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[ { "text": "1. Suspension of duty on Anisic Aldehyde \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.34 Anisic Aldehyde (CAS No. 123-11-5) (provided for in subheading 2912.49.10) 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 (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header":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 Anisic Aldehyde" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE8963C78723E4DD7BD3BF605F52B08", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Since their inception in 1986, au pair exchange visitor programs have become some of the most successful cultural exchange programs in the history of the United States. (2) Au pair exchange visitor programs welcome approximately 12,000 au pairs into the United States per year. (3) Permanently authorized in 1997, au pair exchange visitor programs historically only included a child care component for participants. (4) The success of au pair exchange visitor programs in helping to meet the child care needs of families in the United States demonstrates the programs’ capacity to fulfill a demand for in-home assistance while also providing a valuable cultural experience for au pair participants. (5) Currently, there is a critical shortage of providers of in-home independent living services for adults with low or moderate levels of disability. Although these adults only require moderate levels of assistance with basic activities of daily living, the shortage of providers forces many of these adults to rely unnecessarily on expensive skilled care services or to live in an institutional setting at great cost. (6) The expansion of au pair exchange visitor programs to include the provision of in-home independent living services for adults with disabilities would not only improve the quality of life for such adults but would expand opportunities for foreign students to participate in such programs. (7) Due to the complexities of such an expansion, a pilot program using sponsors that are already designated by the Department of State to conduct an au pair exchange program is the appropriate way to gauge the merits of undertaking such expansion on a permanent basis.", "id": "H214EF9AB48414E7BA200319DF627D052", "header": "Findings" }, { "text": "3. Pilot program expanding au pair program to include in-home assistance programs for adults with disabilities \n(a) Establishment of Pilot Program; Termination \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a pilot program under which sponsors designated by the Department of State to conduct an au pair exchange visitor program may place foreign nationals participating in such program in positions that require the foreign national to provide in-home independent living services to an adult with disabilities rather than child care services. Only sponsors designated by the Department of State to conduct an au pair exchange visitor program on the date of the enactment of this Act may participate in such pilot program. Such pilot program shall terminate not earlier than 5 years after the date on which it is commenced. (b) Regulations \nIn promulgating regulations under subsection (a), the Secretary of State— (1) shall define in-home independent living services to include only home support services such as— (A) personal care (such as walking, bathing, dressing, and assistance with eating); (B) homemaker services (shopping, meal preparation, and light housekeeping); and (C) performance of routine household chores (cleaning and yard work) and to exclude the provision of medical care or other services that are required to be delivered by licensed health professionals or under the direction of a physical or occupational therapist; (2) shall ensure that all cultural exchange and educational aspects of the existing au pair exchange visitor programs are unimpaired; (3) may include provisions expanding the age range of au pair candidates desiring to provide in-home independent living services to adults with disabilities; and (4) shall establish standards to ensure that foreign nationals placed pursuant to the pilot program receive appropriate training to prepare them for their work with adults with disabilities.", "id": "HA73080563BF442F5B985801032C0A4F2", "header": "Pilot program expanding au pair program to include in-home assistance programs for adults with disabilities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Allied Health Professions Reinvestment Act of 2004.", "id": "HF904337DEE2A4CFCAB05B0DC9DD1C8E7", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) The Bureau of the Census, the Institute of Medicine, the Bureau of Labor Statistics, and State hospital associations highlight the increased demand for acute and chronic health care services among both the general population and a rapidly growing aging portion of the population. (2) The calls for reduction in medical errors, increased patient safety, and increased quality of care have resulted in an amplified call for allied health professionals to provide health care services. (3) Several allied health professions are characterized by workforce shortages, declining enrollments in allied health education programs, or a combination of both factors, and hospital officials have reported vacancy rates in positions occupied by allied health professionals.", "id": "HCF1D8A19DA65475BB6B4ED00DF87F104", "header": "Findings" }, { "text": "3. Definitions \nSection 799B of the Public Health Service Act ( 42 U.S.C. 295p ) is amended— (1) by redesignating paragraphs (5) through (11) as paragraphs (6) through (12), respectively; and (2) by inserting after paragraph (4) the following: (5) Allied health profession \nThe term allied health profession means any profession practiced by an individual in his or her capacity as an allied health professional..", "id": "H0994717BF7554098B9F1453C8003ACD8", "header": "Definitions" }, { "text": "4. Allied health professions \n(a) Amendment \nTitle VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended— (1) by redesignating part F as part G; and (2) by adding after part E the following: F ALLIED HEALTH \n780. Public service announcements \n(a) In general \nThe Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. (b) Method \nThe public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible. 780A. State and local public service announcements \n(a) In general \nThe Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; or (5) provide any other information to recruit individuals for the allied health professions. (c) Limitation \nAn eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities. (d) Eligible entity \nFor purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function. 780B. Scholarship program \n(a) In general \nThe Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula. (b) Eligible individuals \nFor purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health. (c) Selection \nIn awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program. (d) Amount \nThe amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year. (e) Service requirement \n(1) In general \nThe Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). (2) Part-time service \nAn individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1). (f) Applicability of certain provisions \nThe provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. (g) Reports \nNot later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; and (10) an evaluation of the overall costs and benefits of the program. 780C. Allied health professions education, practice, and retention grants \n(a) Education priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty. (b) Practice priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals. (c) Retention priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring. (d) Other priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary. (e) Report \nThe Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce. (f) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility. 780D. Comprehensive geriatric education \n(a) Program authorized \nThe Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care. (c) Application \nAn eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility. 780E. Allied health professions faculty loan program \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty. (b) Agreements \nEach agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. (c) Loan provisions \nLoans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate. (d) Payment of proportionate share \nWhere all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. (e) Review by secretary \nAt the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B). (f) Publication \nThe Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section. 780F. General provisions \n(a) Definition \nFor purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965. (b) Authorization of appropriations \nTo carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009..", "id": "H621DC8C57CB747178EEE03C643047452", "header": "Allied health professions" }, { "text": "780. Public service announcements \n(a) In general \nThe Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. (b) Method \nThe public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible.", "id": "H5AFD9CDDA5D2447692AF868EDBD54F0", "header": "Public service announcements" }, { "text": "780A. State and local public service announcements \n(a) In general \nThe Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; or (5) provide any other information to recruit individuals for the allied health professions. (c) Limitation \nAn eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities. (d) Eligible entity \nFor purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function.", "id": "H663D4C2142A0497CB8044C58615C08F9", "header": "State and local public service announcements" }, { "text": "780B. Scholarship program \n(a) In general \nThe Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula. (b) Eligible individuals \nFor purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health. (c) Selection \nIn awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program. (d) Amount \nThe amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year. (e) Service requirement \n(1) In general \nThe Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). (2) Part-time service \nAn individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1). (f) Applicability of certain provisions \nThe provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. (g) Reports \nNot later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; and (10) an evaluation of the overall costs and benefits of the program.", "id": "H7EE3D5673CCE4FF2BF792D9BDBAF2D0", "header": "Scholarship program" }, { "text": "780C. Allied health professions education, practice, and retention grants \n(a) Education priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty. (b) Practice priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals. (c) Retention priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring. (d) Other priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary. (e) Report \nThe Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce. (f) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility.", "id": "H12ABDE3BE5F54DFCAFAF67CC9D71F2", "header": "Allied health professions education, practice, and retention grants" }, { "text": "780D. Comprehensive geriatric education \n(a) Program authorized \nThe Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care. (c) Application \nAn eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility.", "id": "H132F040502A04FB7A900F27170B3D6C7", "header": "Comprehensive geriatric education" }, { "text": "780E. Allied health professions faculty loan program \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty. (b) Agreements \nEach agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. (c) Loan provisions \nLoans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate. (d) Payment of proportionate share \nWhere all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. (e) Review by secretary \nAt the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B). (f) Publication \nThe Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section.", "id": "HFFE2E2FC4E5E462C00943C93BDAE9BAB", "header": "Allied health professions faculty loan program" }, { "text": "780F. General provisions \n(a) Definition \nFor purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965. (b) Authorization of appropriations \nTo carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009.", "id": "H27C934E6EFE342E39326C037BB009CF8", "header": "General provisions" }, { "text": "5. Council on Health Profession Education \n(a) Establishment \nThe Secretary shall establish in the Health Resources and Service Administration a council, to be known as the Council on Health Profession Education. (b) Duties \nThe Council on Health Profession Education shall monitor the status of the allied health professions workforce and make annual reports to the Congress.", "id": "H234AE7740072495C00D6ECA332058B17", "header": "Council on Health Profession Education" }, { "text": "6. Reports by General Accounting Office \n(a) National variations \nNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct a survey to determine national variations in the allied health professions at hospitals, nursing homes, home health agencies, ambulatory rehabilitation services, and other health care providers; and (2) submit a report to the Congress on the results of such survey, including findings and recommendations on Federal remedies to ease allied health profession shortages. (b) Allied health programs \nNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an evaluation of whether the effectiveness of programs authorized under this Act, including whether such programs have demonstrably increased the number of applicants to schools of allied health; and (2) submit a report to the Congress on the results of such evaluation.", "id": "H0BF9493C4E5A46BE848D7253E1A50732", "header": "Reports by General Accounting Office" }, { "text": "7. Centers of excellence \nSubparagraph (A) of section 736(g)(1) of the Public Health Service Act ( 42 U.S.C. 293(g)(1) ) is amended by inserting a school of allied health, after a school of pharmacy,.", "id": "HEF6B05237F844395937C4B341C4D2BED", "header": "Centers of excellence" } ]

[ { "text": "1. Designation of Pat Schroeder National Wildlife Refuge \n(a) Rocky Mountain Arsenal National Wildlife Refuge \nThe Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 ( Public Law 102–402 ; 16 U.S.C. 668dd note) is amended— (1) in section 1(b)(2), by striking Rocky Mountain Arsenal and inserting Pat Schroeder ; and (2) in section 4— (A) in the heading, by striking Rocky Mountain Arsenal and inserting Pat Schroeder ; and (B) in subsection (a), by striking Rocky Mountain Arsenal and inserting Pat Schroeder. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Rocky Mountain Arsenal National Wildlife Refuge shall be deemed to be a reference to the Pat Schroeder National Wildlife Refuge.", "id": "H67DDF6C0B4064F86A483C755EFF8F4E0", "header": "Designation of Pat Schroeder National Wildlife Refuge" } ]

[ { "text": "1. Suspension of duty on 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.38.42 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt (CAS No. 392286-82-7) (provided for in subheading 3809.92.50) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt" } ]

[ { "text": "1. Compensation for damages \n(a) In general \nThe Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, $990,500, to the persons named in subsection (b) for damages sustained by such persons in connection with a 1991 government contract for the purchase and delivery of certain ocean freight containers. (b) Persons to receive compensation \nThe Secretary of the Treasury shall compensate the following persons under subsection (a): (1) Thomas W. Sikes of Cadwell, Georgia. (2) Wellington Trade Inc., of Cornelia, Georgia, doing business as Containerhouse.", "id": "HDE5C385BD83B46F1BCAB2315894BD06E", "header": "Compensation for damages" }, { "text": "2. Satisfaction of claims against the United States \nPayment under section 1 shall constitute full settlement of all legal and equitable claims by the persons named in section 1(b) against the United States for the damages described in section 1(a).", "id": "HCB145704DB5842B8B433C0B0B3A84D09", "header": "Satisfaction of claims against the United States" }, { "text": "3. Limitation on attorney and agent fees \nNot more than 10 percent of the payment made under section 1 may be paid to or received by an agent or attorney as consideration for any service rendered in connection with this Act. Each violation of this section is punishable by a fine of not more than $1,000.", "id": "H334605A605144BD6BC181E7C500027E6", "header": "Limitation on attorney and agent fees" } ]

