established under this section, there is hereby appropriated for each fiscal year to each of such Trust Funds, from amounts in the general fund of the Treasury not otherwise appropriated, such sums as may be necessary from time to time to maintain the balance ratio (as defined in section 709(b)) of such Trust Fund, for the calendar year commencing during such fiscal year, at not less than 100 percent. The sums to be appropriated under the preceding sentence shall be determined by the Commissioner of Social Security and certified by the Commissioner to each House of the Congress not later than October 1 of such fiscal year. In making such determination and certification, the Commissioner shall use the intermediate actuarial assumptions used by the Board of Trustees of the Trust Funds in its most recent annual report to the Congress prepared pursuant to subsection (c)(2). The Commissioner shall also transmit a copy of any such certification to the Secretary of the Treasury, and upon receipt thereof, such Secretary shall promptly take appropriate actions in accordance with the certification.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to fiscal years beginning after the date of the enactment of this Act.", "id": "HC93289D952DD43EC9BB947E9BDB2B29B", "header": "Maintenance of adequate balances in the Social Security Trust Funds" } ]

[ { "text": "1. Permanent resident status for Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah 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 Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, or Marliatou Bah 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 Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah, the Secretary of State shall instruct the proper officer to reduce by 9, 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": "H565349F5B0C3421A94DECC6B801F8BAB", "header": "Permanent resident status for Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, and Marliatou Bah" } ]

[ { "text": "1. Deduction for qualified organ donation expenses \n(a) Deduction for qualified organ donation expenses \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 213 the following new section: 214. Qualified organ donation expenses \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction qualified organ donation expenses paid or incurred by the taxpayer during the taxable year. (b) Limitation on amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual shall not exceed $15,000 for each medical procedure described in subsection (c). (c) Qualified organ donation expenses \nFor purposes of this section, the term qualified organ donation expenses means the amounts, not compensated for by insurance or otherwise, paid in connection with a medical procedure in which the taxpayer, the taxpayer’s spouse, or a dependent (as defined in section 152), while living, donates one or more of all or part of a liver, lung, pancreas, kidney, intestine, or bone marrow to another human being for human organ transplantation. Such expenses shall include— (1) medical care (as defined in section 213), and (2) any lost wages (as defined in section 3401). (d) Coordination with other deductions \nAny amount allowed as a deduction under subsection (a) shall not be taken into account in determining the amount allowed to the taxpayer as a deduction under any other provision of this chapter.. (b) Deduction allowed whether or not individual itemizes other deductions \nSection 62(a) of part I of subchapter B of chapter 1 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Qualified organ donation expenses \nThe deduction allowed by section 214.. (c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item related to section 213 the following new item: Sec. 214. Qualified organ donation expenses. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HAB9E371F48D64CC9AC15025DE18C02FB", "header": "Deduction for qualified organ donation expenses" }, { "text": "214. Qualified organ donation expenses \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction qualified organ donation expenses paid or incurred by the taxpayer during the taxable year. (b) Limitation on amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual shall not exceed $15,000 for each medical procedure described in subsection (c). (c) Qualified organ donation expenses \nFor purposes of this section, the term qualified organ donation expenses means the amounts, not compensated for by insurance or otherwise, paid in connection with a medical procedure in which the taxpayer, the taxpayer’s spouse, or a dependent (as defined in section 152), while living, donates one or more of all or part of a liver, lung, pancreas, kidney, intestine, or bone marrow to another human being for human organ transplantation. Such expenses shall include— (1) medical care (as defined in section 213), and (2) any lost wages (as defined in section 3401). (d) Coordination with other deductions \nAny amount allowed as a deduction under subsection (a) shall not be taken into account in determining the amount allowed to the taxpayer as a deduction under any other provision of this chapter.", "id": "HEE0BFF53C0D24A70A3B9F8C3B9B0752", "header": "Qualified organ donation expenses" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Disabled Federal Employees Protection Act.", "id": "HE192FA929335460C836EB669BDE4E590", "header": "Short title" }, { "text": "2. Prohibition on terminating employment of Federal workers with disabilities employed in activity or function converted to contractor performance \n(a) Prohibition \nIn the case of a conversion to contractor performance of any activity or function of an executive agency under Office of Management and Budget Circular A–76 or any other policy, directive, or regulation, including any Most Efficient Organization plan, the head of the executive agency may not terminate the employment of any employee in that activity or function if— (1) the employee is an individual with a disability (as defined in section 7(20)(A) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(20)(A) ); and (2) the employee was hired under a plan or program designated for hiring individuals with such disability. (b) Exception \nSubsection (a) shall not apply to an activity or function that is planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped persons in accordance with the Javits-Wagner-O’Day Act (41 U.S.C. 46-48c), if each employee covered by subsection (a) is offered another position with the Federal Government, or with the nonprofit agency that will perform the activity or function, that is equivalent to the position previously held by the employee before the change to performance by the nonprofit agency.", "id": "H0C0D8C6A84FA44EF95D63967C4C0BE61", "header": "Prohibition on terminating employment of Federal workers with disabilities employed in activity or function converted to contractor performance" } ]

[ { "text": "1. Mandatory Life Sentence for Repeat Sex Offenders \nSubsection (a) of section 2247 of title 18, United States Code, is amended to read as follows: (a) Mandatory Life Sentence \nThe term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be life..", "id": "H93AB4009F52646C6894F4500340955D0", "header": "Mandatory Life Sentence for Repeat Sex Offenders" } ]

[ { "text": "1. Bill Monroe Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 25 McHenry Street in Rosine, Kentucky, shall be known and designated as the Bill Monroe Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Bill Monroe Post Office.", "id": "HB430FEC48CAB4B3793458825B4D7C02", "header": "Bill Monroe Post Office" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Emergency Medical Services Support Act.", "id": "HFB90B945C194426389A8A536A57CBF49", "header": "Short title" }, { "text": "2. Federal Interagency Committee on Emergency Medical Services \n(a) Establishment \nThe Secretary of Transportation and the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, shall establish a Federal Interagency Committee on Emergency Medical Services (in this Act referred to as the Interagency Committee on EMS ) to improve coordination and enhance support of emergency medical services. (b) Membership \nThe Interagency Committee on EMS shall consist of the following officials, or their designees: (1) The Administrator of the National Highway Traffic Safety Administration. (2) The Director of the Office for Domestic Preparedness of the Department of Homeland Security. (3) The Administrator of the Health Resources and Services Administration of the Department of Health and Human Services. (4) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Administrator of the United States Fire Administration of the Department of Homeland Security. (6) The Administrator of the Centers for Medicare Medicaid Services of the Department of Health and Human Services. (7) The Under Secretary of Defense for Personnel and Readiness. (8) The Assistant Secretary for Public Health Emergency Preparedness of the Department of Health and Human Services. (9) The Director of the Indian Health Service of the Department of Health and Human Services. (10) The Bureau Chief of the Wireless Telecommunications Bureau of the Federal Communications Commission. (11) A representative of any other Federal agency identified by the Secretary of Transportation or the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the Interagency Committee on EMS. (c) Leadership \nThe members of the Interagency Committee on EMS shall annually select an individual from among the members of the Committee to serve as chairperson of the Committee. (d) Activities \nThe Interagency Committee on EMS shall carry out the following activities: (1) Ensuring coordination among the Federal agencies represented on the Interagency Committee on EMS with State, local, tribal, and regional emergency medical services and 9–1–1 systems. (2) Identifying State, local, tribal, and regional emergency medical services and 9–1–1 needs. (3) Ensuring that emergency medical services are appropriately integrated with homeland security and other emergency response programs. (4) Recommending new or expanded programs, including grant programs, for— (A) improving State, local, tribal, and regional emergency medical services; and (B) implementing improved interoperable voice and data emergency medical services and communications technologies, including wireless 9–1–1. (5) Identifying ways to streamline the process through which Federal agencies support State, local, tribal, and regional emergency medical services. (6) Assisting State, local, tribal, and regional emergency medical services in setting priorities based on identified needs. (7) Advising, consulting, and making recommendations on matters relating to the implementation of the coordinated State emergency medical services programs. (e) Meetings \nThe Interagency Committee on EMS shall meet as frequently as is determined necessary by the chairperson of the Committee, but no less frequently than quarterly. (f) Administration \nThe Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administrative support to the Interagency Committee on EMS, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. (g) Annual reports \nThe Interagency Committee on EMS shall prepare and submit an annual report to Congress on the Committee’s activities, actions, and recommendations, and shall include in such report a description of respective Federal agency responsibility, support, and coordination of emergency medical services systems.", "id": "H1E546E04670C4C4DBA3D35B05EF7E004", "header": "Federal Interagency Committee on Emergency Medical Services" }, { "text": "3. Federal Interagency Committee on Emergency Medical Services Advisory Council \n(a) Establishment \nThere is established a Federal Interagency Committee on Emergency Medical Services Advisory Council (in this Act referred to as the Advisory Council ) that shall consist of not more than 13 individuals with an interest or expertise in emergency medical services selected by the Interagency Committee on EMS. (b) Membership \nIn selecting members of the Advisory Council, the Interagency Committee on EMS shall ensure that the Advisory Council represents— (1) both urban and rural areas; and (2) all