[ { "text": "1. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA \nSection 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) ) is amended— (1) by striking the date of the enactment of the Legal Immigration Family Equity Act, and inserting January 1, 2011, ; and (2) by striking 3 years each place such term appears and inserting 6 months.", "id": "H67CFA9A62D104AF7A700CC4F4434B2E7", "header": "NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Regulatory Improvement Act of 2004.", "id": "H2514F45FCF1F4E5DBC50340062685213", "header": "Short title" }, { "text": "2. Purposes \n(a) Purposes \nSection 591 of title 5, United States Code, is amended to read as follows: 591 Purposes \nThe purposes of this subchapter are— (1) to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest; (2) to promote more effective public participation and efficiency in the rulemaking process; (3) to reduce unnecessary litigation in the regulatory process; (4) to improve the use of science in the regulatory process; and (5) to improve the effectiveness of laws applicable to the regulatory process.. (b) Conforming amendments \nTitle 5 of the United States Code is amended— (1) in section 594 by striking purpose and inserting purposes ; and (2) in the table of sections of chapter 5 of part I by amending the item relating to section 591 to read as follows: 591. Purposes", "id": "H9AE5C970180946018CB96D81AE0859A", "header": "Purposes" }, { "text": "591 Purposes \nThe purposes of this subchapter are— (1) to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest; (2) to promote more effective public participation and efficiency in the rulemaking process; (3) to reduce unnecessary litigation in the regulatory process; (4) to improve the use of science in the regulatory process; and (5) to improve the effectiveness of laws applicable to the regulatory process.", "id": "H6573D09F0EA8483C004E6400BA01D8AF", "header": "Purposes" }, { "text": "3. Authorization of appropriations \nSection 596 of title 5, United States Code, is amended to read as follows: 596. Authorization of appropriations \nThere are authorized to be appropriated to carry out this subchapter not more than $3,000,000 for fiscal year 2005, $3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any amounts appropriated under this section, not more than $2,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries..", "id": "H09AA3615F5574539B503B9640250C55E", "header": "Authorization of appropriations" }, { "text": "596. Authorization of appropriations \nThere are authorized to be appropriated to carry out this subchapter not more than $3,000,000 for fiscal year 2005, $3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any amounts appropriated under this section, not more than $2,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries.", "id": "H343C189A9105407AB953492B1799F0C7", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HA2FA87B8A53340FFADB1CD60C1D61282", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds that— (1) the goal of opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space, and greater private investment in these efforts will stimulate the Nation’s commercial space transportation industry as a whole; (3) space transportation is inherently risky; (4) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to regulate the emerging commercial human space flight industry; and (5) the public interest is served by creating a clear legal and regulatory regime for commercial human space flight.", "id": "H2E64B502363C416398184C7D878C0011", "header": "Findings" }, { "text": "3. Amendments \n(a) Findings and purposes \nSection 70101 of title 49, United States Code, is amended— (1) in subsection (a)(3), by inserting human space flight, after microgravity research, ; and (2) in subsection (a)(4)— (A) by striking satellite ; and (B) by striking services now available from and inserting capabilities of. (b) Definitions \nSection 70102 of title 49, United States Code, is amended— (1) by redesignating paragraphs (2) through (17) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (18), (21), and (22), respectively; (2) by inserting after paragraph (1) the following new paragraph: (2) crew means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings. ; (3) in paragraph (4), as so redesignated by paragraph (1) of this subsection, by inserting , crew, or space flight participant after any payload ; (4) in paragraph (6)(A), as so redesignated by paragraph (1) of this subsection, by striking and payload and inserting , payload, crew (including crew training), or space flight participant ; (5) in paragraph (8)(A), as so redesignated by paragraph (1) of this subsection, by inserting or human beings after place a payload ; (6) by inserting after paragraph (10), as so redesignated by paragraph (1) of this subsection, the following new paragraph: (11) permit means an experimental permit issued under section 70105.. (7) in paragraph (13), as so redesignated by paragraph (1) of this subsection, by inserting crew, or space flight participants, after and its payload, ; (8) in paragraph (14)(A), as so redesignated by paragraph (1) of this subsection, by striking and its payload inserting and payload, crew (including crew training), or space flight participant ; (9) by inserting after paragraph (16), as so redesignated by paragraph (1) of this subsection, the following new paragraph: (17) space flight participant means an individual, who is not crew, carried within a launch vehicle or reentry vehicle. ; (10) by inserting after paragraph (18), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: (19) suborbital rocket means a rocket-propelled vehicle intended for flight on a suborbital trajectory whose thrust is greater than its lift for the majority of the powered portion of its flight. (20) suborbital trajectory means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth. ; and (11) in paragraph (21), as so redesignated by paragraph (1) of this subsection— (A) by striking or at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; or ; and (C) by adding at the end the following new subparagraph: (E) crew or space flight participants.. (c) Commercial human space flight \n(1) Section 70103(a) of title 49, United States Code, is amended by inserting , through the Associate Administrator for Commercial Space Transportation, after Secretary of Transportation. (2) Section 70103(b)(1) of title 49, United States Code, is amended by inserting , including those involving space flight participants after private sector. (3) Section 70104(a) of title 49, United States Code, is amended— (A) by striking License Requirement.— A license issued or transferred under this chapter and inserting Requirement.— A license issued or transferred under this chapter, or a permit, ; and (B) by inserting after paragraph (4) the following: Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.. (4) Section 70104(b) of title 49, United States Code, is amended by inserting or permit after holder of a license. (5) The section heading of section 70105 of title 49, United States Code, is amended by striking License applications and inserting Applications , and the item relating to that section in the table of sections for chapter 701 of title 49, United States Code, is amended accordingly. (6) Section 70105(a) of title 49, United States Code, is amended— (A) by striking Applications.— and inserting Licenses.— ; (B) in paragraph (1), by striking subsection (b)(2)(D) both places it appears and inserting subsection (c)(2)(D) ; and (C) in paragraph (2), by inserting , including crews, after or personnel. (7) Section 70105 of title 49, United States Code, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: (b) Experimental permits \n(1) A person may apply to the Secretary of Transportation for an experimental permit under this subsection in the form and manner the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 90 days after receiving an application pursuant to this subsection, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 60 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when a permit is not issued within the deadline established by this subsection. (2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel, including crews, that may be used in conducting commercial space launch or reentry activities pursuant to a permit. (3) In order to encourage the development of a commercial space flight industry, the Secretary, to the greatest extent practicable, shall when issuing permits use the authority granted under subsection (c)(2)(C). (4) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for— (A) research and development to test new design concepts, new equipment, or new operating techniques; (B) showing compliance with requirements as part of the process for obtaining a license under this chapter; or (C) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. (5) Permits issued under this subsection shall— (A) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in paragraph (4); and (B) specify the modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. (6) Permits shall not be transferable. (7) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design. (8) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. (9) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter— (A) a permit shall be considered a license; (B) the holder of a permit shall be considered a licensee; (C) a vehicle operating under a permit shall be considered to be licensed; and (D) the issuance of a permit shall be considered licensing. This paragraph shall not be construed to allow the transfer of a permit.. (8) Section 70105(c)(1) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting or permit after for a license. (9) Section 70105(c)(2)(B) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by striking an additional requirement and inserting any additional requirement. (10) Section 70105(c)(2)(C) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting or permit after for a license. (11) Section 70105(c)(2)(D) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting or permit after for a license. (12) Section 70105(c)(3) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended— (A) by striking , including the requirement to obtain a license, ; and (B) by adding at the end the following: Nothing in this paragraph shall be construed to allow the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.. (13) Section 70105(c) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by adding at the end the following new paragraphs: (4) The holder of a license or a permit under this chapter may launch or reenter crew only if— (A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary; and (B) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew. (5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if— (A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the launch or reentry vehicle type, and the space flight participant has provided written informed consent to participation in the launch or reentry; and (B) the holder of the license or permit and space flight participant have complied with all requirements of the laws of the United States related to launching or reentering a space flight participant.. (14) Section 70105(d) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting or permit after of a license. (15) Section 70106(a) of title 49, United States Code, is amended— (A) by inserting at a site used for crew training, after assemble a launch vehicle or reentry vehicle, ; and (B) by striking section 70104(c) and inserting sections 70104(c) and 70105(c)(4). (16) Section 70110(a)(1) of title 49, United States Code, is amended by striking 70105(a) and inserting 70105. (17) Section 70112(b)(1) of title 49, United States Code, is amended— (A) by inserting crew, space flight participants, after its contractors, subcontractors, ; and (B) by inserting or by space flight participants, after its own employees,. (18) Section 70112(b)(2) of title 49, United States Code, is amended— (A) by inserting crew, space flight participants, after transferee, contractors, subcontractors, ; and (B) by inserting or by space flight participants, after its own employees,. (19) Section 70113(a) of title 49, United States Code, is amended by inserting , but not against a space flight participant, after subcontractor of a customer,. (20) Section 70113(f) of title 49, United States Code, is amended by striking December 31, 2004. and inserting December 31, 2007. This section does not apply to permits.. (21) Section 70115(b)(1)(D)(i) of title 49, United States Code, is amended by inserting crew training site, after site of a launch vehicle or reentry vehicle,. (22) Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: (1) such sums as may be necessary for fiscal year 2005; (2) such sums as may be necessary for fiscal year 2006; and (3) such sums as may be necessary for fiscal year 2007.. (23) Section 70120 of title 49, United States Code, is amended by adding at the end the following new subsections: (c) Amendments \nNot later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall publish proposed regulations to carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital rockets. Not later than 18 months after such date of enactment, the Secretary shall issue final regulations. (d) Effective date \n(1) Licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board and permits may be issued by the Secretary prior to the issuance of the regulations described in subsection (c). (2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued. (3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued..", "id": "H7A101F0C4E9B4C7F897C595FA7295B25", "header": "Amendments" }, { "text": "4. Study on the gradual elimination of commercial space transportation liability risk sharing regime \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an appropriate arrangement with the National Academy of Public Administration to conduct a study of how best to gradually eliminate the liability risk sharing regime in the United States for commercial space transportation under section 70113 of title 49, United States Code. The study shall assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry. The methods examined shall include incremental approaches.", "id": "HC287FFEB0C2D41B8BDCD336CB88435C6", "header": "Study on the gradual elimination of commercial space transportation liability risk sharing regime" }, { "text": "5. Technical amendment \nSection 102(c) of the Commercial Space Act of 1998 is repealed.", "id": "H0EEF1F92E13A4327B57C11FE3D5D7352", "header": "Technical amendment" } ]

[ { "text": "1. Cyclopentanone \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.41 Cyclopentanone (provided for in subheading 2914.29.50) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Cyclopentanone" } ]

[ { "text": "1. Facilitation of exchange of small tracts \n(a) Expansion of availability of lands for sale or exchange \nSection 3 of Public Law 97–465 ( 16 U.S.C. 521e ; section 3 of the Act commonly known as the Small Tracts Act) is amended— (1) by striking not practicable and inserting either not practicable or not expedient ; (2) by striking , which have a value as determined by the Secretary of not more than $150,000, ; and (3) in paragraph (1)— (A) by striking parcels of forty acres and inserting parcels or portions of parcels of 100 acres ; and (B) by striking under the mining laws. (b) Rules or regulations not required \nNothing in the amendments made by this Act shall require the Forest Service to issue rules or regulations prior to any sale, exchange, or interchange under Public Law 97–465 ( 16 U.S.C. 521c et seq. ). (c) Special cases \nThe Forest Supervisor may complete the following interchanges under Public Law 97–465 ( 16 U.S.C. 521c et seq. ), as amended by subsection (a): (1) An acquisition from Irving N. Christensen of that portion of SW 1/4 NW 1/4 Section 16, T.19N., R.9E., MDM., lying southwesterly of California State Highway 49 and all that portion of S 1/2 NE 1/4 Section 17, T.19N., R.9E., MDM., lying southwesterly of California State Highway 49 and northeasterly of the North Fork Yuba River, through interchange of an approximately equal value of National Forest System land lying northerly of California State Highway 49 within the N 1/2 N 1/2 Section 17, T.19N., R.9E., MDM. The Federal land to be interchanged within the specifications of this paragraph shall be agreed upon by the Forest Supervisor and Irving N. Christensen. (2) An acquisition from Dennis W. McCreary and Cindy M. McCreary of a portion of Lot 19, Section 35, T. 20 N., R. 10 E, MDM in Downieville, Sierra County, California, through interchange of a portion of National Forest System land in Lot 121, Section 35, T. 20 N., R. 10 E, MDM in Downieville, Sierra County, California. The Federal land to be interchanged within the specifications of this paragraph shall be agreed upon by the Forest Supervisor and Dennis W. McCreary and Cindy M. McCreary.", "id": "H3A37209B041741659D45B78873802D55", "header": "Facilitation of exchange of small tracts" } ]