sectors of the emergency medical services community. (c) Leadership \nMembers of the Advisory Council shall annually select an individual from among the members of the Council to serve as chairperson of the Advisory Council. (d) Activities \nThe Advisory Council shall make recommendations to the Interagency Committee on EMS on topics including the following: (1) Improved coordination and support of emergency medical services systems among Federal programs. (2) Development of a national emergency medical services plan. (3) Standards, guidelines, benchmarks, and data collection on emergency medical services. (4) Guidelines for conducting needs assessments for improving community-based emergency medical services systems at State and local levels. (5) Creation of new, or the expansion of existing, grants or other programs for improving community-based emergency medical services. (6) Consolidation or realignment of Federal agency or program responsibility for emergency medical services. (7) Strengthening emergency medical services systems through enhanced workforce development, education, training, exercises, equipment, medical oversight, and other areas. (8) Issues or topics to be addressed in the annual report of the Interagency Committee on EMS. (e) Annual report \nBefore the Interagency Committee on EMS submits the annual report required under section 2(g) to Congress, the Advisory Council shall review the report and include independent information or recommendations for inclusion in the report, as deemed appropriate by the Advisory Council. (f) Meetings \nThe Advisory Council— (1) shall meet at the same time and place as the Interagency Committee on EMS, when such Committee meets; and (2) may conduct independent meetings to receive public comment and collect data and information. (g) Compensation and reimbursement \n(1) Compensation \nThe members of the Advisory Council shall receive no pay by reason of their service as a member of the Advisory Council. (2) Travel expenses \nThe members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Council. (h) Administration \nThe Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administration support to the Advisory Council.", "id": "HFB6CF7910A5148689CB101EDB99BB6B", "header": "Federal Interagency Committee on Emergency Medical Services Advisory Council" } ]

[ { "text": "1. Screening for Nonair-carrier Aircraft \n(a) In General \nThe Secretary of Homeland Security shall provide the same screening of all passengers and property that will be carried aboard a passenger aircraft operated in the United States by a person other than an air carrier (as defined in section 40102 of title 49, United States Code) as the screening that is provided for all passengers and property that are carried aboard a passenger aircraft operated by an air carrier under section 44901 of such title. (b) Deadline for beginning \nOn the date of enactment of this Act, the Secretary shall begin development of a plan, acquiring and training personnel, and acquiring equipment for providing the screening required by subsection (a).", "id": "HD819A64001B643768D13C0AFEB6538FD", "header": "Screening for Nonair-carrier Aircraft" }, { "text": "2. Special rules regarding flights of Nonair-carrier Aircraft \n(a) In General \nThe Secretary of Transportation shall take such action as may be necessary to ensure that— (1) no aircraft described in section 1 flies— (A) within 1,500 feet of any structure or building; or (B) over a city with a population of 1,000,000 or more or any other location the Secretary of Homeland Security determines appropriate, except on approach or departure to an airport; and (2) the pilot of a flight of any aircraft described in section 1 remains in contact with the Federal Aviation Administration regardless of the altitude of such aircraft. (b) Exceptions \nThe Secretary shall except from any requirement of subsection (a) an aircraft carrying out such police, medical, or other operations as the Secretary determines appropriate.", "id": "HBC6CA4AEFDE149DA9C340035AFCD6984", "header": "Special rules regarding flights of Nonair-carrier Aircraft" } ]

[ { "text": "1. Short title; table of contents \n(a) Short Title \nThis Act may be cited as the Millennium Challenge Accountability 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—Millennium Challenge Act of 2003 Sec. 101. Oversight by General Accounting Office Sec. 102. Millennium Challenge Advisory Council Sec. 103. Findings; Statement of policy Sec. 104. Definitions Sec. 105. Principal objectives Sec. 106. Transfer to Foreign Assistance Act of 1961 Title II—Miscellaneous Provisions Subtitle A—HELP Commission Act; Foreign Aid Impact Assessment Act Sec. 201. HELP Commission Act Sec. 202. Foreign Aid Impact Assessment Act Subtitle B—Repeals; Related Provisions Sec. 211. Repeals; conforming amendments Sec. 212. General authorities", "id": "HB65630D722E34BFCA73750B49DD67274", "header": "Short title; table of contents" }, { "text": "101. Oversight by General Accounting Office \nSection 614 of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7713) is amended by adding at the end the following new subsection: (h) Comptroller General \n(1) In general \nThe Comptroller General shall conduct on an annual basis and as appropriate audits, evaluations, and investigations of the Corporation. (2) Scope \nIn carrying out this subsection, the Comptroller General may conduct audits, evaluations, and investigations of the activities and financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations in accordance with such rules and regulations as may be prescribed by the Comptroller General. (3) Location; access to documents \n(A) Location \nThe Comptroller General shall conduct an audit, evaluation, or investigation under this subsection at the place or places where pertinent information of the Corporation is normally kept. (B) Access to documents \nIn conducting an audit, evaluation, or investigation under this subsection, representatives of the General Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audit, evaluation, or investigation. In addition, the representatives shall be afforded full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians of the Corporation. (C) Rule of construction \nAll books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation shall remain in the possession and custody of the Corporation throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accounting Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 3523(c) of title 31, United States Code. (4) Report \nThe Comptroller General shall prepare and submit to the President and the appropriate congressional committees a report that contains the results of each audit, evaluation, or investigation conducted under this subsection, including any recommendations as the Comptroller General determines to be appropriate..", "id": "H39A11770FC064096BD84C1EA003758B0", "header": "Oversight by General Accounting Office" }, { "text": "102. Millennium Challenge Advisory Council \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: 620. Millennium Challenge Advisory Council \n(a) Establishment \nThere is hereby established in the executive branch an advisory council to the Corporation to be known as the Millennium Challenge Advisory Council. (b) Functions \n(1) General functions \nThe Council shall advise and consult with the Chief Executive Officer of the Corporation and the Board of Directors with respect to policies and programs designed to further the purposes of this division and shall periodically report to the Congress with respect to the activities of the Corporation. In addition, the Council shall review on an annual basis the criteria and methodology used to determine eligibility of countries for assistance under this title and make recommendations to the Chief Executive Officer and the Board to improve the effectiveness of such criteria and methodology in order to achieve the purposes of this division. (2) Additional functions \nMembers of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Corporation in the United States and in other countries in order to— (A) evaluate the accomplishments of the Corporation; (B) assess the potential capabilities and the future role of the Corporation; (C) make recommendations to the Chief Executive Officer, the Board of Directors, and Congress, for the purpose of guiding the future direction of the Corporation and of helping to ensure that the purposes and programs of the Corporation are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and (D) make such other evaluations, assessments, and recommendations as the Council considers appropriate. (3) Public participation \nThe Council may provide for public participation in its activities, consistent with section 552b of title 5, United States Code. (c) Membership \n(1) In general \nThe Council shall consist of seven individuals, who shall be appointed by the Chief Executive Officer, and who shall be broadly representative of nongovernmental entities with expertise and interest in international trade and economic development, including business and business associations, trade and labor unions, private and voluntary organizations, foundations, public policy organizations, academia, and other entities as the Chief Executive Officer determines appropriate. (2) Additional requirement \nNo member appointed under paragraph (1) may be an officer or employee of the United States Government. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council— (A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Council; and (B) while away from the member's home or regular place of business on necessary travel, as determined by the Chief Executive Officer, in the actual performance of duties as a member of the Council, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation \nA member of the Council may not be paid compensation under paragraph (1)(A) for more than thirty days in any calendar year. (e) Quorum \nA majority of the members of the Council shall constitute a quorum for the purposes of transacting any business. (f) Financial Interests of Members \nA member of the Council shall disclose to the Chairperson of the Council and the Chief Executive Officer of the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter. (g) Chairperson \nThe Chief Executive Officer shall designate one of the members of the Council as Chairperson, who shall serve in that capacity for a term of two years. The Chief Executive Officer may renew the term of the member appointed as Chairperson under the preceding sentence. (h) Meetings; Bylaws and Regulations \n(1) Meetings \nThe Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Chief Executive Officer, the Chairperson of the Board, the Chairperson of the Council, or two members of the Council. (2) Bylaws and regulations \nThe Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings. (i) Report to the President, Chief Executive Officer, and Board \n(1) Report \nNot later than January 1, 2005, and not later than January 1 of each year thereafter that the Corporation is in existence, the Council shall submit to the President, the Chief Executive Officer, and the Board a report on its views on the programs and activities of the Corporation. (2) Contents \nEach report shall contain a summary of the advice and recommendations provided by the Council to the Chief Executive Officer and the Board during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. (3) Additional requirement \nNot later than 90 days after receiving each such report, the Chief Executive Officer shall transmit to Congress a copy of the report, together with any comments concerning the report that the Chief Executive Officer considers appropriate. (j) Administrative Assistance \nThe Chief Executive Officer shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively. (k) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council. Notwithstanding section 102 of this Act, the authorities of the Council shall terminate on December 31, 2007..", "id": "H06D8917EEA76491B9E77F95205D9E286", "header": "Millennium Challenge Advisory Council" }, { "text": "620. Millennium Challenge Advisory Council \n(a) Establishment \nThere is hereby