[ { "text": "1. Conveyance of Bureau of Land Management Land in Riverside County, California \n(a) In general \n(1) Conveyance \nThe Secretary of the Interior shall convey, without consideration and subject to valid existing rights, to S.V.D.P. Management Inc.—DBA Father Joe's Villages (referred to in this section as the “Villages”), all right, title, and interest of the United States in and to the parcel described in paragraph (2) for use by the Villages for the purposes described in subsection (b). (2) Parcel \nThe parcel referred to in paragraph (1) is the parcel of land identified for disposal and consisting of approximately 44 acres under the jurisdiction of the Bureau of Land Management, as generally depicted on the map entitled ____________, dated ________________, 2004. (b) Purposes of conveyance \nThe purposes of the conveyance under section (a) are to provide a homeless shelter, a training center, and affordable housing. (c) Reverter \nIf the Villages or any subsequent owner of the land transferred under this section uses that land for purposes other than those described in subsection (b), the land (and any improvements thereon) shall immediately revert to the United States to be administered under the jurisdiction of the Secretary of the Interior.", "id": "H45DE15A3575B4BEE0054BDAE7B4FB6", "header": "Conveyance of Bureau of Land Management Land in Riverside County, California" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HCE7FA2BF68994B628FB73EE44591B1C0", "header": "Short title" }, { "text": "2. Duration of sanctions related to Cuba \n(a) Continuation of sanctions \n(1) Expiration \nNotwithstanding any other provision of law, the restrictions described in section 3(a) shall, with respect to Cuba, expire 1 year from the date of enactment of this Act unless renewed pursuant to paragraph (2) and subsection (b). (2) Resolution by Congress \nThe restrictions contained in section 3(a) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (b). (b) Renewal resolutions \n(1) In general \nFor purposes of this section, the term renewal resolution means a joint resolution of the two Houses of Congress, the sole matter after the resolving clause of which is as follows: That Congress approves the renewal of the restrictions contained in section 3(a) of the.. (2) Procedures \n(A) In general \nA renewal resolution— (i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the restrictions described in section 3(a); and (ii) the provisions of subparagraph (B) shall apply. (B) Expedited consideration \nThe provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.", "id": "HF3C5C23537F8403E81B696ED24B45FD4", "header": "Duration of sanctions related to Cuba" }, { "text": "3. Provisions restricting trade and other relations with Cuba \n(a) Provisions subject to renewal \nThe restrictions described in this subsection that are subject to renewal as described in section 2 are as follows: (1) The prohibition or termination of assistance contained in section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) ). (2) The authorities conferred upon the President by section 5(b) of the Trading with the Enemy Act ( 50 U.S.C. App. 5(b) ), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of enactment of this Act. (3) Any prohibition on exports to Cuba that is in effect on the day before the date of enactment of this Act under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). (4) The sanctions contained in section 1704 and section 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and 6005). (5) The sanctions contained in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq. ). (6) The prohibitions relating to Cuba contained in sections 908, 909, and 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106–387 ; 22 U.S.C. 7207 , 7208, and 7209). (7) Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries). (8) The prohibition relating to sugar imports established under section 902(c) of the Food Security Act of 1985 ( 7 U.S.C. 1446g note; Public Law 99–198 ). (9) The restrictions on common carriers, as defined in section 3(10) of the Communications Act of 1934 ( 47 U.S.C. 153(10) ), related to Cuba, including restrictions regarding the installation, maintenance, repair, and upgrading of telecommunications equipment and facilities, and the provision of telecommunications services between the United States and Cuba. (b) Authority for new restrictions \nThe President may, on or after the date of enactment of this Act— (1) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 ; and (2) exercise the authority of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that is not the basis for sanctions that exist before the date of the enactment of this Act.", "id": "HB8B2D1B5A75D4757A946324508D7ACF8", "header": "Provisions restricting trade and other relations with Cuba" }, { "text": "4. Travel \n(a) In general \nRestrictions related to travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, that may be regulated or prohibited shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Transactions incident to travel \nFor purposes of subsection (a), the term any transactions ordinarily incident to travel includes— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel.", "id": "H7E1C7FFC3815444FBEDBEC6E0870BDF1", "header": "Travel" }, { "text": "5. Annual remittances \n(a) In general \nExcept as provided in subsection (b), any limit the Secretary of the Treasury may place on the amount of remittances to Cuba made by any person who is subject to the jurisdiction of the United States, shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Statutory construction \nNothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity).", "id": "H4555F386A26A4B56AF978C7D1840D539", "header": "Annual remittances" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) The United States must have adequate infrastructure and policies in place under the detention and removal operation of the Department of Homeland Security to protect against terrorists immigrating into the United States. (2) Other than Mexican (OTM) immigrants, many from countries of interest, are immigrating to the United States and are released at the border on their own recognizance because of the lack of detention capacity. (3) The Department of Homeland Security estimates that up to 90 percent of these immigrants do not appear for their hearings before the immigration hearing officer. (4) The Department of Homeland Security needs more personnel at the borders with the necessary security clearances and equipment to adequately screen and detain immigrants coming to the United States through our borders.", "id": "HF78372767F7C439EBE67BE790069175E", "header": "Findings" }, { "text": "2. Improvement in security clearance process and increase in detention beds along the United State-Mexico border \n(a) Improvement in security clearance process \nThe Secretary of Homeland Security shall— (1) expeditiously implement policies ensuring that personnel of the Department of Homeland Security along the United States-Mexico border have the security clearances required to access information necessary to adequately screen immigrants entering the United States at such border, including IDENT and IAFIS databases and databases used by the Department’s inspectors in secondary inspections; and (2) develop the interagency agreements and information technology infrastructure necessary for border agents to adequately screen immigrants entering the United States at such border. (b) Increase in detention beds \nSubject to the availability of appropriations, the Secretary of Homeland Security shall increase by 2,000 the number of detention beds in the Port Isabel Service Processing Center at Los Fresnos, Texas.", "id": "H3804704D55AE46AA86898F2B51D6AADD", "header": "Improvement in security clearance process and increase in detention beds along the United State-Mexico border" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fatal Grade Crossing Accident Investigations Act.", "id": "H636D0AB1A0A74020A2B7E897A7732000", "header": "Short title" }, { "text": "2. Grade crossing accidents \nSection 1131(a)(1)(C) of title 49, United States Code, is amended by inserting , including a railroad grade crossing accident, after railroad accident.", "id": "HBB295134021B424B94B7666B87E5D142", "header": "Grade crossing accidents" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rural Education Equity Act of 2004.", "id": "HCE1524C695EC4C7BA9BAA8EDFC9644A3", "header": "Short title" }, { "text": "2. Increased flexibility for rural local educational agencies \n(a) In general \nIf the Secretary of Education takes any action (whether by regulation, guidance, or otherwise) to authorize increased flexibility for any category of rural local educational agencies, the Secretary shall extend the same level of increased flexibility to all rural local educational agencies. (b) Definitions \nIn this section: (1) Increased flexibility \nThe term increased flexibility means increased flexibility under, or facilitated compliance with, part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (2) Rural local educational agency \nThe term rural local educational agency includes any local educational agency described in section 6211(b) or section 6221(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b) , 7351(b)(1)). (c) Application \nThis section applies to any action described in subsection (a) that occurs on or after January 8, 2002 (the date of the enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 )).", "id": "HBDF2006159EE40B40081ADC631F6E1DF", "header": "Increased flexibility for rural local educational agencies" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Iran Freedom Support Act.", "id": "HAAB38B3BEBDA41D6AB86A0153D1C418D", "header": "Short title" }, { "text": "2. Table of contents \nSec. 1. Short title Sec. 2. Table of contents Title I—Codification of sanctions against Iran Sec. 101. Codification of sanctions Title II—Amendments to the Iran and Libya Sanctions Act of 1996 Sec. 201. Multilateral regime Sec. 202. Imposition of sanctions Sec. 203. Termination of sanctions Sec. 204. Sunset Sec. 205. Clarification and expansion of definitions Title III—Democracy in Iran Sec. 301. Declaration of Congress regarding United States policy toward Iran Sec. 302. Assistance to support democracy in Iran Sec. 303. Sense of Congress regarding designation of democratic opposition organizations", "id": "H32F1647D45634094A37418E3FBFE8184", "header": "Table of contents" }, { "text": "101. Codification of sanctions \n(a) Codification of sanctions related to weapons of mass destruction \nUnited States sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran, as in effect on the date of enactment of this Act, shall remain in effect, until the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating the proliferation of such weapons. (b) No effect on other sanctions relating to support for acts of international terrorism \nNotwithstanding a certification by the President under subsection (a), United States sanctions, controls, and regulations relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1)(A) ), section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ) relating to support for acts of international terrorism by the Government of Iran, as in effect on the date of the enactment of this Act, shall remain in effect.", "id": "H24D3CE0956884A128257A4BCE29317B3", "header": "Codification of sanctions" }, { "text": "201. Multilateral regime \n(a) Reports to Congress \nSection 4(b) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended to read as follows: (b) Reports to Congress \nNot later than six months after the date of the enactment of the Iran Freedom Support Act and every six months thereafter, the President shall submit to the appropriate congressional committees a report regarding specific diplomatic efforts undertaken pursuant to subsection (a), the results of those efforts, and a description of proposed diplomatic efforts pursuant to such subsection. Each report shall include— (1) a list of the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran; (2) a description of those measures, including— (A) government actions with respect to public or private entities (or their subsidiaries) located in their territories, that are engaged in Iran; (B) any decisions by the governments of these countries to rescind or continue the provision of credits, guarantees, or other governmental assistance to these entities; and (C) actions taken in international fora to further the objectives of section 3; (3) a list of the countries that have not agreed to undertake measures to further the objectives of section 3 with respect to Iran, and the reasons therefor; and (4) a description of any memorandums of understanding, political understandings, or international agreements to which the United States has acceded which affect implementation of this section or section 5(a).. (b) Waiver \nSection 4(c) of such Act ( 50 U.S.C. 1701 note) is amended to read as follows: (c) Waiver \n(1) In general \nThe President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that— (A) such waiver is vital to the national security of the United States; and (B) the country of the national has undertaken substantial measures to prevent the acquisition and development of weapons of mass destruction by the Government of Iran. (2) Subsequent renewal of waiver \nIf the President determines that such is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for a subsequent period of not more than six months.. (c) Investigations \nSection 4 of such Act ( 50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: (f) Investigations \n(1) In general \nUpon public or private disclosure of activity related to investment in Iran by a person as described in this Act, the President shall direct the Secretary of the Treasury to initiate an investigation into the possible imposition of sanctions against such person as a result of such activity, to notify such person of such investigation, and to provide a recommendation to the President for such purposes. (2) Determination and notification \nNot later than 90 days after the date of the disclosure of the activity described in paragraph (1), the President shall determine whether or not to impose sanctions against such person as a result of such activity and shall notify the appropriate congressional committees of the basis for such determination. (3) Publication \nNot later than 10 days after the President notifies the appropriate congressional committees under paragraph (2), the President shall ensure publication in the Federal Register of— (A) the identification of the persons against which the President has made a determination that the imposition of sanctions is appropriate, together with an explanation for such determination; and (B) the identification of the persons against which the President has made a determination that the imposition of sanctions is not appropriate, together with an explanation for such determination..", "id": "H9D3E8E6BB427433F9006596EFFA1A810", "header": "Multilateral regime" }, { "text": "202. Imposition of sanctions \n(a) Sanctions with respect to development of petroleum resources \nSection 5(a) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) in the heading, by striking to Iran and inserting to the development of petroleum resources of Iran ; (2) by striking (6) and inserting (5) ; and (3) by striking with actual knowledge,. (b) Sanctions with respect to development of weapons of mass destruction or other military capabilities \nSection 5(b) of such Act ( 50 U.S.C. 1701 note) is amended to read as follows: (b) Mandatory sanctions with respect to development of weapons of mass destruction or other military capabilities \nNotwithstanding any other provision of law, the President shall impose two or more of the sanctions described in paragraphs (1) through (5) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items the provision of which has contributed to the ability of Iran to— (1) acquire or develop chemical, biological, or nuclear weapons or related technologies; or (2) acquire or develop destabilizing numbers and types of advanced conventional weapons.. (c) Persons against which the sanctions are to be imposed \nSection 5(c)(2) of such Act ( 50 U.S.C. 1701 note) is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) is a private or government lender, insurer, underwriter, re-insurer, or guarantor of the person referred to in paragraph (1) if that private or government lender, insurer, underwriter, re-insurer, or guarantor, with actual knowledge, engaged in the activities referred to in paragraph (1).. (d) Effective date \nSanctions imposed pursuant to the amendments made by this section shall apply with respect to investments made in Iran on or after the date of the enactment of this Act.", "id": "H4DBE4850FD164652BAF242F8C72932F5", "header": "Imposition of sanctions" }, { "text": "203. Termination of sanctions \n(a) Removal of Libya \nSection 8 of the Iran and Libya Sanctions Act 1996 ( 50 U.S.C. 1701 note) is amended— (1) in subsection (a), by striking the subsection designation and heading; and (2) by striking subsection (b). (b) No threat posed \nSuch section, as amended by subsection (a), is further amended— (1) in paragraph (1)(C), 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) poses no threat to United States national security, interests, or allies..", "id": "H97E3FCCC75394E3599F92530588F5E9", "header": "Termination of sanctions" }, { "text": "204. Sunset \nSection 13 of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) in the section heading, by striking ; Sunset ; (2) in subsection (a), by striking the subsection designation and heading; and (3) by striking subsection (b).", "id": "H8923B2548AF1422B885EF1CA6789C3B4", "header": "Sunset" }, { "text": "205. Clarification and expansion of definitions \n(a) Person \nSection 14(14)(B) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) by inserting after trust the following: , financial institution, insurer, underwriter, re-insurer, guarantor ; and (2) by striking operating as a business enterprise. (b) Petroleum resources \nSection 14(15) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended by inserting after petroleum the following: , petroleum by-products,.", "id": "HF8B9372F656F4400B4BCCB309DF7FC8", "header": "Clarification and expansion of definitions" }, { "text": "301. Declaration of Congress regarding United States policy toward Iran \nCongress declares that it should be the policy of the United States to support independent human rights and pro-democracy forces in Iran.", "id": "H10D2ECA5717A415A93C9BAE78AF4CC6", "header": "Declaration of Congress regarding United States policy toward Iran" }, { "text": "302. Assistance to support democracy in Iran \n(a) Authorization \nThe President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities that support democracy and the promotion of democracy in Iran and that are opposed to the non-democratic Government of Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran. (b) Eligibility for assistance \nFinancial and political assistance under this section may be provided to an individual, organization, or entity that— (1) officially opposes the use of terrorism; (2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran; (4) is dedicated to respect for human rights, including the fundamental equality of women; (5) works to establish equality of opportunity for people; and (6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion. (c) Funding \nThe President may provide assistance under this section using— (1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the National Endowment for Democracy (NED); and (2) amounts made available pursuant to the authorization of appropriations under subsection (g). (d) Notification \nNot later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (e) Sense of Congress regarding coordination of policy and appointment \nIt is the sense of Congress that in order to ensure maximum coordination among Federal agencies, if the President provides the assistance under this section, the President should appoint an individual who shall— (1) serve as special assistant to the President on matters relating to Iran; and (2) coordinate among the appropriate directors of the National Security Council on issues regarding such matters. (f) Sense of Congress regarding diplomatic assistance \nIt is the sense of Congress that— (1) contacts should be expanded with opposition groups in Iran that meet the criteria under subsection (b); (2) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; (3) representatives of the Government of Iran should be denied access to all United States Government buildings; (4) efforts to bring a halt to the nuclear weapons program of Iran, including steps to end the supply of nuclear components or fuel to Iran, should be intensified, with particular attention focused on the cooperation regarding such program— (A) between the Government of Iran and the Government of the Russian Federation; and (B) between the Government of Iran and individuals from China, Malaysia, and Pakistan, including the network of Dr. Abdul Qadeer (A. Q.) Khan; and (5) officials and representatives of the United States should— (A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and (B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Department of State such sums as may be necessary to carry out this section.", "id": "H55C206917E484152B95CCED600DE673E", "header": "Assistance to support democracy in Iran" }, { "text": "303. Sense of Congress regarding designation of democratic opposition organizations \n(a) Initial designation \nIt is the sense of Congress that, not later than 90 days after the date of the enactment of this Act, the President should designate at least one democratic opposition organization as eligible to receive assistance under section 302. (b) Notification requirement \nNot later than 15 days before designating a democratic opposition organization as eligible to receive assistance under section 302, the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of the proposed designation. If the President determines that such is appropriate, such notification may be in classified form.", "id": "H048B7CBD06F54669A5FB460232FB7C25", "header": "Sense of Congress regarding designation of democratic opposition organizations" } ]

[ { "text": "1. Credit for installation of hydrogen fueling stations \n(a) In general \nSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: 30B. Hydrogen-powered vehicle refueling property credit \n(a) Credit allowed \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. (b) Year credit allowed \nThe credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer. (c) Definition of qualified hydrogen-powered vehicle refueling property \nThe term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. (d) Application with other credits \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year. (e) Basis reduction \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (f) No double benefit \nNo deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). (g) Carryforward allowed \n(1) In general \nIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules \nRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules \nRules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations \nThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination \nThis section shall not apply to any property placed in service after December 31, 2013.. (b) Conforming amendments \n(1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 30B(e).. (2) Section 55(c)(2) of such Code is amended by inserting 30B(d), after 30(b)(3),. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: Sec. 30B. Hydrogen-powered vehicle refueling property credit. (c) Effective date \nThe amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.", "id": "H2A1215DA3437408F80CA687D9BB665B3", "header": "Credit for installation of hydrogen fueling stations" }, { "text": "30B. Hydrogen-powered vehicle refueling property credit \n(a) Credit allowed \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. (b) Year credit allowed \nThe credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer. (c) Definition of qualified hydrogen-powered vehicle refueling property \nThe term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. (d) Application with other credits \nThe credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year. (e) Basis reduction \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (f) No double benefit \nNo deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). (g) Carryforward allowed \n(1) In general \nIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules \nRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules \nRules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations \nThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination \nThis section shall not apply to any property placed in service after December 31, 2013.", "id": "H2D17029013E9470FA08B0943BCA2C675", "header": "Hydrogen-powered vehicle refueling property credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC724DCAE81054AA2A906F5BEFE848800", "header": "Short title" }, { "text": "2. Crop loss assistance \n(a) In general \nThe Secretary of Agriculture (referred to in this Act as the Secretary ) shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred losses in a 2004 crop due to a disaster, as determined by the Secretary. (b) Administration \nSubject to subsection (a), the Secretary shall make assistance available under this section in the same manner as provided under section 1102 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 ( 7 U.S.C. 1421 note; Public Law 105–277 ), including using the same loss thresholds as were used in administering that section. (c) Qualifying losses \nAssistance under this section may be made for losses associated with crops that are, as determined by the Secretary— (1) quantity losses; (2) quality losses; or (3) severe economic losses due to damaging weather or related condition. (d) Crops covered \nAssistance under this section shall be applicable to losses for all crops (including losses of trees from which a crop is harvested, livestock, and fisheries), as determined by the Secretary, due to disasters. (e) Crop insurance \nIn carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ).", "id": "H8E7E0E7751CA4551A865286882EB39C9", "header": "Crop loss assistance" }, { "text": "3. Commodity Credit Corporation \nThe Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act.", "id": "H567943162F5F481289AF2D5E006F78A4", "header": "Commodity Credit Corporation" }, { "text": "4. Emergency designation \nThe entire amount made available under this Act is designated by Congress as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress).", "id": "H8E4E7577A39041BA80425529D5FC613E", "header": "Emergency designation" }, { "text": "5. Regulations \n(a) In general \nThe Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure \nThe promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (c) Congressional review of agency rulemaking \nIn carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "id": "H539BE758AA8444F7A0C7B93D151E6763", "header": "Regulations" } ]

[ { "text": "101. Authorization of Appropriations \nSection 30104 of title 49, United States Code, is amended to read as follows: 30104. Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007..", "id": "HA6B48AABBE7C4E8FB07E573459CF5A5", "header": "Authorization of Appropriations" }, { "text": "30104. Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007.", "id": "H42970B2060664613867663B6E350CDA0", "header": "Authorization of Appropriations" }, { "text": "102. International Cooperation \n(a) In general \nSubchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30106. International Cooperation \nThe Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.. (b) Clerical amendment \nThe table of sections for subchapter I of chapter 301 of title 49, United States Code is amended by adding at the end the following new item: 30106. International cooperation.", "id": "H929CAF62B0BA4672A7BD50AF64814E87", "header": "International Cooperation" }, { "text": "30106. International Cooperation \nThe Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.", "id": "H00857F3C5FE84911BDB56EBE983D8EE7", "header": "International Cooperation" }, { "text": "103. Certification labels \nSection 30115(a) of title 49, United States Code, is amended by inserting at the end the following: A person shall not affix a certification label to a motor vehicle or item of motor vehicle equipment unless the person has either performed tests or otherwise documented the basis for certifying compliance with all applicable safety standards prescribed under this chapter, except that, in affixing the certification label or tag, a manufacturer that completes a vehicle after receiving compliance documentation from the manufacturer of the earlier stage of the vehicle may rely on such documentation in accordance with the regulations issued by the Secretary..", "id": "H3C59A6305C6146988890AFB003CB00A2", "header": "Certification labels" }, { "text": "104. Notification of noncompliance \nSection 30118 of title 49, United States Code is amended in subsections (a), (b), and (c) by striking motor vehicle or replacement equipment each place it appears and inserting motor vehicle, original equipment, or replacement equipment.", "id": "H4084517AA68842FC00E86B91D31028A8", "header": "Notification of noncompliance" }, { "text": "105. Notification of and remedies for noncompliance \nSection 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Limitation on sale or lease of used motor vehicles \n(1) A dealer may not sell a used motor vehicle for purposes other than resale or lease a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title with respect to a vehicle that has not been remedied, and either— (A) offers to have the defects or noncompliances remedied; or (B) gives the purchaser or lessee a written description of the defects or noncompliances, including all relevant information from any notification pursuant to section 30118(b) or (c) of this title, and reviews a written acknowledgment of the offer or description from the purchaser or lessee. (2) The requirements of paragraph (1) of this subsection shall apply after a period of time following issuance of notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. (3) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) dealer means a person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchased the vehicles other than for resale; and (B) used motor vehicle means a motor vehicle that has previously been purchased other than for resale. (4) Subject to regulations issued by the Secretary, a manufacturer of a motor vehicle shall establish and maintain an Internet-accessible record system that dealers of used motor vehicles and members of the public may access, without charge, to determine whether a particular vehicle manufactured by the manufacturer has been subject to any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title that has not been remedied. If the Secretary determines that establishing and maintaining such an Internet-accessible record system is not practicable for certain classes of manufacturers, the Secretary may exempt such manufacturers from the requirements of this paragraph. (l) Limitation on operation by owners and lessors of school buses and vehicles used to transport passengers for compensation \n(1) Subject to paragraphs (2) and (3), a person who owns or leases a school bus or a motor vehicle used to transport passengers for compensation and who receives a notice of a defect or noncompliance pursuant to section 30118(b) or (c) of this title may not operate the vehicle to which the notice applies as a school bus or for compensation until the defect or noncompliance is remedied as required by this section. (2) The requirements of paragraph (1) shall apply after a period of time following issuance of such notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. (3) This subsection shall not apply to taxicabs, or to motor vehicles owned or operated by State or local governments..", "id": "H450DC085E72445F7A83EA52EADB9232", "header": "Notification of and remedies for noncompliance" }, { "text": "106. Nonuse of safety belt interlocks \n(a) In general \nSection 30124 of title 49 United States Code, is amended to read as follows: 30124. Nonuse of safety belt interlocks \nA motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.. (b) Clerical amendment \nThe table of sections for subchapter II of chapter 301 of title 49, United States Code is amended by amending the item related to section 30124 to read as follows: 30124. Nonuse of safety belt interlocks.", "id": "H902E8A50CBFF49B7A1D9C5B15210444D", "header": "Nonuse of safety belt interlocks" }, { "text": "30124. Nonuse of safety belt interlocks \nA motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.", "id": "H83B14E37D9964C029749B698194F3DE4", "header": "Nonuse of safety belt interlocks" }, { "text": "107. Research, testing, development, and training \nSection 30168 of title 49, United States Code, is amended by adding at the end the following: (f) Safety initiative for alternate fuel vehicles \nIn addition to the authority provided under this section, the Secretary is authorized to expend $5,000,000 per year to conduct a safety research initiative for alternate fuel vehicles that includes risk assessment studies of hydrogen-fueled and other alternative-fuel vehicles, the development of test and evaluation procedures and performance criteria to assess the likelihood of potential failures that could indicate unsafe conditions, and the development of suitable countermeasures. In particular, such research initiative shall investigate the safety of the power train, the vehicle fuel container and delivery system, the onboard refueling system, and the full vehicle system performance of alternate fuel vehicles. (g) Safety initiative for driver assistance technologies \nIn addition to the authority provided under this section, the Secretary is authorized to expend $10,000,000 per year to conduct research into vehicle-based driver assistance technologies, and to develop appropriate performance standards and consumer education programs, to ensure that appropriate safety benefits are derived from these technologies. Such research shall include evaluations of crash avoidance technologies, such as electronic stability control, telematics, radar braking and other similar vehicle advances..", "id": "H158230D7A9C44E1DB97503224000CEFD", "header": "Research, testing, development, and training" }, { "text": "201. Authorization of Appropriations \nSection 32102 of title 49, United States Code, is amended to read as follows: 32102. Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007..", "id": "H3AAE459E3C5C4530A9A392DBBCF1FE2F", "header": "Authorization of Appropriations" }, { "text": "32102. Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007.", "id": "H32871CB5745C41E9856596D3CC18E628", "header": "Authorization of appropriations" }, { "text": "202. Penalties and enforcement \nSection 32709(a)(1) of title 49, United States Code, is amended— (1) by striking $2,000 and inserting $5,000 ; and (2) by striking $100,000 and inserting $1,000,000.", "id": "H854B89373A334CACA7EA7F1903B7009B", "header": "Penalties and enforcement" }, { "text": "203. Civil actions by private person \nSection 32710(a) of title 49, United States Code, is amended by striking $1,500 and inserting $10,000.", "id": "HE3852CFFACF14D44AD6DD637CF143CF5", "header": "Civil actions by private person" }, { "text": "204. Definitions \n(a) Crash avoidance \nSection 32301 of title 49, United States Code, is amended by adding at the end the following: (3) crash avoidance means preventing a motor vehicle accident.. (b) Passenger motor vehicle information \nSection 32302 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting and crash avoidance after crashworthiness ; and (B) by striking paragraph (4); and (2) by striking subsection (c).", "id": "H0A5C2DB2642D461584FA0875EF7BD62C", "header": "Definitions" }, { "text": "205. Repeals \n(a) In general \nSections 32303 and 33112 of title 49, United States Code, are repealed. (b) Clerical amendments \n(1) The table of sections for chapter 323 of title 49, United States Code is amended by striking the item related to section 32303. (2) The table of sections for chapter 331 of title 49, United States Code is amended by striking the item related to section 33112.", "id": "H4F0ED204E13C4DD593BF3C2F522CFF31", "header": "Repeals" } ]