established in the executive branch an advisory council to the Corporation to be known as the Millennium Challenge Advisory Council. (b) Functions \n(1) General functions \nThe Council shall advise and consult with the Chief Executive Officer of the Corporation and the Board of Directors with respect to policies and programs designed to further the purposes of this division and shall periodically report to the Congress with respect to the activities of the Corporation. In addition, the Council shall review on an annual basis the criteria and methodology used to determine eligibility of countries for assistance under this title and make recommendations to the Chief Executive Officer and the Board to improve the effectiveness of such criteria and methodology in order to achieve the purposes of this division. (2) Additional functions \nMembers of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Corporation in the United States and in other countries in order to— (A) evaluate the accomplishments of the Corporation; (B) assess the potential capabilities and the future role of the Corporation; (C) make recommendations to the Chief Executive Officer, the Board of Directors, and Congress, for the purpose of guiding the future direction of the Corporation and of helping to ensure that the purposes and programs of the Corporation are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and (D) make such other evaluations, assessments, and recommendations as the Council considers appropriate. (3) Public participation \nThe Council may provide for public participation in its activities, consistent with section 552b of title 5, United States Code. (c) Membership \n(1) In general \nThe Council shall consist of seven individuals, who shall be appointed by the Chief Executive Officer, and who shall be broadly representative of nongovernmental entities with expertise and interest in international trade and economic development, including business and business associations, trade and labor unions, private and voluntary organizations, foundations, public policy organizations, academia, and other entities as the Chief Executive Officer determines appropriate. (2) Additional requirement \nNo member appointed under paragraph (1) may be an officer or employee of the United States Government. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council— (A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Council; and (B) while away from the member's home or regular place of business on necessary travel, as determined by the Chief Executive Officer, in the actual performance of duties as a member of the Council, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation \nA member of the Council may not be paid compensation under paragraph (1)(A) for more than thirty days in any calendar year. (e) Quorum \nA majority of the members of the Council shall constitute a quorum for the purposes of transacting any business. (f) Financial Interests of Members \nA member of the Council shall disclose to the Chairperson of the Council and the Chief Executive Officer of the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter. (g) Chairperson \nThe Chief Executive Officer shall designate one of the members of the Council as Chairperson, who shall serve in that capacity for a term of two years. The Chief Executive Officer may renew the term of the member appointed as Chairperson under the preceding sentence. (h) Meetings; Bylaws and Regulations \n(1) Meetings \nThe Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Chief Executive Officer, the Chairperson of the Board, the Chairperson of the Council, or two members of the Council. (2) Bylaws and regulations \nThe Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings. (i) Report to the President, Chief Executive Officer, and Board \n(1) Report \nNot later than January 1, 2005, and not later than January 1 of each year thereafter that the Corporation is in existence, the Council shall submit to the President, the Chief Executive Officer, and the Board a report on its views on the programs and activities of the Corporation. (2) Contents \nEach report shall contain a summary of the advice and recommendations provided by the Council to the Chief Executive Officer and the Board during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. (3) Additional requirement \nNot later than 90 days after receiving each such report, the Chief Executive Officer shall transmit to Congress a copy of the report, together with any comments concerning the report that the Chief Executive Officer considers appropriate. (j) Administrative Assistance \nThe Chief Executive Officer shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively. (k) Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council. Notwithstanding section 102 of this Act, the authorities of the Council shall terminate on December 31, 2007.", "id": "H4AE888006D4F4FA2AF1B448082FF4496", "header": "Millennium Challenge Advisory Council" }, { "text": "103. Findings; Statement of policy \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7701 et seq.) is amended by inserting after section 601 the following new section: 601A. Findings; Statement of policy \n(a) Findings \nCongress finds the following: (1) A principal objective of United States foreign assistance programs, as stated in section 101 of this Act, is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. (2) The expanding acceptance of free trade and open markets and the spread of democracy and the rule of law have brought a better way of life to an increasing number of people in the world. (3) Inequalities between men and women undermine development and poverty-reduction efforts in fundamental ways. A woman's limited access to resources and restrictions on the exercise of her rights, including the right to participate in social and political processes, disables her from maximizing her contribution to her family's health, education, and general well-being. (4) On March 14, 2002, the President noted the successes of development assistance programs: The advances of free markets and trade and democracy and rule of law have brought prosperity to an ever-widening circle of people in this world. During our lifetime, per capita income in the poorest countries has nearly doubled. Illiteracy has been cut by one-third, giving more children a chance to learn. Infant mortality has been almost halved, giving more children a chance to live.. (5) Development is neither an easy process nor a linear one. There are successes and there are failures. Today, too many people are still living in poverty, disease has eroded many of the economic and social gains of previous decades, and many countries have not adopted policies, for a variety of reasons, that would enable them to compete in an open and equitable international economic system. (6) More countries and more people will be able to participate in and benefit from the opportunities afforded by the global economy if the following conditions for sound and sustainable economic development are met: (A) Security \nSecurity is necessary for economic development. Persistent poverty and oppression can lead to hopelessness, despair, and to failed states that become havens for terrorists. (B) Policies that support broad-based economic growth \nSuccessful long-term development can only occur through broad-based economic growth that enables the poor to increase their incomes and have access to productive resources and services so that they can lead lives of decency, dignity, and hope. (C) Democracy and the rule of law \nDemocratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. The ability of people to participate in the economic and political processes affecting their lives is essential to sustained growth. The rule of law and a commitment to fight corruption is also critical to the development of a prosperous society. (D) Investments in people \nEconomic growth and democracy can be sustained only if both men and women have the basic tools and capabilities that foster the opportunity for participation in the economic, social, and political life of their countries. Successful development of countries requires citizens who are literate, healthy, and prepared and able to work. (7) Economic assistance programs authorized under this part, as administered by the United States Agency for International Development and other Federal agencies, are of critical importance in assisting countries to be in a position to maximize the effectiveness of assistance authorized by this title. (8) It is in the national interest of the United States to help those countries that are implementing the economic and political reforms necessary for development to occur. (9) On March 14, 2002, the President stated that the growing divide between wealth and poverty, between opportunity and misery, is both a challenge to our compassion and a source of instability... [w]e must confront it... [w]e must include every African, every Asian, every Latin American, every Muslim, in an expanding circle of development.. (10) The President has pledged that funds requested for the Millennium Challenge Account shall be in addition to, and not a substitute for, existing development and humanitarian programs. (11) Development assistance alone is not sufficient to stimulate economic growth and development. Assistance has been shown to have a positive impact on growth and development in developing countries with sound policies and institutions. If countries have poor policies and institutions, however, it is highly unlikely that assistance will have a net positive effect. (12) Economic development, and the achievement of the Millennium Development Goals, must be a shared responsibility between donor and recipient countries. (b) Statement of policy regarding a new compact for global development \nIt is, therefore, the policy of the United States to support a new compact for global development that— (1) increases support by donor countries to those developing countries that are fostering democracy and the rule of law, investing in their people, and promoting economic freedom for all their people; (2) recognizes, however, that it is the developing countries themselves that are primarily responsible for the achievement of those goals; (3) seeks to coordinate the disparate development assistance policies of donor countries, and to harmonize the trade and finance policies of donor countries with their respective development assistance programs; and (4) aims to reduce poverty by significantly increasing the economic growth trajectory of beneficiary countries through investing in the productive potential of the people of such countries..", "id": "H8DC2EDF9A25E4A2382552172A3E714C6", "header": "Findings; Statement of policy" }, { "text": "601A. Findings; Statement of policy \n(a) Findings \nCongress finds the following: (1) A principal objective of United States foreign assistance programs, as stated in section 101 of this Act, is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. (2) The expanding acceptance of free trade and open markets and the spread of democracy and the rule of law have brought a better way of life to an increasing number of people in the world. (3) Inequalities between men and women undermine development and poverty-reduction efforts in fundamental ways. A woman's limited access to resources and restrictions on the exercise of her rights, including the right to participate in social and political processes, disables her from maximizing her contribution to her family's health, education, and general well-being. (4) On March 14, 2002, the President noted the successes of development assistance programs: The advances of free markets and trade and democracy and rule of law have brought prosperity to an ever-widening circle of people in this world. During our lifetime, per capita income in the poorest countries has nearly doubled. Illiteracy has been cut by one-third, giving more children a chance to learn. Infant mortality has been almost halved, giving more children a chance to live.. (5) Development is neither an easy process nor a linear one. There are successes and there are failures. Today, too many people are still living in