[ { "text": "1. Short title; references to title 38, United States Code \n(a) Short title \nThis Act may be cited as the Veterans Medical Facilities Management Act of 2004. (b) References to title 38, United States Code \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.", "id": "HDF8AFE1846444943BD26E3E6A5192B2B", "header": "Short title; references to title 38, United States Code" }, { "text": "2. Major medical facility leases \n(a) Authorized leases \nThe Secretary of Veterans Affairs may enter into contracts for major medical facility leases at the following locations, in an amount for each facility lease not to exceed the amount shown for that location: (1) Wilmington, North Carolina, Outpatient Clinic, $1,320,000. (2) Greenville, North Carolina, Outpatient Clinic, $1,220,000. (3) Norfolk, Virginia, Outpatient Clinic, $1,250,000. (4) Summerfield, Florida, Marion County Outpatient Clinic, $1,230,000. (5) Knoxville, Tennessee, Outpatient Clinic, $850,000. (6) Toledo, Ohio, Outpatient Clinic, $1,200,000. (7) Crown Point, Indiana, Outpatient Clinic, $850,000. (8) Fort Worth, Texas, Tarrant County Outpatient Clinic, $3,900,000. (9) Plano, Texas, Collin County Outpatient Clinic, $3,300,000. (10) San Antonio, Texas, Northeast Central Bexar County Outpatient Clinic, $1,400,000. (11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000. (12) Harlington, Texas, Outpatient Clinic, $650,000. (13) Denver, Colorado, Health Administration Center, $1,950,000. (14) Oakland, California, Outpatient Clinic, $1,700,000. (15) San Diego, California, North County Outpatient Clinic, $1,300,000. (16) San Diego, California, South County, Outpatient Clinic, $1,100,000. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Medical Care account, $24,420,000 for the leases authorized in subsection (a). (c) Authority for lease of certain lands of University of Colorado \nNotwithstanding section 8103 of title 38, United States Code, the Secretary of Veterans Affairs may enter into a lease for real property located at the Fitzsimons Campus of the University of Colorado for a period up to 75 years.", "id": "HAAD5FF1F0E17416181861BE44F2F9095", "header": "Major medical facility leases" }, { "text": "3. Department of Veterans Affairs Capital Asset Fund \n(a) Establishment of fund \n(1) Subchapter I of chapter 81 is amended by adding at the end the following new section: 8117. Authority for transfer of real property; Capital Asset Fund \n(a) (1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States or to a State (or a political subdivision of a State) or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. (2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522 and 541–545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. (3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. (4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. (b) (1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the Fund ). Amounts in the Fund shall remain available until expended. (2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. (3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: (A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses. (B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section. (C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, and establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project. (D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places. (c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President’s budget for that year for the Department specification of the following: (1) The real property transfers to be undertaken in accordance with this section during that fiscal year. (2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the year during which the budget is submitted. (3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8116 the following new item: 8117. Authority for transfer of real property; Capital Asset Fund. (b) Initial authorization of appropriations \nThere is authorized to be appropriated to the Department of Veterans Affairs Capital Asset Fund established under section 8117 of title 38, United States Code (as added by subsection (a)), the amount of $10,000,000. (c) Termination of nursing home revolving fund \n(1) Section 8116 is repealed. (2) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 8116. (d) Transfer of unobligated balances to capital asset fund \nAny unobligated balances in the nursing home revolving fund under section 8116 of title 38, United States Code, as of the date of the enactment of this Act shall be deposited in the Department of Veterans Affairs Capital Asset Fund established under section 8117 of title 38, United States Code (as added by subsection (a)). (e) Procedures applicable to transfers \n(1) Paragraph (2) of section 8122(a) is amended to read as follows: (2) Except as provided in paragraph (3), the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to section 1105 of title 31 for that fiscal year.. (2) Section 8122(d) is amended— (A) by inserting “(1)” before “Real property”; and (B) by adding at the end the following new paragraph: (2) The Secretary may transfer real property under this section, or under section 8117 of this title if the Secretary— (A) places a notice in the real estate section of local newspapers and in the Federal Register of the Secretary’s intent to transfer that real property (including land, structures, and equipment associated with the property); (B) holds a public hearing; (C) provides notice to the Administrator of General Services of the Secretary’s intention to transfer that real property and waits for 30 days to elapse after providing that notice; and (D) after such 30-day period has elapsed, notifies the congressional veterans’ affairs committees of the Secretary’s intention to dispose of the property and waits for 60 days to elapse from the date of that notice.. (3) Section 8164(a) is amended by inserting 8117 or after rather than under section. (4) Section 8165(a)(2) is amended by striking “nursing home revolving fund” and inserting “Capital Asset Fund established under section 8117 of this title.”. (f) Contingent effectiveness \nThe amendments made by this section shall take effect at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with subsection (b) of section 1710B of title 38, United States Code. Such certification shall demonstrate a plan for, and commitment to, ongoing compliance with the requirements of that subsection. (g) Continuing reports \nFollowing a certification under subsection (f), the Secretary shall submit to Congress an update on that certification every six months until the certification is included in the Department's annual budget submission.", "id": "H1F8C6BDECB9543F49597E263931D4F91", "header": "Department of Veterans Affairs Capital Asset Fund" }, { "text": "8117. Authority for transfer of real property; Capital Asset Fund \n(a) (1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States or to a State (or a political subdivision of a State) or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. (2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522 and 541–545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. (3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. (4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. (b) (1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the Fund ). Amounts in the Fund shall remain available until expended. (2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. (3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: (A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses. (B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section. (C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, and establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project. (D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places. (c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President’s budget for that year for the Department specification of the following: (1) The real property transfers to be undertaken in accordance with this section during that fiscal year. (2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the year during which the budget is submitted. (3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.", "id": "H7FF953C456E943939100007FF3F59814", "header": "Authority for transfer of real property; Capital Asset Fund " }, { "text": "4. Annual report to Congress on inventory of Department of Veterans Affairs historic properties \n(a) In general \nNot later than December 15 of 2005, 2006, and 2007, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the historic properties administered or controlled by the Secretary. (b) Initial report \nIn the initial report under subsection (a), the Secretary shall set forth a complete inventory of the historic structures and property under the jurisdiction of the Secretary. The report shall include a description and classification of each such property based upon historical nature, current physical condition, and potential for transfer, leasing, or adaptive use. (c) Subsequent reports \nIn reports under subsection (a) after the initial report, the Secretary shall provide an update of the status of each property identified in the initial report, with the proposed and actual disposition of each property. Each such report shall include any recommendation of the Secretary for legislation to enhance the transfer, leasing or adaptive use of such properties.", "id": "HC25B42461D7445B1B6EB5CD9E0878506", "header": "Annual report to Congress on inventory of Department of Veterans Affairs historic properties" }, { "text": "5. Authority to use project funds to construct or relocate surface parking incidental to a construction or nonrecurring maintenance project \nSection 8109 is amended by adding at the end the following new subsection: (j) Funds in a construction account or capital account that are available for a construction project or a nonrecurring maintenance project may be used for the construction or relocation of a surface parking lot incidental to that project..", "id": "HF0BC33FEB2D64D04842E494E8C5072AC", "header": "Authority to use project funds to construct or relocate surface parking incidental to a construction or nonrecurring maintenance project" }, { "text": "6. Inapplicability of limitation on use of advance planning funds to authorized major medical facility projects \nSection 8104 is amended by adding at the end the following new subsection: (g) The limitation in subsection (f) does not apply to a project for which funds have been authorized by law in accordance with subsection (a)(2)..", "id": "H8DA158A970EC404D8F479F98AFC7A7A", "header": "Inapplicability of limitation on use of advance planning funds to authorized major medical facility projects" }, { "text": "7. Improvement in enhanced-use lease authorities \nSection 8166(a) is amended by inserting land use, in the second sentence after relating to.", "id": "H6303222439F34B71B345A12BF23C5F99", "header": "Improvement in enhanced-use lease authorities" }, { "text": "8. Extension of authority to provide care under long-term care pilot programs \nSubsection (h) of section 102 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. 1710B note) is amended— (1) by inserting (1) before The authority of ; and (2) by adding at the end the following new paragraph: (2) In the case of a veteran who is participating in a pilot program under this section as of the end of the three-year period applicable to that pilot program under paragraph (1), the Secretary may continue to provide to that veteran any of the services that could be provided under the pilot program. The authority to provide services to any veteran under the preceding sentence applies during the period beginning on the date specified in paragraph (1) with respect to that pilot program and ending on December 31, 2005..", "id": "H664488B5B7BB4BB78DBC350013BDEA31", "header": "Extension of authority to provide care under long-term care pilot programs" } ]

[ { "text": "1. Suspension of duty on Basic yellow 94 \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: 9902.32.03 Basic yellow 94 (CAS No. 149982-45-6) (provided for in subheading 3204.13.60) 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": "HDF476FB747224A47004BCAC961B9DBF6", "header": "Suspension of duty on Basic yellow 94" } ]

[ { "text": "1. SHORT TITLE \nThis Act may be cited as the White River National Forest Improvement Act of 2004.", "id": "H37202E5DB3744AA5B7B11209A88B68E", "header": "SHORT TITLE" }, { "text": "2. Administrative sites conveyance authority, White River National Forest, Colorado \n(a) Findings \nThe Congress finds the following: (1) The White River National Forest in Colorado (in this section referred to as the Forest ) is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. (2) The recently completed facility master plan for the Forest, entitled Facility Master Plan, White River National Forest and dated March 2003, including Appendix 3 of the plan, entitled Baseline Analysis and Strategic Recommendations (in this section referred to as the Facility Master Plan and Appendix 3 ), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (b) Special conveyance authority \n(1) Authority provided \nThe Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A) Parcel A \nShop/Barracks/Residential Compound, 10.9 acres, more or less. (B) Parcel B \nEagle D.O. and dwelling unit, 0.3 acres, more or less. (C) Parcel C \nEagle Shop/Pasture compound, 8.0 acres, more or less. (D) Parcel D \nWashington Street Residence, 0.2 acres, more or less. (E) Parcel E \nHoly Cross D.O. (Dowd Junction), 10 acres, more or less. (F) Parcel F \nMartin Property, 11.7 acres, more or less. (G) Parcel G \nBone Yard/Storage Area, 5 acres, more or less. (H) Parcel H \nHousing Compound, 7 acres, more or less. (I) Parcel I \nCross Creek Parcel, 10 acres, more or less. (J) Parcel J \nDwelling 355 Fairway, 0.2 acres, more or less. (K) Parcel K \nDwelling 236 Fairway, 0.2 acres, more or less. (L) Parcel L \nSopris D.O. (Site #300), 1.2 acres, more or less. (M) Parcel M \nSopris Pasture (Site #380), 11 acres, more or less. (N) Parcel N \nOld Tree Nursery (Site #360), 29 acres, more or less. (O) Parcel O \nSO Shop (Site #610), 0.66 acres, more or less. (P) Parcel P \nAirport Site, 4.0 acres, more or less. (2) Inclusion of additional parcels \nThe Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. (3) Descriptions \nThe Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance. (c) Consideration \n(1) Acceptance and forms \nAs consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. (2) Use \nSubject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (3) Valuation \nAny appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Cash equalization \nNotwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed under this section by exchange. (d) Methods and manner of conveyance \n(1) Solicitations of offers \nThe Secretary of Agriculture may— (A) solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (2) Use of competitive methods \nThe Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3) Use of brokers \nThe Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered. (e) Treatment of receipts \n(1) Deposit in sisk act fund \nThe Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ). (2) Relation to other forest receipts \nThe receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 ( 16 U.S.C. 500 ), or the Act of March 4, 1913 ( 16 U.S.C. 501 ). (3) Use of receipts \nAmounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c). (f) Miscellaneous provisions \n(1) Withdrawal \nSubject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2) Inapplicable Authorities \nSubchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (g) Authorization for Appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H043A6C637CA443048FCEAC9C2F6425ED", "header": "Administrative sites conveyance authority, White River National Forest, Colorado" } ]

[ { "text": "1. Addition of California Route 99 to the National Highway System \nSection 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 118 Stat. 293) is amended by adding at the end the following new paragraph: (46) The California Farm-to-Market Corridor. California State Route 99 from south of Bakersfield to Sacramento, California..", "id": "H45D9CC7B6CEF47A698EB6E247E72B3DB", "header": "Addition of California Route 99 to the National Highway System" } ]

[ { "text": "1. Certain capers \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.02 Capers, prepared or preserved by vinegar or acetic acid, in containers holding 3.4 kg or less (provided for in subheading 2001.90.20) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain capers" } ]

[ { "text": "1. Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than.5% \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.07 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than.5% (provided for in subheading 2005.90.97) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than .5%" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Oil Spill Prevention and Liability Act of 2004.", "id": "idC5361AADF2A54AB1A249ABA1D338C299", "header": "Short title" }, { "text": "2. Definition of responsible party \nSection 1001(32) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701(32) ) is amended by striking subparagraph (A) and inserting the following: (A) Vessels \n(i) In general \nIn the case of a vessel other than a single-hull tank vessel, any person that owns, operates, or demise charters the vessel. (ii) Single-hull tank vessels \nIn the case of a single-hull tank vessel, any person that— (I) owns, operates, or demise charters the vessel; or (II) by contract or agreement, through an agent, or otherwise, arranges for the shipment in a single-hull tank vessel of oil owned or possessed by the person or any other person..", "id": "IDe160f164720543f886917fe4d0c5443a", "header": "Definition of responsible party" }, { "text": "3. Limits on liability \n(a) Increase in liability limits \nSection 1004(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(a) ) is amended— (1) in paragraph (1)— (A) by striking for a tank vessel, the greater of— and inserting for a double-hull tank vessel, after December 31, 2004, the greater of— ; (B) in subparagraph (A), by striking $1,200 and inserting $2,400 ; and (C) in subparagraph (B)— (i) in clause (i), by striking $10,000,000 and inserting $20,000,000 ; and (ii) in clause (ii), by striking $2,000,000 and inserting $4,000,000 ; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: (2) for a single-hull tank vessel— (A) during the period beginning January 1, 2005, and ending December 31, 2005, the greater of— (i) $2,400 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $20,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $4,000,000; (B) during the period beginning January 1, 2006, and ending December 31, 2006, the greater of— (i) $3,600 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $30,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $6,000,000; (C) during the period beginning January 1, 2007, and ending December 31, 2007, the greater of— (i) $4,800 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $40,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $8,000,000; (D) during the period beginning January 1, 2008, and ending December 31, 2008, the greater of— (i) $6,000 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $50,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $10,000,000; (E) during the period beginning January 1, 2009, and ending December 31, 2009, the greater of— (i) $7,200 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $60,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $12,000,000; and (F) after December 31, 2009, the maximum amount permitted under the Constitution; ; (4) in paragraph (3) (as redesignated by paragraph (2))— (A) by striking $600 and inserting $1,200 ; and (B) by striking $500,000 and inserting $1,000,000 ; (5) in paragraph (4) (as redesignated by paragraph (2)), by striking $75,000,000 and inserting $150,000,000 ; and (6) in paragraph (5) (as redesignated by paragraph (2)), by striking $350,000,000 and inserting $700,000,000. (b) Adjustment of liability limits \nSection 1004(d) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(d) ) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) Deepwater ports and associated vessels \nThe Secretary may establish a limit of liability of less than $700,000,000, but not less than $100,000,000, for the transportation of oil by vessel to deepwater ports (as defined in section 3 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1502 ). ; and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Adjustment for inflation \nParagraph (2) of section 1004(d) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(d) ) (as redesignated by subsection (b)(2)) is amended— (1) by striking The President and inserting The Secretary of the department in which the Coast Guard is located, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, ; and (2) by striking significant.", "id": "idFCC2531720534CE39FA06296953643BE", "header": "Limits on liability" }, { "text": "4. Carriage of liquid bulk dangerous cargoes \n(a) Conditions for entry to ports in the United States \nSection 9 of the Ports and Waterways Safety Act ( 33 U.S.C. 1228 ) is amended by adding at the end the following: (c) Risk of severe harm \nNot later than January 1, 2006, the Secretary of the department in which the Coast Guard is located shall promulgate regulations under which the owner or operator of a port on the navigable waters of the United States may, after December 31, 2009, place restrictions on the entry into port of a tank vessel shipment presenting a risk of severe harm to the port or port region.. (b) Inspection and examination \nSection 3714(a) of title 46, United States Code, is amended by adding at the end the following: (6) In addition to the inspections required under paragraphs (1) and (2), each single-hull tank vessel that is more than 15 years of age shall undergo an annual inspection in accordance with the Condition Assessment Scheme of the Marine Environment Protection Committee of the International Maritime Organization, adopted by Resolution 94(46) on April 27, 2001, as determined in accordance with regulations promulgated by the Secretary..", "id": "idF243AED04AEB4724AD93917AAD8C56D1", "header": "Carriage of liquid bulk dangerous cargoes" }, { "text": "5. Study \n(a) Administration \nThe Commandant of the Coast Guard shall offer to enter into a contract with the National Academy of Sciences to conduct a study to assess the total economic cost of oil spills, and the types of costs resulting from oil spills, in the United States. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report describing the results of the study.", "id": "id7DF80258F06E4C9C9F5D2324B1B415A5", "header": "Study" }, { "text": "6. Effective date \nThis Act and the amendments made by this Act take effect on January 1, 2005.", "id": "id75321A98176340818E8FEF133CBB64F0", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Full-Service Community Schools Act of 2004.", "id": "H73FE447BB16F4F1BAF75182495D933C", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are the following: (1) Providing support for the planning, implementation, and operation of full-service community schools. (2) Improving the coordination, availability, and effectiveness of services for children and families. (3) Enabling principals and teachers to complement and enrich efforts to help all children reach proficiency in reading and math by 2014. (4) Ensuring that children come to school ready to learn every day. (5) Enabling families to participate in the education of their children. (6) Enabling the more efficient use of Federal, State, local, and private sector resources that serve children and families. (7) Facilitating the coordination of programs operated by nonprofit organizations and State, local, and tribal governments.", "id": "H33774296C675482A9EBF8B20C435E0DE", "header": "Purposes" }, { "text": "3. Full-service community school \nFor purposes of this Act, the term full-service community school means a public elementary or secondary school that— (1) participates in a community-based effort to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provides access to such services to students, families, and the community.", "id": "H01B4526EA28342D6A9433FD000E3DB00", "header": "Full-service community school" }, { "text": "4. Local programs \n(a) Grants \nThe Secretary of Education (in this Act referred to as the Secretary ) may award grants to eligible entities to assist public elementary or secondary schools to function as full-service community schools. (b) Use of funds \nGrants awarded under this section shall be used to provide or coordinate not less than 3 qualified services at 1 or more public elementary or secondary schools. (c) Application \nTo seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A description of the eligible entity. (2) A list of partner entities that will assist the eligible entity to provide or coordinate qualified services. (3) A memorandum of understanding between the eligible entity and each partner entity describing the role the partner entity will assume. (4) A description of the capacity of the eligible entity to provide and coordinate qualified services at a full-service community school. (5) A comprehensive plan that includes descriptions of the following: (A) The student, family, and school community to be served, including information about the number of students, families, and community residents to be served and the frequency of services. (B) Existing qualified services available at each school to be served and in the community involved. (C) Qualified services to be provided or coordinated by the eligible entity and its partner entities. (D) Coordination, management, and oversight of qualified services at each school to be served, including the role of the school principal, the full-service community school coordinator, parents, and members of the community. (E) Funding sources for qualified services at each school to be served, whether such funding is derived from grants under this section or from other Federal, State, local, or private sources. (F) Plans for professional development for managing personnel, or coordinating or delivering qualified services at, the schools to be served. (G) Plans for joint utilization and maintenance of school facilities by the eligible entity and its partner entities. (6) Identification of principles of effectiveness that are based on— (A) an assessment of objective data regarding the need for the establishment of a full-service community school and qualified services at each school to be served and in the community involved; (B) an established set of performance measures aimed at ensuring the availability of high-quality services; and (C) if appropriate, scientifically-based research that provides evidence that the qualified services involved will help students meet State and local student academic achievement standards. (7) A strategy for developing a plan for sustainability. (d) Priority \nIn awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) will serve at least 1 school eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ); (2) demonstrate a record of effectiveness in integrating at least 3 qualified services; and (3) will serve more than 1 full-service community school as part of a community- or district-wide strategy. (e) Grant period \nEach grant awarded under this section shall be for a period of 5 years. (f) Minimum amount \nThe Secretary may not award a grant to an eligible entity under this section in an amount that is less than $75,000 for each year of the 5-year grant period. (g) Definitions \nIn this section: (1) The term eligible entity means a consortium of a local educational agency and 1 or more community-based organizations, nonprofit organizations, or other public or private entities. (2) The term qualified services means any of the following: (A) Early childhood education. (B) Remedial education activities and academic enrichment activities. (C) Programs under the Head Start Act, including Early Head Start programs. (D) Programs that promote parental involvement and family literacy, including the Reading First, Early Reading First, and William F. Goodling Even Start Family Literacy programs authorized in part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6361 et seq. ). (E) Youth development programs. (F) Parent leadership development activities. (G) Parenting education activities. (H) Child care services. (I) Community service and service learning opportunities. (J) Programs that provide assistance to students who have been truant, suspended, or expelled. (K) Job training and career counseling services. (L) Nutrition services. (M) Primary health and dental care. (N) Mental health prevention and treatment services. (O) Adult education, including instruction in English as a second language.", "id": "HF91C1FDB13BC479ABEDEC41C43640083", "header": "Local programs" }, { "text": "5. State programs \n(a) Grants \nThe Secretary may award grants to State collaboratives to support the development of full-service community school programs in accordance with this section. (b) Use of funds \nGrants awarded under this section shall be used only for the following: (1) Planning, coordinating, and expanding the development of full-service community schools in the State. (2) Providing technical assistance and training at full-service community schools, including professional development for personnel and creation of data collection and evaluation systems. (3) Collecting, evaluating, and reporting data about the progress of full-service community schools. (4) Evaluating the impact of State policies and guidelines in the integration of Federal and State programs at full-service community schools. (c) Application \nTo seek a grant under this section, a State collaborative shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A list of all governmental agencies and nonprofit organizations that will participate as members of the State collaborative. (2) A description of the expertise of each member of the State collaborative— (A) in coordinating Federal and State programs across multiple agencies; and (B) in working with and developing the capacity of full-service community schools. (3) A comprehensive plan describing how the grant will be used to plan, coordinate, and expand the delivery of services at full-service community schools. (4) An explanation of how the State will provide technical assistance and training, including professional development, at full-service community schools. (5) An explanation of how the State will collect and evaluate information on full-service community schools. (d) Grant period \nEach grant awarded under this section shall be for a period of 5 years. (e) Minimum amount \nThe Secretary may not award a grant to a State collaborative under this section in an amount that is less than $500,000 for each year of the 5-year grant period. (f) Definitions \nFor purposes of this section: (1) The term State includes 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. (2) The term State collaborative means a collaborative of a State educational agency and not less than 2 other governmental agencies or nonprofit organizations that provide services to children and families.", "id": "H2A174106F43C4CCD9850C2F15CA6E9AB", "header": "State programs" }, { "text": "6. Advisory committee \n(a) Establishment \nThere is hereby established an advisory committee to be known as the Full-Service Community Schools Advisory Committee (in this section referred to as the Advisory Committee ). (b) Duties \nSubject to subsection (c), the Advisory Committee shall— (1) consult with the Secretary on the development and implementation of programs under this Act; (2) identify strategies to improve the coordination of Federal programs in support of full-service community schools; and (3) issue an annual report to the Congress on efforts under this Act. (c) Consultation \nIn carrying out its duties under this section, the Advisory Committee shall consult annually with eligible entities awarded grants under section 4, State collaboratives awarded grants under section 5, and other entities with expertise in operating full-service community schools. (d) Members \nThe Advisory Committee shall consist of 4 members as follows: (1) The Attorney General of the United States (or the Attorney General’s delegate). (2) The Secretary of Agriculture (or the Secretary’s delegate). (3) The Secretary of Health and Human Services (or the Secretary’s delegate). (4) The Secretary of Labor (or the Secretary’s delegate).", "id": "H4BFAA7BD56B441F79276F1E6C54AFCA", "header": "Advisory committee" }, { "text": "7. General provisions \n(a) Technical assistance \nThe Secretary, directly or through grants, shall provide such technical assistance as may be appropriate to accomplish the purposes of this Act. (b) Evaluations by Secretary \nThe Secretary shall conduct evaluations on the effectiveness of grants under section 4 and 5 in achieving the purposes of this Act. (c) Evaluations by grantees \nThe Secretary shall require each recipient of a grant under this section— (1) to conduct periodic evaluations of the progress achieved with the grant toward achieving the purposes of this Act; (2) to use such evaluations to refine and improve activities conducted with the grant and the performance measures for such activities; and (3) to make the results of such evaluations publicly available, including by providing public notice of such availability. (d) Supplement, not supplant \nFunds made available to a grantee under this Act may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this Act. (e) Matching funds \n(1) In general \nThe Secretary shall require each recipient of a grant under this Act to provide matching funds from non-Federal sources in an amount determined under paragraph (2). (2) Determination of amount of match \n(A) Sliding scale \nSubject to subparagraph (B), the Secretary shall determine the amount of matching funds to be required of a grantee under this subsection based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the grantee; and (ii) the ability of the grantee to obtain such matching funds. (B) Maximum amount \nThe Secretary may not require any grantee under this section to provide matching funds in an amount that exceeds the amount of the grant award. (3) In-kind contributions \nThe Secretary shall permit grantees under this section to match funds in whole or in part with in-kind contributions. (4) Consideration \nNotwithstanding this subsection, the Secretary shall not consider an applicant's ability to match funds when determining which applicants will receive grants under this Act.", "id": "H6BA033BD67604487A17B672E87AFE271", "header": "General provisions" }, { "text": "8. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009. (b) Allocation \nOf the amounts appropriated to carry out this Act for each fiscal year— (1) 75 percent shall be for section 4; (2) 20 percent shall be for section 5; and (3) of the remaining 5 percent, not less than $500,000 shall be for technical assistance under section 7(a).", "id": "H450B6409C99A4A2387892E43D9F2EBA6", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Ouachita National Forest Boundary Adjustment Act.", "id": "HF45094C4950046018F3D2ECA20F63716", "header": "Short title" }, { "text": "2. Boundary adjustment, Ouachita National Forest, Oklahoma and Arkansas \n(a) Boundary adjustment \nThe boundaries of the Ouachita National Forest in the States of Oklahoma and Arkansas are hereby modified as depicted on the following maps, dated May 15, 2001: (1) Ouachita National Forest Boundary Extension for the Broken Bow Area. (2) Ouachita National Forest Boundary Extension for the Southern Tiak Area. (3) Ouachita National Forest Boundary Extension for the Northern Ouachita Area. (4) Ouachita National Forest Boundary Extension for the Southern Ouachita Area. (5) Ouachita National Forest Boundary Extension for the Eastern Ouachita Area. (b) Treatment of maps \nThe maps referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service in the District of Columbia. The Secretary of Agriculture may make minor corrections to the maps. (c) Management of acquired land \nAny federally-owned lands that, before the date of the enactment of this Act, have been acquired for National Forest System purposes within the boundaries of the Ouachita National Forest, as modified by subsection (a), and any lands that are acquired on or after that date for National Forest System purposes within such boundaries, shall be managed as lands acquired under the Act of March 1, 1911 (commonly known as the Weeks Act), and in accordance with the other laws and regulations pertaining to the National Forest System. Nothing in this subsection shall limit the authority of the Secretary of Agriculture to adjust the boundaries of the Ouachita National Forest pursuant to section 11 of such Act ( 16 U.S.C. 521 ). (d) Relation to land and water conservation fund act \nFor purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–9 ), the boundaries of the Ouachita National Forest, as modified by subsection (a), shall be considered to be boundaries of the Ouachita National Forest as of January 1, 1965.", "id": "H6675CD84D9D445DBAB6B00ADC5002435", "header": "Boundary adjustment, Ouachita National Forest, Oklahoma and Arkansas" } ]

[ { "text": "1. Martha Pennino Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 11110 Sunset Hills Road in Reston, Virginia, shall be known and designated as the Martha Pennino 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 Martha Pennino Post Office Building.", "id": "H2DE8ECED94804983B69F191742C67548", "header": "Martha Pennino Post Office Building" } ]