poverty, disease has eroded many of the economic and social gains of previous decades, and many countries have not adopted policies, for a variety of reasons, that would enable them to compete in an open and equitable international economic system. (6) More countries and more people will be able to participate in and benefit from the opportunities afforded by the global economy if the following conditions for sound and sustainable economic development are met: (A) Security \nSecurity is necessary for economic development. Persistent poverty and oppression can lead to hopelessness, despair, and to failed states that become havens for terrorists. (B) Policies that support broad-based economic growth \nSuccessful long-term development can only occur through broad-based economic growth that enables the poor to increase their incomes and have access to productive resources and services so that they can lead lives of decency, dignity, and hope. (C) Democracy and the rule of law \nDemocratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. The ability of people to participate in the economic and political processes affecting their lives is essential to sustained growth. The rule of law and a commitment to fight corruption is also critical to the development of a prosperous society. (D) Investments in people \nEconomic growth and democracy can be sustained only if both men and women have the basic tools and capabilities that foster the opportunity for participation in the economic, social, and political life of their countries. Successful development of countries requires citizens who are literate, healthy, and prepared and able to work. (7) Economic assistance programs authorized under this part, as administered by the United States Agency for International Development and other Federal agencies, are of critical importance in assisting countries to be in a position to maximize the effectiveness of assistance authorized by this title. (8) It is in the national interest of the United States to help those countries that are implementing the economic and political reforms necessary for development to occur. (9) On March 14, 2002, the President stated that the growing divide between wealth and poverty, between opportunity and misery, is both a challenge to our compassion and a source of instability... [w]e must confront it... [w]e must include every African, every Asian, every Latin American, every Muslim, in an expanding circle of development.. (10) The President has pledged that funds requested for the Millennium Challenge Account shall be in addition to, and not a substitute for, existing development and humanitarian programs. (11) Development assistance alone is not sufficient to stimulate economic growth and development. Assistance has been shown to have a positive impact on growth and development in developing countries with sound policies and institutions. If countries have poor policies and institutions, however, it is highly unlikely that assistance will have a net positive effect. (12) Economic development, and the achievement of the Millennium Development Goals, must be a shared responsibility between donor and recipient countries. (b) Statement of policy regarding a new compact for global development \nIt is, therefore, the policy of the United States to support a new compact for global development that— (1) increases support by donor countries to those developing countries that are fostering democracy and the rule of law, investing in their people, and promoting economic freedom for all their people; (2) recognizes, however, that it is the developing countries themselves that are primarily responsible for the achievement of those goals; (3) seeks to coordinate the disparate development assistance policies of donor countries, and to harmonize the trade and finance policies of donor countries with their respective development assistance programs; and (4) aims to reduce poverty by significantly increasing the economic growth trajectory of beneficiary countries through investing in the productive potential of the people of such countries.", "id": "HD6FC6928CCB240ECB962B20089F0D563", "header": "Findings; Statement of policy" }, { "text": "104. Definitions \n(a) Council \nSection 603 of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7702) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Council \nThe term Council means the Millennium Challenge Advisory Council established under section 620 of this title.. (b) Millennium development goals \nSection 603 of title VI of division D of the Consolidated Appropriations Act, 2004, as amended by subsection (a), is further amended by adding at the end the following new paragraph: (9) Millennium development goals \nThe term Millennium Development Goals means the key development objectives described in the United Nations Millennium Declaration, as contained in United Nations General Assembly Resolution 55/2 (September 2000), which aim to eradicate extreme poverty and hunger, achieve universal primary education, promote gender equality and empower women, reduce child mortality, improve maternal health, combat HIV/AIDS, malaria, and other infectious diseases, ensure environmental sustainability, and develop a global partnership for development..", "id": "H612DC8EAAB73404C9D55FFDB843D8451", "header": "Definitions" }, { "text": "105. Principal objectives \nSection 605(a) of title VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7704(a)) is amended— (1) by striking Notwithstanding and inserting the following: (1) In general \nNotwithstanding ; and (2) by adding at the end the following: (2) Principal objectives \nAssistance provided under paragraph (1) should advance a country’s progress toward promoting the following principal objectives: (A) Fostering democratic societies, human rights, and the rule of law \nThe assistance should promote— (i) political, social, and economic pluralism; (ii) respect for the rule of law; (iii) anti-corruption initiatives and law enforcement; (iv) development of institutions of democratic governance, including electoral and legislative processes; (v) transparent and accountable public administration at all levels of government; (vi) a fair, competent, and independent judiciary; and (vii) a free and independent media. (B) Fostering investment in education and health infrastructure and systems \nThe assistance should foster improved educational opportunities and health conditions, particularly for women and children, including through— (i) support for programs and personnel that promote broad-based primary education, including through the development of academic curricula, by making available textbooks and other educational materials, and through appropriate use of technology; (ii) support for programs to strengthen and build institutions, including primary health care systems, infrastructure, facilities, and personnel that provide quality health care; (iii) support for improved systems for the delivery of healthy water and sanitation services; and (iv) support for programs that reduce child mortality (including those programs that combat HIV/AIDS, malaria, tuberculosis, and other infectious diseases, consistent with sections 104(c), 104A, 104B, and 104C of this Act). (C) Promoting economic freedom, broad-based economic growth, and fostering free market systems \nThe assistance should foster the institutions and conditions needed to promote free market systems, trade, and investment, including— (i) the reform and restructuring of banking and financial systems, including by allowing foreign competition in the banking and financial sectors, where appropriate; (ii) the development of transparent and efficient commercial codes and reduction in the regulatory burden on business; (iii) the protection of property rights, including— (I) private property and intellectual property rights, including through the adoption and effective enforcement of intellectual property treaties or international agreements; and (II) the establishment and maintenance of an efficient and integrated legal property system that, among other things, facilitates the ability of the poor, particularly women, to convert physical and intellectual assets into capital, such as utilizing existing practices and customs that allow assets to be documented in a manner that makes the assets widely transferable, leveragable, and fungible, that allows individuals to hold legal title to their property, and that holds owners accountable for transactions involving their property; (iv) support for market-based policies that support increased agricultural production; (v) a strong commitment to sound monetary and budgetary policies; (vi) the development of small businesses, private cooperatives, credit unions, and trade and labor unions; (vii) the protection of internationally recognized workers' rights; and (viii) the capacity of eligible countries to ameliorate damage to the environment and respect other environmental standards..", "id": "H767945C29184489A86DA86A4F4F3DB45", "header": "Principal objectives" }, { "text": "106. Transfer to Foreign Assistance Act of 1961 \n(a) Transfer \nTitle VI of division D of the Consolidated Appropriations Act, 2004 (Public Law 108-199) (other than the short title of such division) is hereby— (1) transferred from the Consolidated Appropriations Act, 2004, to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and (2) inserted after title V of chapter 2 of part I of the Foreign Assistance Act of 1961. (b) Redesignation \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 (as added by subsection (a)) is amended— (1) by redesignating sections 601 through 620 as sections 251 through 270, respectively; and (2) by striking each reference in such title to any of sections 601 through 620 and inserting a reference to the corresponding section number (as redesignated by paragraph (1)). (c) Conforming Amendment \nThe table of contents of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended by striking the item relating to title VI of division D of such Act.", "id": "HFB0717BA85794E989E3C21C3771299CE", "header": "Transfer to Foreign Assistance Act of 1961" }, { "text": "201. HELP Commission Act \n(a) Transfer to the Foreign Assistance Act of 1961 \nSection 637 of title VI of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is hereby— (1) transferred from the Consolidated Appropriations Act, 2004, to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and (2) inserted after section 134 of the Foreign Assistance Act of 1961. (b) Redesignation \nChapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by redesignating section 637 (as added by subsection (a)) as section 135. (c) Conforming Amendment \nSection 135 of the Foreign Assistance Act of 1961 (as redesignated by subsection (b)) is amended by striking the section designation and all that follows through (a) This section and inserting the following: 135. HELP Commission Act \n(a) This section.", "id": "H93F897E5E598415C8CCA993673D5DB5B", "header": "HELP Commission Act" }, { "text": "135. HELP Commission Act \n(a) This section", "id": "H79EC02164D6C4CCA93D39C2E9431D8D6", "header": "HELP Commission Act" }, { "text": "202. Foreign Aid Impact Assessment Act \n(a) Redesignation \nSection 135 of the Foreign Assistance Act of 1961 (as added by section 201) is amended by redesignating subsection (k) of such section as section 136. (b) Conforming Amendments \nSection 136 of the Foreign Assistance Act of 1961 (as added by subsection (a)) is amended— (1) by redesignating each paragraph, subparagraph, and clause of such section as a subsection, paragraph, or subparagraph, respectively; (2) by striking the section designation and all that follows through (a) Not later than and inserting the following: 136. Foreign Aid Impact Assessment Act \n(a) Not later than ; (3) in paragraphs (1) and (2) of subsection (b) (as redesignated by paragraph (1)), by striking paragraph (1)(A)(i) each place it appears and inserting subsection (a)(1)(A) ; and (4) in subsection (c) (as redesignated by paragraph (1)), by striking paragraphs (1) and (2) and inserting subsections (a) and (b).", "id": "H76ED08E07CD44999806C28C2C3D10A0", "header": "Foreign Aid Impact Assessment Act" }, { "text": "136. Foreign Aid Impact Assessment Act \n(a) Not later than", "id": "H3208B12AA0DE4ADE9FB1CDB701C0064", "header": "Foreign Aid Impact Assessment Act" }, { "text": "211. Repeals; conforming amendments \n(a) Repeals \n(1) General development assistance \nThe following provisions of chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) are hereby repealed: Sections 107, 110, 120, 124, 125, 127, and 128. (2) Prototype desalting plant \nSection 219 of the Foreign Assistance Act of 1961 (22 U.S.C. 2179) is hereby repealed. (3) International disaster assistance \nThe following provisions of chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) are hereby repealed: Sections 494, 495, and 495B through 495K. (b) Conforming Amendments \n(1) Section 299(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2220d(a)) is amended by striking sections 110(b) and and inserting section. (2) Section 210 of title 35, United States Code, is amended by striking paragraph (15).", "id": "H0C6BBFB74C2B4B99B813ED00160003D1", "header": "Repeals; conforming amendments" }, { "text": "212. General authorities \n(a) Amendment \nSection 635(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2395(a)) is amended to read as follows: (a) Except as otherwise specifically provided in this Act, assistance under this Act may be provided on such terms and conditions as the President may determine to countries, organizations, and areas on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be deemed to be best suited to the achievement of the purposes of this Act. Assistance may be provided on a bilateral basis or through regional, multilateral, private, or other entities.. (b) Repeal \nSection 122 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151t) is hereby repealed.", "id": "H5B721FDB783F40CFB2A29DA8D4725DC9", "header": "General authorities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Local Government and Traveler Assistance Act of 2004.", "id": "HA8FD64D8A9B6485F8CBA82EF22710020", "header": "Short title" }, { "text": "2. Under Secretary for Local Government and Tourism of the Department of Homeland Security \n(a) Establishment of Under Secretary for Local Government and Tourism \nSection 103(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a) ) is amended by redesignating paragraphs (2) through (9) in order as paragraphs (3) through (10), and by inserting after paragraph (1) the following: (2) An Under Secretary for Local Government and Tourism.. (b) Functions \nSuch Act is further amended— (1) in section 102(c) ( 6 U.S.C. 112(c) ) by striking through the Office of State and Local Coordination (established under section 801) and inserting through the Under Secretary for Local Government and Tourism ; (2) in section 102(f) ( 6 U.S.C. 112(f) ) by striking so much as precedes paragraph (1) and inserting the following: (f) Under Secretary for Local Government and Tourism \nThe Under Secretary for Local Government and Tourism shall be responsible for— ; and (3) in section 801 ( 6 U.S.C. 361 )— (A) in subsection (a)— (i) by striking in the Office of the Secretary ; and (ii) by adding at the end the following: The Under Secretary for Local Government and Tourism shall be the head of the Office. ; and (B) in subsection (b) by striking The Office established under this section and inserting The Under Secretary for Local Government and Tourism, through the Office,.", "id": "H599B2B7CA850433B00FD9E822B7BF4E4", "header": " Under Secretary for Local Government and Tourism of the Department of Homeland Security" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Park Anniversaries—Great American Spaces Commemorative Coin Act.", "id": "H660C91CF103846B0A209EDCB2E4B1623", "header": "Short title" }, { "text": "2. FINDINGS \nThe Congress finds the following: (1) The National Park Foundation (NPF) is the congressionally-chartered nonprofit partner of America's National Parks. (2) The mission of the National Park Foundation is to strengthen the enduring connection between the American people and their National Parks by raising private funds, making strategic grants, creating innovative partnerships and increasing public awareness of National Parks. (3) The Parks represented in this program represent some of the most beloved, and treasured National Parks in America. (4) The National Park Service was established in 1916 to preserve and protect great scenic parks such as Grand Canyon and Yosemite is a time honored tradition while also managing battlefields such as Gettysburg and historical sites such as the Lincoln Memorial. (5) Theodore Roosevelt said that nothing short of defending this country in wartime compares in importance with the great task of leaving this land even a better land for our descendents than it is for us …. (6) Parks established under Theodore Roosevelt’s presidency, such as Grand Canyon and Devils Tower, are the embodiment of this ideal.", "id": "H94138FF0F3334C1188315EBF9E2F0074", "header": "FINDINGS" }, { "text": "3. Coin specifications \n(a) $1 silver coins for national parks observing historic anniversaries of their founding \nThe Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall mint and issue not more than 300,000 $1 coins for each of the National Parks specified in section 4(d), each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H72C271632DBE4CF582945BCA8BF33F66", "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 developed in consultation with the National Park Foundation and shall be emblematic of the National Park being commemorated on each coin. (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 in which the coin is minted; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Parks Foundation; and (2) reviewed by the Citizens Advisory Committee established under section 5135 of title 31, United States Code (c) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (d) National parks to be commemorated \nThe National Parks to be commemorated, the year of commemoration, and the anniversary to be observed are as follows: Year of Issuance National Park or Park Service Anniversary 2007 Devils Tower National Monument 100th 2008 Grand Canyon National Park 100th 2010 Glacier National Park 100th 2011 Lincoln Memorial 100th 2014 Yosemite National Park 150th 2015 Rocky Mountain National Park 100th 2016 National Park Service 100th 2017 Denali National Park 100th 2018 Acadia National Park 100th 2019 Zion National Park 100th 2020 Gettysburg National Military Park 125th", "id": "H2E8486B87E9F4A5D9685EA928CABF45", "header": "Design of coins" }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1 of the year of issuance as specified in section 4(d), except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of minting authority \nNo coins shall be minted under this Act after December 31 of the year of issuance specified in section 4(d).", "id": "HB3853B1A9C544BCC8701C7304517A940", "header": "Issuance of coins" }, { "text": "6. Sale of coins \n(a) Sale price \nNotwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders at a discount \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of single coins and sets of coins \nCoins of each design specified under section 4 may be sold separately or as a set containing other coins authorized in this Act.", "id": "H6C26D7A209D44C3800DD00BE4D29782F", "header": "Sale of coins" }, { "text": "7. Surcharges \n(a) Surcharge required \nAll sales shall include a surcharge of $10 per coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for use as follows: (1) 50 percent of the surcharges received shall be used by the National Park Foundation in support of all National Parks. (2) 50 percent received shall be used by the National Park Foundation for the benefit of the National Parks designated in section 4(d) (in addition to any amount allocable to any such Park from expenditures of amounts under paragraph (1)). (c) Audits \nThe National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.", "id": "H8DD285C236DD4FB689B22498DB2BD9A3", "header": "Surcharges" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Troops Phone Home Free Act of 2004.", "id": "H67C0F8B17B7E48E3B49F3E7000450411", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The United States Armed Forces are the finest in the world. (2) Members of the Armed Forces are bravely placing their lives in danger in Operation Iraqi Freedom and Operation Enduring Freedom. (3) Their families and loved ones are making sacrifices at home in support of members of the Armed Forces abroad. (4) Telephone contact with family and friends provides significant emotional and psychological support to members of the Armed Forces abroad and helps to sustain and improve their morale.", "id": "H780FF8B0A4B143EE83919C107320C7B1", "header": "Findings" }, { "text": "3. Department of Defense telecommunications benefit \n(a) Provision of benefit \nAs soon as possible after the date of enactment of this Act, the Secretary of Defense shall provide, wherever practicable, prepaid phone cards, or an equivalent telecommunications benefit which includes access to telephone service, to members of the Armed Forces deployed outside the United States who are directly supporting Operation Iraqi Freedom or Operation Enduring Freedom, as determined by the Secretary, to enable such members to make telephone calls to family and friends in the United States without cost to the member. (b) Monthly amount \nThe value of the benefit provided by subsection (a) shall not exceed $40 per month per person. (c) End of program \nThe program established by subsection (a) shall terminate on the date that is 60 days after the date on which the Secretary determines that both Operation Iraqi Freedom and Operation Enduring Freedom have ended. (d) Funding \n(1) Use of existing resources \nIn carrying out this section, the Secretary shall maximize the use of existing Department of Defense telecommunications programs and capabilities, private support organizations, private entities offering free or reduced-cost telecommunications services, and programs to enhance morale and welfare. (2) Use of appropriated funds \nIn addition to resources described in paragraph (1) and notwithstanding any limitation on the expenditure or obligation of appropriated amounts, the Secretary may use available funds appropriated to or for the use of the Department of Defense that are not otherwise obligated or expended to carry out this section.", "id": "H95C6C8E132CC4D268950E4321871D4B2", "header": "Department of Defense telecommunications benefit" }, { "text": "4. Deployment of additional telephone equipment \nThe Secretary of Defense shall work with telecommunications providers to facilitate the deployment of additional telephones for use in calling the United States under this Act as quickly as practicable, consistent with the availability of resources. Consistent with the timely provision of telecommunications benefits under this Act, the Secretary should carry out this section and section 3 in a manner that allows for competition in the provision of such benefits.", "id": "HB6D00A7106104884BE00FDBABE5468AA", "header": "Deployment of additional telephone equipment" }, { "text": "5. No compromise of military mission \nThe Secretary of Defense shall not take any action under this Act that would compromise the military objectives or mission of the Armed Forces.", "id": "H085D38A84EE94E88ACFE83B469789EAB", "header": "No compromise of military mission" } ]