[ { "text": "1. Suspension of duty on Acid yellow 235 \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: 9902.32.06 Acid yellow 235 (CAS Nos. 73018-84-5, 71562-83-9, 125408-78-8, 125352-02-5, and 125352-03-6) (provided for in subheading 3204.12.45) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HD1867905DD004757BADCB255CB1223C2", "header": "Suspension of duty on Acid yellow 235" } ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) Kazakhstan has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974. (2) Since its independence from the Soviet Union in 1991, Kazakhstan has made progress toward creating a free-market economy system. (3) The Department of Commerce granted Kazakhstan market economy status , the first such designation of any independent state of the former Soviet Union, effective October 1, 2001. (4) Kazakhstan concluded a bilateral investment treaty with the United States in 1992. (5) Kazakhstan has demonstrated a strong desire to build a friendly and cooperative relationship with the United States. (6) Kazakhstan is providing firm support in the ongoing allied campaign in Afghanistan by allowing coalition forces to use the air space of Kazakhstan and the country’s largest airport in Almaty. (7) Kazakhstan has taken an active role in the reconstruction of Iraq and is the only country in the region of Central Asia to send a military contingent of combat engineers, who have neutralized more than 300,000 explosive devices in Iraq, thereby saving thousands of lives. (8) The extension of unconditional normal trade relations treatment to the products of Kazakhstan will enable the United States to avail itself of all rights under the World Trade Organization with respect to Kazakhstan.", "id": "H850075CB5A6F46EE9E804C2FF839E2AB", "header": "Findings" }, { "text": "2. Termination of application of title IV of the Trade Act of 1974 to Kazakhstan \n(a) Presidential determinations and extensions of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Kazakhstan; and (2) after making a determination under paragraph (1) with respect to Kazakhstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Kazakhstan, title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "HA739ECF8223146CEA8698BF7321CA5DA", "header": "Termination of application of title IV of the Trade Act of 1974 to Kazakhstan" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H41D331FA7BAA483E86F601E35CDD97D", "header": "Short title" }, { "text": "2. Nationwide livestock identification system \nThe Animal Health Protection Act is amended by inserting after section 10409 ( 7 U.S.C. 8308 ) the following new section: 10409A. Nationwide livestock identification system \n(a) System required \nNot later than 90 days after the date of the enactment of the , the Secretary shall establish an electronic nationwide livestock identification system to require the identification of livestock to enhance the speed and accuracy of the response of the Department of Agriculture to outbreaks of disease in livestock. Because livestock diseases are not constrained by State boundaries, the livestock identification system shall apply to all livestock born in the United States or imported and cover the movement of livestock in both interstate commerce and intrastate commerce. (b) Capabilities \nThe livestock identification system shall be capable of tracing, within 48 hours, livestock from birth to slaughter. (c) Participation by States \nThe Secretary shall use the authority provided by section 10411(a) to cooperate with States to secure information for inclusion in the livestock identification system. Subject to subsection (f), the Secretary shall provide States with access to the livestock identification system. (d) Use of existing technology \nThe Secretary may use technology developed by private entities before the date of the enactment of the to operate the livestock identification system. (e) Financial assistance \nTo the extent funds are made available pursuant to subsection (g) to carry out this subsection, the Secretary shall provide financial assistance to producers to assist the producers in complying with the requirements of the livestock identification system. In providing such assistance, the Secretary shall ensure that producers with smaller livestock operations are not placed at a financial disadvantage in complying with such requirements. (f) Release of animal identification numbering information \n(1) Freedom of information act \nInformation obtained through the livestock identification system is exempt from disclosure under section 552 of title 5, United States Code. (2) Character of livestock identification system information \nExcept as provided in paragraphs (3) and (4), information obtained through the livestock identification system— (A) may not be released; (B) shall not be considered information in the public domain; and (C) shall be considered commercial information that is privileged and confidential. (3) Limited release of information authorized \nNotwithstanding paragraph (2), the Secretary may release information obtained through the livestock identification system regarding particular livestock if— (A) the information involves livestock threatened by disease or pest; (B) the release of the information is related to actions the Secretary may take under this subtitle; and (C) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary. (4) Limited release of information required \nNotwithstanding paragraph (2), the Secretary shall release information obtained through the livestock identification system regarding particular livestock— (A) to the person who owns or controls the livestock, if the person requests such information; (B) to the Attorney General for the purpose of law enforcement; (C) to the Secretary of Homeland Security for the purpose of national security; (D) to a court of competent jurisdiction; and (E) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary. (5) Conflict of law \nIf the information disclosure limitations or requirements of this subsection conflict with information disclosure limitations or requirements of a State law— (A) this subsection shall take precedence over the State law, if the conflict involves interstate or international commerce; and (B) the State law shall take precedence over this subsection, if the conflict involves intrastate commerce in that State. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary $175,000,000 to carry out this section..", "id": "H4B808D1319954BB38C15F9D452D63CD9", "header": "Nationwide livestock identification system" }, { "text": "10409A. Nationwide livestock identification system \n(a) System required \nNot later than 90 days after the date of the enactment of the , the Secretary shall establish an electronic nationwide livestock identification system to require the identification of livestock to enhance the speed and accuracy of the response of the Department of Agriculture to outbreaks of disease in livestock. Because livestock diseases are not constrained by State boundaries, the livestock identification system shall apply to all livestock born in the United States or imported and cover the movement of livestock in both interstate commerce and intrastate commerce. (b) Capabilities \nThe livestock identification system shall be capable of tracing, within 48 hours, livestock from birth to slaughter. (c) Participation by States \nThe Secretary shall use the authority provided by section 10411(a) to cooperate with States to secure information for inclusion in the livestock identification system. Subject to subsection (f), the Secretary shall provide States with access to the livestock identification system. (d) Use of existing technology \nThe Secretary may use technology developed by private entities before the date of the enactment of the to operate the livestock identification system. (e) Financial assistance \nTo the extent funds are made available pursuant to subsection (g) to carry out this subsection, the Secretary shall provide financial assistance to producers to assist the producers in complying with the requirements of the livestock identification system. In providing such assistance, the Secretary shall ensure that producers with smaller livestock operations are not placed at a financial disadvantage in complying with such requirements. (f) Release of animal identification numbering information \n(1) Freedom of information act \nInformation obtained through the livestock identification system is exempt from disclosure under section 552 of title 5, United States Code. (2) Character of livestock identification system information \nExcept as provided in paragraphs (3) and (4), information obtained through the livestock identification system— (A) may not be released; (B) shall not be considered information in the public domain; and (C) shall be considered commercial information that is privileged and confidential. (3) Limited release of information authorized \nNotwithstanding paragraph (2), the Secretary may release information obtained through the livestock identification system regarding particular livestock if— (A) the information involves livestock threatened by disease or pest; (B) the release of the information is related to actions the Secretary may take under this subtitle; and (C) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary. (4) Limited release of information required \nNotwithstanding paragraph (2), the Secretary shall release information obtained through the livestock identification system regarding particular livestock— (A) to the person who owns or controls the livestock, if the person requests such information; (B) to the Attorney General for the purpose of law enforcement; (C) to the Secretary of Homeland Security for the purpose of national security; (D) to a court of competent jurisdiction; and (E) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary. (5) Conflict of law \nIf the information disclosure limitations or requirements of this subsection conflict with information disclosure limitations or requirements of a State law— (A) this subsection shall take precedence over the State law, if the conflict involves interstate or international commerce; and (B) the State law shall take precedence over this subsection, if the conflict involves intrastate commerce in that State. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary $175,000,000 to carry out this section.", "id": "H73C5B9538D544ABA94ED6E9E75004650", "header": "Nationwide livestock identification system" }, { "text": "3. Review of Department of Agriculture responses to outbreaks of disease in livestock \nSection 10411 of the Animal Health Protection Act ( 7 U.S.C. 8310 ) is amended by adding at the end the following new subsection: (f) Review of responses to outbreaks of disease \nThe Secretary may appoint an international panel of scientific experts to provide an objective review of a response by the Department of Agriculture to an outbreak of disease in livestock and to identify areas for improvements in such responses..", "id": "HA1036A14D05C4112AE33D2B13FD66436", "header": "Review of Department of Agriculture responses to outbreaks of disease in livestock" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Interstate 3/3rd Infantry Division Highway Initiation Act of 2004.", "id": "HB7B0863CE1E44ADBA7CF246763D5F44", "header": "Short title" }, { "text": "2. Finding \nCongress finds the following: (1) Consistent with the original purposes of the Dwight D. Eisenhower National System of Interstate and Defense Highways there is a need for a direct interstate highway link between Fort Gordon, Eisenhower Army Regional Medical Center, the Augusta Veterans Administration Hospitals, Fort Stewart, Hunter Army Airfield, and the Port of Savannah which is in the strategic defense interest of the Nation. (2) East Georgia, Western North Carolina, and the Great Smoky Mountains region of Tennessee are underserved by north-south interstate highways, and would benefit economically and through increased public safety by establishment of an interstate highway extending from Savannah, Georgia, to Knoxville, Tennessee, following a route generally defined through Sylvania, Waynesboro, Augusta, Lincolnton, Elberton, Hartwell, Toccoa, and Young Harris, Georgia; and Maryville, Tennessee. (3) The United States Army 3rd Infantry Division of Fort Stewart, Georgia provided the Tip of the Spear in the War on Terror in Iraq. This Division sacrificed their blood and lives so that their fellow Americans can live in peace and freedom. These soldiers conquered Najaf, seized Saddam International Airport and Saddam Hussein's palaces, and led the fighting on the day of Baghdad's historic liberation. (4) A new interstate highway designated United States Interstate Route 3 should be constructed on the route described in this section between Savannah, Georgia and Knoxville, Tennessee. (5) This interstate highway should be named the 3rd Infantry Division Highway , in honor of the professionalism, heroism, and sacrifice of the men and women of the United States Army 3rd Infantry Division in defending their Nation's freedom.", "id": "H42AD6C5C7D0B41B591F747C685462666", "header": "Finding" }, { "text": "3. STUDY AND REPORT \nNot later than December 31, 2004, the Secretary of Transportation shall study and report to the appropriate committees of Congress regarding the steps and estimated funding necessary to designate and construct a new interstate (Interstate Route I–3) for the 3rd Infantry Division 6 Highway, from Savannah, Georgia to Knoxville, Tennessee 7 (formerly the Savannah River Parkway).", "id": "H0793DE5A78874521B78E39CFFFCB90D", "header": "STUDY AND REPORT" } ]