[ { "text": "1. Repeal of comparative cost adjustment program \nSubtitle E of title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) is repealed and the provisions of law amended by such subtitle are restored as if such subtitle had not been enacted.", "id": "HD7C84E841D384CAFAA686DA54B075BFC", "header": "Repeal of comparative cost adjustment program" } ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Importation of Safe Food Act of 2004. (b) Findings \nThe Congress finds as follows: (1) The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( Public Law 107–188 ) provided the Secretary of Health and Human Services with the authority and mandate to protect United States borders against threats posed by the potential of unsafe food articles entering America’s food supply. (2) Many legitimate importers of unadulterated and safe food articles posing no risk to the health or safety of animals or humans will be unable to comply with the regulations enacted or proposed to be fully enforced by the Secretary as a result of certain of the requirements placed upon the Secretary as set forth in such Act. (3) It is incumbent upon the Congress to fully enable the Secretary to protect Americans from all threats posed or that may potentially be posed by food articles entering ports of entry into the United States. (4) It is equally incumbent upon the Congress to ensure that the protections enacted by the Secretary do not unduly and unnecessarily hinder legitimate commercial activity that poses no such threat to the health or safety of American consumers or potential consumers.", "id": "H61064C7AF91646D98966A7FE70AFB300", "header": "Short title; findings" }, { "text": "2. Registration of food facilities \n(a) In general \nSection 415(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350d(a) ), as added by section 305(a) of Public Law 107–188 , is amended— (1) in paragraph (1), by inserting or for export from the United States after consumption in the United States ; and (2) in paragraph (4), by adding at the end the following: Nothing in this paragraph may be construed as preventing the Secretary from verifying compliance with this section.. (b) Importation; failure to register \nSection 801(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(l) ), as added by section 305(c) of Public Law 107–188 , is amended by striking (l)(1) If and all that follows through has not in the first sentence and inserting the following: (l) If an article of food is being imported or offered for import into the United States, and the Secretary is unable to verify that the article is from a foreign facility for which a registration has.", "id": "H20F03DF2E75246BCA445A1393948D0CE", "header": "Registration of food facilities" }, { "text": "3. Prior notice of imported food shipments \nSection 801(m) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(m) ), as added by section 307(a) of Public Law 107–188 , is amended— (1) in paragraph (1), in the first sentence— (A) by striking identity of each of the following: and inserting identity of each of the following by whatever means available to the importer: ; and (B) by inserting the name and address of before the manufacturer and shipper ; and (2) in paragraph (3), by adding at the end the following subparagraph: (C) This subsection may not be construed as authorizing the Secretary, without additional reason or cause, to deny importation of any food article solely on the basis of an incomplete or otherwise inaccurate notice under paragraph (1), provided such notice contains verifiable information for the Secretary to determine whether there is any credible evidence or information indicating that such article presents a threat of serious adverse health consequences or death to humans or animals..", "id": "HB5011A966514415A99E8A7ED7318A434", "header": "Prior notice of imported food shipments" } ]

[ { "text": "1. National plan for control and management of Sudden Oak Death \n(a) Development of national plan \nSubject to the availability of appropriated funds for this purpose, the Secretary of Agriculture, acting through the Animal Plant and Health Inspection Service, shall develop a national plan for the control and management of Sudden Oak Death, a forest disease caused by the fungus-like pathogen Phytophthora ramorum. (b) Plan elements \nIn developing the plan, the Secretary shall specifically address the following: (1) Information derived by the Department of Agriculture from ongoing efforts to identify hosts of Phytophthora ramorum and survey the extent to which Sudden Oak Death exists in the United States. (2) Past and current efforts to understand the risk posed by Phytophthora ramorum and the results of control and management efforts regarding Sudden Oak Death, including efforts related to research, control, quarantine, and hazardous fuel reduction. (3) Such future efforts as the Secretary considers necessary to control and manage Sudden Oak Death, including cost estimates for the implementation of such efforts. (c) Consultation \nThe Secretary shall develop the plan in consultation with other Federal agencies that have appropriate expertise regarding the control and management of Sudden Oak Death. (d) Implementation of plan \nThe Secretary shall complete the plan and commence implementation as soon as practicable after the date on which funds are first appropriated pursuant to the authorization of appropriations in subsection (e) to carry out this section. (e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.", "id": "H2B7388E051A3404900EA0043AF64CD9C", "header": "National plan for control and management of Sudden Oak Death" } ]

[ { "text": "1. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES \n(a) Extension of Deadline \nSection 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) (as amended by section 11018 of Public Law 107–273 ) is amended by striking 2004. and inserting 2009.. (b) Designation of Health Professional Shortage Areas by State Agencies \nSection 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) by striking professionals, and inserting professionals or in other shortage locations specified by a State department of public health (or its equivalent), ; and (2) by striking in a geographic area designated by the Secretary. and inserting in such a geographic area or other shortage location.. (c) Exemption from H1B Numerical Limitations \nSection 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by adding at the end the following: The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested State agency..", "id": "H17D766393ED14C4991823548ABFB5CED", "header": "WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Save Every Child Using Restraints Act of 2004.", "id": "H0F46A629ABEC4314BEB1CEDE09055B2F", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) According to a National Transportation Safety Board report, the current safety feature of compartmentalization does not protect school bus passengers during lateral impacts and rollover crashes because passengers do not always remain completely in their seat. (2) Studies by the National Highway Traffic Safety Administration indicated less trauma to the head and neck of those passengers wearing 3-point safety belts in school buses than by passengers in buses without 3-point safety belts, or wearing only lap safety belts. (3) Such studies also concluded that 3-point safety belts may not be compatible with seats designed according to the current safety mechanism of compartmentalization. (4) Such studies have also shown the need for proper use of safety belts and the need for increased education in school bus safety and safety belt use.", "id": "H88F2076D9BAD4FE5BD21ABAF9B79FC4", "header": "Findings" }, { "text": "3. 3-point safety belts in school buses \nThe Secretary of Transportation shall prescribe regulations establishing a safety standard requiring that all school buses with a gross vehicle weight of more than 10,000 pounds be equipped with 3-point safety belts on all seats. In formulating the safety standard, the Secretary shall consider the compatibility of 3-point safety belts on seats designed according to the current safety mechanism of compartmentalization, as designated by the National Highway Traffic Safety Administration.", "id": "H75ABF6D75D464ED4BC98BFE333E569A1", "header": "3-point safety belts in school buses" } ]

[ { "text": "1. Waiver of grounds for removal of, denial of admission to, David Adekoya \n(a) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , David Adekoya may not be removed from the United States, or denied admission to the United States, by reason of any act of his that is a ground for removal or denial of admission and is reflected in the records of the Department of Homeland Security, or the Visa Office of the Department of State, on the date of the enactment of this Act. (b) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal, or any finding of inadmissibility or deportability, that has been entered against David Adekoya by reason of any act described in subsection (a). (c) Establishment of good moral character \nNotwithstanding section 101(f) of the Immigration and Nationality Act , any act described in subsection (a) may not be considered in determining whether David Adekoya is, or during any period has been, a person of good moral character for purposes of the Immigration and Nationality Act.", "id": "H8A99BB80147240588EEAB35859136600", "header": "Waiver of grounds for removal of, denial of admission to, David Adekoya" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004.", "id": "H67E4CFA0D44C4079AE8B5C07C046F612", "header": "Short title" }, { "text": "2. Protecting children from drug traffickers \n(a) Distribution to persons under 21 years of age; first offense \nSection 418(a) of the Controlled Substances Act (21 U.S.C. 859(a)) is amended— (1) by inserting or section 406 after 401(a)(1) ; (2) by inserting , or attempting or conspiring to do so, after twenty-one years of age ; (3) by striking involving the same controlled substance and schedule and inserting without regard to the type of controlled substance and schedule ; and (4) by striking not less than one year. and inserting not less than 5 years. Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection in a case involving distribution to a person under 18 years of age by a person 21 or more years of age shall be not less than 10 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.. (b) Distribution to persons under 21 years of age; second or subsequent offense \nSection 418(b) of the Controlled Substances Act (21 U.S.C. 859(b)) is amended— (1) by inserting or section 406 after 401(a)(1) ; (2) by inserting , or attempting or conspiring to do so, after twenty-one years of age ; (3) by striking involving the same controlled substance and schedule and inserting without regard to the type of controlled substance and schedule ; (4) by inserting or for a felony drug offense after May 1, 1971 ; and (5) by striking not less than one year. and inserting not less than 10 years. Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection in a case involving distribution to person under 18 years of age by a person 21 or more years of age shall be a mandatory term of life imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.. (c) Distribution or manufacture near schools or colleges; first offense \nSection 419(a) of the Controlled Substances Act (21 U.S.C. 860(a)) is amended— (1) by striking or section 416 and inserting , section 406, or section 416 ; (2) by inserting , or attempting or conspiring to do so, after manufacturing a controlled substance ; (3) by striking within 100 feet of ; (4) by inserting , or public library, or public or private daycare facility after video arcade facility ; and (5) by striking not less than one year and inserting not less than 5 years. (d) Distribution or manufacture near schools or colleges; second or subsequent offense \nSection 419(b) of the Controlled Substances Act (21 U.S.C. 860(b)) is amended— (1) by striking or section 416 and inserting , section 406, or section 416 ; (2) by inserting , or attempting or conspiring to do so, after manufacturing a controlled substance ; (3) by striking within 100 feet of ; (4) by inserting , or public library, or public or private daycare facility after video arcade facility ; (5) by inserting or for a felony drug offense after subsection (a) of this section ; and (6) by striking not less than three years each place it appears and inserting not less than 10 years. (e) Employing children in distribution near protected places \nSection 419(c) of the Controlled Substances Act (21 U.S.C. 860(c)) is amended— (1) by striking at least 21 years of age and inserting at least 18 years of age ; (2) by inserting Except to the extent a greater minimum sentence is otherwise provided for by section 401(b), a person shall be sentenced under this subsection to a term of imprisonment of not less than 10 years after triple those authorized by section 401. ; (3) by striking (1) and inserting (A) and in subparagraph (A) as so redesignated, by inserting , or attempts or conspires to do so after to violate this section ; (4) by striking (2) and inserting (B) and in subparagraph (B) as so redesignated, by inserting , or attempts or conspires to do so after official ; (5) by inserting (1) after (c) ; and (6) by adding at the end the following: (2) Second or subsequent offenses \nParagraph (1) shall be applied to an offense after a single prior conviction under that paragraph or for a felony drug offense has become final by substituting not less than 15 years for not less than 10 years. Penalties for third or subsequent convictions are governed by section 401(b)(1)(A).. (f) Employment or use of persons under 18 years old; first offense \nSection 420(a)(1) of the Controlled Substances Act (21 U.S.C. 861(a)(1)) is amended by inserting , or attempts or conspires to do so after chapter. (g) Employment or use of persons under 18 years old; first offense \nSection 420(a)(2) of the Controlled Substances Act (21 U.S.C. 861(a)(2)) is amended by inserting , or attempts or conspires to do so after official. (h) Employment or use of persons under 18 years old; first offense \nSection 420(a)(3) of the Controlled Substances Act (21 U.S.C. 861(a)(3)) is amended by inserting , or attempts or conspires to do so after chapter. (i) Employment or use of persons under 18 years old; first offense \nSection 420(b) of the Controlled Substances Act (21 U.S.C. 861(b)) is amended by striking not less than one year. and inserting not less than 5 years. Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment of a person 21 or more years of age convicted under this subsection shall not be less than 10 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.. (j) Employment or use of persons under 18 years old; second or subsequent offense \nSection 420(c) of the Controlled Substances Act (21 U.S.C. 861(c)) is amended— (1) by inserting for a felony drug offense after prior conviction under subsection (a) of this section ; and (2) by striking not less than one year. and inserting not less than 10 years. Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment of a person 21 years or more of age convicted under this subsection shall be a mandatory term of life imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.. (k) Providing or distributing a controlled substance to an underage person \nSection 420(d) of the Controlled Substances Act (21 U.S.C. 861(d)) is amended by striking subject to a term of imprisonment for not more than 5 years and inserting sentenced to a term of imprisonment of not less than 5 years. (l) Sentencing guidelines \n(1) Not more than 90 days after the date of the enactment of this Act, the Sentencing Commission shall amend the sentencing guidelines, policy statements, and official commentary issued under section 994 of title 28, United States Code, so as to ensure that the sentence of any person who has been convicted of a felony violation of title II of the Controlled Substances Act , or a felony violation of the Controlled Substances Import and Export Act, is calculated in accordance with the following requirements if any part of the offense or relevant conduct involved manufacturing, transporting, possessing, storing, using, or trafficking in a controlled substance or a chemical or material used or intended to be used in the manufacture of any controlled substance in or near the presence of a person under the age of 18, or in a location in which a person under the age of 18 resides for any period of time, or if any of the offense or relevant conduct involved conduct constituting an offense under section 417(b), 418, 419, 419a, or 420 of the Controlled Substances Act (whether or not charged): (A) Section 5C1.2 of the guidelines shall not apply. (B) Increase the base offense level by 2 levels. (C) If the defendant was the parent or guardian or person otherwise responsible for the care or supervision of the person under the age of 18 increase the base offense level by 4 levels. (2) Section 3553(f) of title 18, United States Code, is amended— (A) in paragraph (4), by striking and at the end; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) no part of the offense or relevant conduct involved manufacturing, transporting, possessing, storing, using, or trafficking a controlled substance or a chemical or material used or intended to be used in the manufacture of any controlled substance in or near the presence of a person under the age of 18; or in a location in which a person under the age of 18 resides for any period of time; or if any of the offense or relevant conduct involved conduct constituting an offense under section 417(b), 418, 419, 419a or 420 of the Controlled Substances Act (whether or not charged); and.", "id": "H2A37A00C72A64EADA20453224613AEE1", "header": "Protecting children from drug traffickers" }, { "text": "3. Fairness in sentencing: assuring traffickers in large quantities of drugs receive appropriate sentences and denying double sentencing benefits \n(a) In general \nThe Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, as in effect on May 1, 2004, is amended— (1) in section 2D1.1(a)(3) by striking , except that if the defendant receives an adjustment under section 3B1.2 (Mitigating Role), the base offense level under this subsection shall not be more than level 30. and inserting below. ; (2) in the Application Notes in the Commentary to section 3B1.2 by striking Application Note 6 in its entirety; (3) in section 2D1.1(b) by striking subsection (6) in its entirety; and (4) in Application Notes in the Commentary to section 2D1.1 by striking Application Note 21 in its entirety. (b) Limitations on commission \n(1) Future amendments \nOn and after the date of the enactment of this Act no amendment promulgated by the Sentencing Commission shall alter or repeal the effect of the amendments made by this section. (2) Amendments as of enactment \nUpon the enactment of this Act, any amendment to the Guidelines Manual promulgated by the Sentencing Commission before such enactment shall have no further force or effect to the extent that amendment— (A) is to section 2D1.11 or to a provision of the Guidelines Manual that is amended by subsection (a); and (B) takes effect after May 1, 2004 but before the date of the enactment of this Act.", "id": "H247602A777F74AC6001FCB35041140BC", "header": "Fairness in sentencing: assuring traffickers in large quantities of drugs receive appropriate sentences and denying double sentencing benefits" }, { "text": "4. Protecting persons in drug treatment \n(a) In general \nThe Controlled Substances Act is amended by inserting after section 419 (21 U.S.C. 860) the following: 419a. protection of persons in drug treatment \n(a) Any person who violates section 401(a)(1), section 406, or section 416 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within 1,000 feet of, the real property comprising a drug treatment facility, or attempting or conspiring to do so, shall, except to the extent a greater minimum sentence is provided, be imprisoned for not less than 5 nor more than life. (b) Whoever intentionally offers, solicits, entices, persuades, encourages, induces, or coerces a person enrolled in a drug treatment program or facility, who is under a court order to do so, or who has previously been enrolled in a drug treatment program or facility, to purchase, receive, or possess a controlled substance, attempts or conspires to do so, except to the extent that a greater minimum sentence is provided for, shall be sentenced to a term of imprisonment which may not be less than 5 years or more than life and if death or serious bodily injury resulted from the use of such substance shall not be less than 10 or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction under this subsection or after a prior conviction for any felony drug offense has become final, such person shall be sentenced to not less than 10 years and if death or serious bodily injury resulted from the use of such substance shall be sentenced to life. Penalties for third or subsequent convictions shall be governed by section 841(a)(1)(A) of this title. (c) As used in this section— (1) the term drug treatment facility includes— (A) any location at which a practitioner is authorized to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)); (B) any location at which an individual or entity (other than a general medical care facility) provides drug abuse diagnosis, treatment or referral for treatment; and (C) an identified unit within a general medical facility which provides drug abuse diagnosis, treatment, or referral for treatment; and (2) the term drug treatment program includes— (A) a practitioner or entity who dispenses narcotic drugs to individuals for maintenance treatment or detoxification treatment under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g); (B) an individual or entity which provides drug abuse diagnosis, treatment or referral for treatment; (C) medical personnel or other staff in a general medical care facility whose primary function is the provision of drug abuse diagnosis, treatment or referral for treatment; and (D) a practitioner or entity who is authorized by the Substance Abuse and Mental Health Services Administration to dispense opioid agonist treatment medication to individuals for maintenance treatment or detoxification treatment.. (b) Clerical amendment \nThe table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 419 the following new item: 419a. Protection of persons in drug treatment.", "id": "H6AE4E8EF5D8448D6A5FF77BE45879483", "header": "Protecting persons in drug treatment" }, { "text": "419a. protection of persons in drug treatment \n(a) Any person who violates section 401(a)(1), section 406, or section 416 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within 1,000 feet of, the real property comprising a drug treatment facility, or attempting or conspiring to do so, shall, except to the extent a greater minimum sentence is provided, be imprisoned for not less than 5 nor more than life. (b) Whoever intentionally offers, solicits, entices, persuades, encourages, induces, or coerces a person enrolled in a drug treatment program or facility, who is under a court order to do so, or who has previously been enrolled in a drug treatment program or facility, to purchase, receive, or possess a controlled substance, attempts or conspires to do so, except to the extent that a greater minimum sentence is provided for, shall be sentenced to a term of imprisonment which may not be less than 5 years or more than life and if death or serious bodily injury resulted from the use of such substance shall not be less than 10 or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction under this subsection or after a prior conviction for any felony drug offense has become final, such person shall be sentenced to not less than 10 years and if death or serious bodily injury resulted from the use of such substance shall be sentenced to life. Penalties for third or subsequent convictions shall be governed by section 841(a)(1)(A) of this title. (c) As used in this section— (1) the term drug treatment facility includes— (A) any location at which a practitioner is authorized to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)); (B) any location at which an individual or entity (other than a general medical care facility) provides drug abuse diagnosis, treatment or referral for treatment; and (C) an identified unit within a general medical facility which provides drug abuse diagnosis, treatment, or referral for treatment; and (2) the term drug treatment program includes— (A) a practitioner or entity who dispenses narcotic drugs to individuals for maintenance treatment or detoxification treatment under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g); (B) an individual or entity which provides drug abuse diagnosis, treatment or referral for treatment; (C) medical personnel or other staff in a general medical care facility whose primary function is the provision of drug abuse diagnosis, treatment or referral for treatment; and (D) a practitioner or entity who is authorized by the Substance Abuse and Mental Health Services Administration to dispense opioid agonist treatment medication to individuals for maintenance treatment or detoxification treatment.", "id": "HB9314ACC66ED4E2286BA1E1300DCEA76", "header": "protection of persons in drug treatment" }, { "text": "5. Conforming guideline sentencing to conspiracy law \nNot more than 90 days after the date of the enactment of this Act, the Sentencing Commission shall amend the sentencing guidelines, policy statements, and official commentary issued under section 994 of title 29, United States Code, so as to ensure that the relevant conduct under section 1B1.2 of any person who has been convicted of a felony violation of title II of the Controlled Substances Act, or a felony violation of the Controlled Substances Import and Export Act, includes the conduct of members of the conspiracy before the defendant joined the conspiracy that was known to the defendant before joining the conspiracy, and includes the conduct of members of the conspiracy during the defendant’s participation in the conspiracy that was known to the defendant or was reasonably forseeable (whether or not a conspiracy was charged).", "id": "H77764A9D54A5418DB175690071C70099", "header": "Conforming guideline sentencing to conspiracy law" }, { "text": "6. Assuring limitation on applicability of statutory minimums to persons who have done everything they can to assist the Government \nSection 3553(f) of title 18, United States Code, is amended— (1) so that paragraph (6), as so redesignated by section 2 of this Act, reads as follows: (6) the Government certifies that the defendant has entered a timely plea of guilty to the most serious readily provable offense and has otherwise done everything possible to assist substantially in the investigation and prosecution of another person as set forth in subsection (e), but was unable to so assist because the defendant did not have sufficient information, or had information already known to, or not useful to the Government, but a defendant who at any time provided the Government or the court with false, misleading, or incomplete information, otherwise obstructed the administration of justice, or delayed affirmative efforts to assist substantially beyond a time when such efforts could have reasonably been useful to the Government shall not be sentenced under this subsection. ; and (2) by striking court shall impose a sentence and inserting court shall be authorized to impose a sentence.", "id": "H78405758CE97471A9C09148CFD9F1CFA", "header": "Assuring limitation on applicability of statutory minimums to persons who have done everything they can to assist the Government" }, { "text": "7. Assuring sentencing enhancement for relevant conduct \nNot more than 90 days after the date of the enactment of this act, the Sentencing Commission shall amend the sentencing guidelines, policy statements, and official commentary issued under section 994 of title 29, United States Code so as to ensure— (1) that the commentary to section 2D1.2 includes application of the section to violations of section 401 or 406 of the Controlled Substances Act (21 U.S.C. 841 or 846); (2) that the enhancements under Guideline section 2D1.2 and any guideline provision promulgated pursuant to any provision of this Act, are applicable without regard to whether the defendant has been convicted of a statutory violation of drug trafficking in a protected location or involving an underage or pregnant individual (including an attempt or conspiracy to commit such a violation) and without regard to whether the defendant stipulated to such a statutory violation of such an offense; (3) that conduct constituting an offense under section 409, 417, 418, 419, 419a or 420 of the Controlled Substances Act (21 U.S.C. 849, 858, 859, 860, 860a, or 861) (without regard to conviction) shall be treated as relevant conduct under section 1B1.3 for persons convicted under section 401 or 406 of that Act (21 U.S.C. 841 or 846); and (4) that section 2D1.2(a)(1) provides for a 4 rather than a 2 level increase; that section 2D1.2(a)(2) provides for a 2, rather than 1, level increase; that section 2D1.2(a)(3) provides for a level 28, rather than level 26; and that section 2D1.2(a)(4) provides for a level 18, rather than level 13.", "id": "HC4C53A43F0E04827A7A06EB79851D5B", "header": "Assuring sentencing enhancement for relevant conduct" }, { "text": "8. Assuring progressive enhancements for persons possessing or using firearms \nNot more than 90 days after the date of the enactment of this Act, the Sentencing Commission shall amend the sentencing guidelines, policy statements, and official commentary issued under section 994 of title 29, United States Code, so as to ensure— (1) that the specific offender characteristics under section 2D1.1(b) provide for increases to the base offense level of— (A) 8 levels if a firearm was possessed in or near the presence of a person under the age of 18, or in a location in which a person under the age of 18 resides for any period of time; (B) 6 levels if the defendant discharged a firearm or 8 or more firearms were possessed or a firearm described in section 921(a)(23) of title 18, United States Code, was possessed, or a firearm equipped with a device described in section 921(a)(24) of title 18, United States Code, was possessed, or a device described in section 921(a)(4) of title 18, United States Code, was possessed; (C) 4 levels if the defendant brandished or otherwise used a dangerous weapon (including a firearm) or possessed a firearm described in section 921(a), (6), (8), or (30) of title 18 United States Code, or section 5845(a) of title 26, United States Code or 6 or more firearms were possessed; (D) 3 levels if 2 or more firearms were possessed; and (E) 2 levels if a dangerous weapon (including a firearm) was possessed; (2) that the specific offender characteristics under section 2D1.1 provide for an increase to the base offense level of— (A) 6 levels if the offense involved permanent or life-threatening bodily injury; (B) 4 levels if the offense involved serious bodily injury; and (C) 2 levels if the offense involved bodily injury; (3) that the cumulative adjustments under paragraphs (1) and (2) shall not shall not exceed 10 levels; and (4) that the specific characteristics under section 2D1.1 provide for an increase to the base offense level of 2 levels if the defendant committed any part of the instant offense after sustaining a felony conviction for a controlled substance offense.", "id": "HAE6808452F6F46939B6BE63C23007838", "header": "Assuring progressive enhancements for persons possessing or using firearms" }, { "text": "9. Assuring judicial authority consistent with law in sentencings \nRule 11(c)(3) of the Federal Rules of Criminal Procedure is amended by striking subparagraphs (A) through (B) and inserting the following: (A) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(A), the court may accept the agreement, reject it, or defer a decision until the court has reviewed the presentence report. The court may accept the agreement, whether before or after review of the presentence report, only if the court determines, for reasons stated on the record with specificity, that the charge or charges to which the defendant is pleading adequately reflect the seriousness of the actual offense behavior and that accepting the agreement is consistent with the statutory purposes of sentencing and the sentencing guidelines and will permit a sentence within the applicable guideline range, or that the Attorney General has certified that the plea agreement is in the national security interest of the United States. (B) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(B), the court must advise the defendant that the defendant has no right to withdraw the plea if the court does not follow the recommendation or request. The court may only follow the recommendation or request if the recommended or requested sentence is within the applicable guideline range or departs from the applicable guideline range for lawful and justifiable reasons, or that the Attorney General has certified that the recommended or requested sentence is in the national security interest of the United States. (C) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(C), the court may reject the agreement or defer a decision until the court has reviewed the presentence report. The court may only accept the agreed sentence, and must so advise the defendant, if the agreed sentence is within the applicable guideline range or departs from the applicable guideline range for lawful and justifiable reasons, or that the Attorney General has certified that the agreed sentence is in the national security interest of the United States..", "id": "H204D59EBBEDB4F0E828327A07EE4D3DD", "header": "Assuring judicial authority consistent with law in sentencings" }, { "text": "10. Mandatory detention of persons convicted of serious drug trafficking offenses and crimes of violence \nSection 3145(c) of title 18 United States Code, is amended— (1) by inserting prior to sentencing after may be ordered released ; and (2) by striking the judicial officer, if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate. and inserting the judicial officer if, the Government certifies that the defendant is engaged in ongoing active cooperation with the Government in contemplation of the defendant providing substantial assistance to the Government in the investigation and prosecution of another person pursuant to section 3553(e) of this title, section 994(n) of title 28, or United States Sentencing Guidelines section 5K1.1, and that defendant’s release on appropriate conditions pending sentencing is essential to permit such assistance. The judicial officer shall order the defendant detained immediately upon cessation of active cooperation, or upon being sentenced, whichever first occurs. Availability to be interviewed or to testify before a grand jury or a judicial proceeding is not grounds for release..", "id": "H8CD210C91899404EA2B665D9CAC378F0", "header": "Mandatory detention of persons convicted of serious drug trafficking offenses and crimes of violence" }, { "text": "11. Protecting human life and assuring child safety \nSection 417 of the Controlled Substances Act (21 U.S.C. 858) is amended— (1) by inserting (a) before Whoever ; (2) by inserting possessing, storing, or before transporting ; (3) by inserting or intended to be used in the manufacture of a controlled substance, ; (4) by striking not more than 10 years and inserting not less than 3 years nor more than life ; and (5) by inserting at the end the following: (b) Whoever violates subsection (a) by creating a substantial risk of harm to a person under the age of 18, shall be fined in accordance with title 18, United States Code, or imprisoned not less than 5 years, nor more than life, or both..", "id": "H6D6AB375C5E54F17A3CD4B6CCAEA66BD", "header": "Protecting human life and assuring child safety" }, { "text": "12. Life imprisonment without release for drug felons and violent criminals convicted a third time \nSection 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— (1) by inserting 860a, after Except as provided in section 859, 860, ; and (2) by striking If any person commits a violation of this subparagraph or of section 418, 419, or 420 after two or more prior convictions for a felony dug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. and inserting If any person commits a violation of this subparagraph or of section 418, 419, 419a, or 420 (21 U.S.C. 859, 860, 860a, or 861) or a crime of violence after 2 or more prior convictions for a felony drug offense or crime of violence or for any combination thereof have become final, such person shall be sentenced to not less than a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. For purposes of this subparagraph, the term crime of violence means an offense that is a felony punishable by a maximum term of imprisonment of 10 years or more and has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense..", "id": "HEC05BEDBA6454461A0765090F39304F0", "header": "Life imprisonment without release for drug felons and violent criminals convicted a third time" } ]