[ { "text": "1. Findings \nCongress finds that— (1) in section 1103(a)(2) of the Water Resources Development Act of 1986 (100 Stat. 4225), Congress recognized the Upper Mississippi River System as a nationally significant ecosystem and a nationally significant commercial navigation system and declared that the system shall be administered and regulated in recognition of its several purposes ; (2) inaction on construction of new locks will lead to economic decline, and inaction on implementation of an enhanced ecosystem restoration program will lead to further environmental decline; (3) the Upper Mississippi River and Illinois Waterway carry approximately 60 percent of the corn exports of the United States and 45 percent of the soybean exports of the United States, providing a significant positive balance of trade benefit for the Nation; (4) the movement of more than 100,000,000 tons of product supports 400,000 full- and part-time jobs in the United States, generating over $4,000,000,000 in income and $12,000,000,000 to $15,000,000,000 in economic activity; (5) Midwestern utilities use coal, the second largest category of cargo shipped on the Upper Mississippi River System, to produce cost-efficient energy; (6) keeping the cost of transportation lower through competition between transportation modes is the United States farmer’s competitive advantage in capturing future global growth in agricultural exports; (7) United States farm and trade policies work to open world markets and promote United States exports, and water resource policy has provided a low-cost transportation alternative to other modes; (8) the Department of Agriculture projects that corn exports will grow 44 percent over the next decade, with a 1/3 increase in growth exported through the Gulf of Mexico; (9) United States exports of soybeans and soybean products topped 1,000,000,000 bushels for the third straight year in 2003, with roughly 75 percent exported through the Port of New Orleans via the Mississippi waterways and its tributaries; (10) those transportation savings— (A) provide higher income to farmers and rural communities; and (B) generate Federal and State taxes to support community activities, quality of life, and national benefits; (11) the construction of new 1,200-foot locks and lock extensions will provide more than 48,000,000 man-hours of employment over 10 to 15 years; (12) foreign competitors have worked over the last 10 years to improve foreign transportation infrastructure to compete more effectively with United States production; (13) the inland waterway transportation system moves 16 percent of the freight in the United States for 2 percent of the cost, including more than 100,000,000 tons on the Upper Mississippi River System; (14) the Department of Transportation projects that freight congestion on the roads and rails in the United States will double in the next 25 years and that water transportation will need to play an increasing role in moving freight; (15) the movement of 100,000,000 tons on the river system in 4,400 15-barge tows out of harms way would require an equivalent of 4,000,000 trucks or 1,000,000 rail cars moving directly through our communities; (16) econometric models are useful analytic tools to provide valuable information, but are unable to account for every market trend, development, and public policy impact; (17) the current capacity of the Upper Mississippi River System is— (A) declining by 10 percent annually because of unplanned closures of a 70-year old infrastructure; and (B) reducing the potential for sustained growth; (18) the current 600-foot lock system was designed for steamboats, at a time when 4,000,000 tons moved on the Mississippi River and a total of 2,000,000,000 bushels of corn were produced nationally, compared to today, when 100,000,000 to 120,000,000 tons are shipped and the national production of corn exceeds 10,000,000,000 bushels; (19) the 600-foot locks at Locks and Dam Nos. 20, 21, 22, 24, and 25 on the Upper Mississippi River and LaGrange and Peoria on the Illinois Waterway are operating at 80 percent utilization and are unable to provide for or process effectively the volatile growth of traditional export grain markets; (20) based on the current construction schedule of new locks and dams on the inland system, lock modernization will need to take place over 30 years, starting immediately, as an imperative to avoid lost export grain sales and diminished national competitiveness; (21) the Corps of Engineers has been studying the needs for national investments on the Upper Mississippi River System for the last 15 years and has based initial recommendations on the best available information and science; (22) the Upper Mississippi and Illinois Rivers ecosystem consists of hundreds of thousands of acres of bottomland forests, islands, backwaters, side channels, and wetlands; (23) the river ecosystem is home to 270 species of birds, 57 species of mammals, 45 species of amphibians and reptiles, 113 species of fish, and nearly 50 species of mussels; (24) more than 40 percent of migratory waterfowl and shorebirds in North America depend on the river for food, shelter, and habitat during migration; (25) the annual operation of the Upper Mississippi River Basin needs to take into consideration opportunities for ecosystem restoration; (26) development since the 1930s has altered and reduced the biological diversity of the large flood plain river systems of the Upper Mississippi and Illinois Rivers; (27) Congress recognizes the need for significant Federal investment in the restoration of the Upper Mississippi and Illinois River ecosystems; (28) the Upper Mississippi River System provides important economic benefits from recreational and tourist uses, resulting in the basin’s receiving more visitors annually than most National Parks, with the ecosystems and wildlife being the main attractions; (29) the Upper Mississippi River System— (A) includes 284,688 acres of National Wildlife Refuge land that is managed as habitat for migratory birds, fish, threatened and endangered species, and a diverse assortment of other species and related habitats; and (B) provides many recreational opportunities; and (30) the Upper Mississippi River System also includes over 975,000 acres of land protected by levees and needs a balanced ecosystem restoration program that adequately considers the existing network of flood control infrastructure that protects thousands of homes and businesses.", "id": "H20FD56540D4640A70057F9973540301B", "header": "Findings" }, { "text": "2. Enhanced navigation capacity improvements and ecosystem restoration Plan for the Upper Mississippi River and Illinois Waterway System \n(a) Definitions \nIn this section, the following definitions apply: (1) Plan \nThe term Plan means the preferred integrated plan contained in the document entitled Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR–IWW System Navigation Feasibility System and dated April 29, 2004. (2) Secretary \nThe term Secretary means the Secretary of the Army. (3) Upper Mississippi River and Illinois Waterway System \nThe term Upper Mississippi River and Illinois Waterway System means the projects for navigation and ecosystem restoration authorized by Congress for— (A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and (B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O’Brien Lock in Chicago, Illinois, River Mile 327.0. (b) Authorization of construction of navigation improvements \n(1) Small scale and nonstructural measures \nAt a cost of $24,000,000 in funds from the general fund of the Treasury, to be matched in an equal amount from the Inland Waterways Trust Fund (which is paid by private users), the Secretary shall— (A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock; (B) provide switchboats at Locks 20 through 25 over 5 years for project operation; and (C) conduct development and testing of an appointment scheduling system. (2) New Locks \nAt a cost of $730,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterways Trust Fund (which is paid by the private users), the Secretary shall construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway. (3) Mitigation \nAt a cost of $100,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterway Trust Fund (which is paid by private users), the Secretary shall conduct mitigation for new locks and small scale and nonstructural measures authorized under paragraphs (1) and (2). (c) Ecosystem restoration authorization \n(1) Operation \nTo ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid any adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River. (2) Ecosystem restoration projects \n(A) In general \nThe Secretary shall carry out, consistent with requirements to avoid any adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan. (B) Projects included \nEcosystem restoration projects may include— (i) island building; (ii) construction of fish passages; (iii) floodplain restoration; (iv) water level management (including water drawdown); (v) backwater restoration; (vi) side channel restoration; (vii) wing dam and dike restoration and modification; (viii) island and shoreline protection; (ix) topographical diversity; (x) dam point control; (xi) use of dredged material for environmental purposes; (xii) tributary confluence restoration; (xiii) spillway modification to benefit the environment; (xiv) land easement authority; and (xv) land acquisition. (C) Cost sharing \n(i) In general \nExcept as provided in clause (ii), the Federal share of the cost of carrying out an ecosystem restoration project under this paragraph shall be 65 percent. (ii) Exception for certain restoration projects \nIn the case of a project under this paragraph for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project— (I) is located below the ordinary high water mark or in a connected backwater; (II) modifies the operation or structures for navigation; or (III) is located on federally owned land. (iii) Nongovernmental organizations \nNongovernmental organizations shall be eligible to contribute the non-Federal cost-sharing requirements applicable to projects under this paragraph. (D) Land acquisition \nThe Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing owner through conveyance of— (i) fee title to the land; or (ii) a flood plain conservation easement. (3) Specific projects authorization \n(A) In general \nSubject to subparagraph (B), the ecosystem restoration projects described in paragraph (2) shall be carried out at a total construction cost of $1,460,000,000. (B) Limitation on available funds \nOf the amounts made available under subparagraph (A), not more than $35,000,000 for each fiscal year shall be available for land acquisition under paragraph (2)(D). (4) Implementation reports \n(A) In general \nNot later than June 30, 2005, and every 4 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that— (i) includes baselines, benchmarks, goals, and priorities for ecosystem restoration projects; and (ii) measures the progress in meeting the goals. (B) Advisory panel \n(i) In general \nThe Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under subparagraph (A). (ii) Panelists \nPanelists shall include— (I) 1 representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin; (II) 1 representative of the Department of Agriculture; (III) 1 representative of the Department of Transportation; (IV) 1 representative of the United States Geological Survey; (V) 1 representative of the United States Fish and Wildlife Service; (VI) 1 representative of the Environmental Protection Agency; (VII) 1 representative of affected landowners; (VIII) 2 representatives of conservation and environmental advocacy groups; and (IX) 2 representatives of agriculture and industry advocacy groups. (iii) Co-chairpersons \nThe Secretary and the Secretary of the Interior shall serve as co-chairpersons of the advisory panel. (d) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out subsection (c) for fiscal years 2006 through 2020. (2) Special rules \nAfter fiscal year 2020— (A) funds that have been made available under this subsection, but have not been expended, may be expended; and (B) funds that have been authorized to be appropriated by this subsection, but have not been made available, may be made available.", "id": "H5ECAF1B5815C48A7B6C958D7F1227168", "header": "Enhanced navigation capacity improvements and ecosystem restoration Plan for the Upper Mississippi River and Illinois Waterway System" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HFA3A9461A80648BA8C9C00F354AD3EC3", "header": "Short title" }, { "text": "2. Oxnard, California, water reclamation, reuse, and treatment project \n(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575 ; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following: 1636. Oxnard, California, water reclamation, reuse, and treatment project \n(a) Authorization \nThe Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California. (b) Cost share \nThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).. (b) Clerical amendment \nThe table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 is amended by inserting after the item relating to section 1635 the following: Sec. 1636. Oxnard, California, water reclamation, reuse, and treatment project.", "id": "HF05DF6BA900044738FD4BB4C26C84FF3", "header": "Oxnard, California, water reclamation, reuse, and treatment project" }, { "text": "1636. Oxnard, California, water reclamation, reuse, and treatment project \n(a) Authorization \nThe Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California. (b) Cost share \nThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).", "id": "H8583B4C70C334BCA9D43A2D034C89285", "header": "Oxnard, California, water reclamation, reuse, and treatment project" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Antibullying Campaign Act of 2004.", "id": "H4BA797F41E6045EDA271F2386659B3C9", "header": "Short Title" }, { "text": "2. Grants for Antiharassment Programs \n(a) Grants \nThe Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described \nAn antiharassment program referred to in subsection (a) is a program that prohibits harassment in public schools and on public school grounds for any reason, including reasons based on an individual’s actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, gender, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application \n(1) In General \nThe Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State’s existing or proposed antiharassment program. Such information shall include— (A) the State’s existing or proposed prohibition on harassment; (B) the State’s existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application Review and Approval \n(A) In General \nNot later than 30 days after the date of submission of the State’s application, the Secretary shall review and approve or disapprove the application. (B) Approval \nNot later than 30 days after the date on which the Secretary approves the State’s application, the Secretary shall provide a grant to the State. (C) Disapproval \nNot later than 30 days after the date on which the Secretary disapproves the State’s application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary’s approval. (d) Matching Funds \nThe Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b).", "id": "HBBC2142577594F60931D78CD98E24386", "header": "Grants for Antiharassment Programs" }, { "text": "3. Study and Report \n(a) Study \nThe Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include— (1) the number of students who are harassed; (2) the demographics of those students who are harassed, including— (A) the number of students who are harassed by gender; and (B) the number of students who harass others by gender; (3) the type of harassment to which students are subjected; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Report \nNot later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study.", "id": "HC950172395644D14A1D1958384264246", "header": "Study and Report" }, { "text": "4. Definitions \nIn this Act: (1) Harassment \nThe term harassment means the creation of a hostile environment by conduct or by verbal threats, taunting, intimidation or physical or emotional abuse. (2) School \nThe term school means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Secretary \nThe term Secretary means the Secretary of Education. (4) State \nThe term State includes 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": "H0546C711457D4F1E0082CE3121C61EEF", "header": "Definitions" }, { "text": "5. Authorization of Appropriations \n(a) In General \nThere are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2005 through 2008. (b) Availability \nAmounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2008.", "id": "H7B4DAB14E68844D492ABB151A6F9F3B", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Special Olympics Sport and Empowerment Act of 2004.", "id": "H2325F26B2E134F70BC7F769D00C825DF", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. (2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with an intellectual disability. (3) The Government and the people of the United States are determined to end the isolation and stigmatization of people with an intellectual disability. (4) For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. (5) Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through sport to hundreds of thousands of people with intellectual disabilities within the United States and worldwide over the next 5 years. (6) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. (7) In society as a whole, Special Olympics has become a vehicle and platform for breaking down artificial barriers, improving public health, changing negative attitudes in education, and helping athletes overcome the prejudice that people with intellectual disabilities face in too many places. (8) The Government of the United States enthusiastically supports Special Olympics, recognizes its importance in improving the lives of people with intellectual disabilities, and recognizes Special Olympics as a valued and important component of the global community. (b) Purpose \nThe purposes of this Act are to— (1) provide support to Special Olympics to increase athlete participation in and public awareness about the Special Olympics movement; (2) dispel negative stereotypes about people with intellectual disabilities; (3) build athletic and family involvement through sport; and (4) promote the extraordinary gifts of people with intellectual disabilities.", "id": "H69920214D70740B9B826E432D53E00D2", "header": "Findings and purpose" }, { "text": "3. Assistance for Special Olympics \n(a) Education activities \nThe Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to promote the expansion of Special Olympics, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) International activities \nThe Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to increase the participation of individuals with intellectual disabilities in Special Olympics outside of the United States. (2) Activities to improve the awareness outside of the United States of the abilities and unique contributions that individuals with intellectual disabilities can make to society. (c) Healthy athletes \n(1) In general \nThe Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health assessments, screening for health problems, health education, data collection, and referrals to direct health care services. (2) Coordination \nActivities under paragraph (1) shall be coordinated with private health providers, existing authorized programs of State and local jurisdictions, or the Department of Health and Human Services, as applicable. (d) Limitation \nAmounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics.", "id": "HDA6AE962D14F4192BFB46852792CA14C", "header": "Assistance for Special Olympics" }, { "text": "4. Application and annual report \n(a) Application \n(1) In general \nTo be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content \nAt a minimum, an application under this subsection shall contain the following: (A) Activities \nA description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Measurable goals \nInformation on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual report \n(1) In general \nAs a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content \nAt a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applications submitted under subsection (a).", "id": "H60FCA71001664F2C9266F758B77300A2", "header": "Application and annual report" }, { "text": "5. Authorization of appropriations \nThere are authorized to be appropriated— (1) for grants, contracts, or cooperative agreements under section 3(a), $5,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; (2) for grants, contracts, or cooperative agreements under section 3(b), $3,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3) for grants, contracts, or cooperative agreements under section 3(c), $6,000,000 for each of fiscal years 2005 through 2009.", "id": "H4440411F75D14B43AED7E0D85E914C45", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the President Ronald Reagan $10 Bill Act.", "id": "HEEC04E2BA55248C6A26885A19D3CA9EA", "header": "Short Title" }, { "text": "2. Likeness of President Reagan Required to be Included on the Face of $10 Federal Reserve Notes \nThe 8th undesignated paragraph of section 16 of the Federal Reserve Act ( 12 U.S.C. 418 ) is amended by adding at the end the following new sentence: The face of $10 Federal reserve notes printed after December 31, 2004, shall bear the likeness of President Ronald Wilson Reagan.", "id": "H630A67CB54E5484B90506C8000E122E6", "header": "Likeness of President Reagan Required to be Included on the Face of $10 Federal Reserve Notes" } ]

[ { "text": "1. Prevention of discriminatory taxation of natural gas pipeline property \n(a) Definitions \nIn this section— (1) the term assessment means valuation for a property tax levied by a taxing district; (2) the term assessment jurisdiction means a geographical area used in determining the assessed value of property for ad valorem taxation; (3) the term natural gas pipeline property means all property, real, personal and intangible, owned or used by a natural gas pipeline providing transportation or storage subject to the jurisdiction of the Federal Energy Regulatory Commission; (4) the term commercial and industrial property means property, other than natural gas pipeline property, public utility property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy; (5) the term public utility property means property, other than natural gas pipeline property, devoted to public service and owned or used by any company which performs a public service and which company is regulated by any governmental agency, and (6) the term State as the meaning given such term in section 110(d) of title 4 of the United States Code. (b) Prohibited Acts \nThe following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, authority acting for a State or for a subdivision of a State, or any other taxing authority, taxing jurisdiction, or taxing district established under State law may not do any of them: (1) Assess natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property. (2) Levy or collect a tax on an assessment that may not be made under paragraph (1). (3) Levy or collect an ad valorem property tax on natural gas pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4) Impose any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. (c) Jurisdiction of Courts \nNotwithstanding section 1341 of title 28 of the United States Code, or notions of comity, and without regard to the amount in controversy or citizenship of the parties, a district court of the United States shall have jurisdiction, concurrent with other jurisdiction of courts of the United States, States, and all other taxing authorities and taxing jurisdictions to prevent a violation of subsection (b). Relief may be granted under this subsection only if the ratio of assessed value to true market value of natural gas pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the district court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), the court shall find, as a violation of this section— (1) an assessment of the natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the assessed value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all other commercial and industrial property; and (2) the collection of an ad valorem property tax on the natural gas pipeline property at a tax rate that exceeds the tax rate applicable to taxable property in the taxing district.", "id": "H4CB47327A01E4913AC6FC1F3C002699", "header": "Prevention of discriminatory taxation of natural gas pipeline property" }, { "text": "2. Effective date; application of act \n(a) Effective date \nExcept as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of act \nThe Act shall not apply with respect to any taxable year that begins before the date of the enactment of this Act.", "id": "H92AF129960AF4A129BBD97BCD290F6C4", "header": "Effective date; application of act" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare PPO Fairness Act of 2004.", "id": "H3E5047147E914DD8B216FAEDD7717E2C", "header": "Short title" }, { "text": "2. Reimbursement of enrollees in the Medicare PPO Demonstration Project for expenses for covered benefits provided through out-of-network providers \n(a) Notice \nThe Secretary of Health and Human Services shall provide written notice to each individual who is, or has been, enrolled in the Medicare PPO Demonstration Project of the following: (1) The fact that enrollees under such project are, and have been, eligible for coverage of services whether the services were provided by in-network or out-of-network providers (pursuant to section 1859(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(2) ). (2) There is a procedure, established under subsection (b), to provide for reimbursement for claims for services that should be (or have been) covered but were not covered because of their provision by an out-of-network provider in violation of the requirement described in paragraph (1). (b) Procedure for reimbursement \nThe Secretary shall establish a procedure for reimbursement of enrollees under the Medicare PPO Demonstration Project for claims for services furnished before January 1, 2005, that should be (or have been) covered but were not covered because of their provision by an out-of-network provider in violation of the requirement described in subsection (a)(1). (c) Adjustment in capitation rates \nThe Secretary shall provide for an adjustment in the capitation rates for plans under the Medicare PPO Demonstration Project for months in 2005 so as to reduce payment under such rates, in the aggregate, by the aggregate amount of payments the Secretary estimates will be paid under subsection (b). (d) Definitions \nFor purposes of this section: (1) Medicare PPO demonstration project defined \nThe term Medicare PPO Demonstration Project means the Medicare Preferred Provider Organization (PPO) Demonstration conducted by the Secretary under the authority of section 402(a) of the Social Security Amendments of 1967 ( Public Law 90–248 ; 42 U.S.C. 1395b–1(a) ). (2) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "HB37E93820B6C42BB906C00E816CC5298", "header": "Reimbursement of enrollees in the Medicare PPO Demonstration Project for expenses for covered benefits provided through out-of-network providers" } ]

[ { "text": "1. Transfers of funds \nSection 402(h) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(h) ) is amended to read as follows: (h) Transfers of interest earned by fund \n(1) In general \nThe Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2004, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to make the transfers described in paragraph (2). (2) Transfers described \nThe transfers referred to in paragraph (1) are the following: (A) United Mine Workers of America Combined Benefit Fund \nA transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between— (i) the amount that the trustees of the Combined Benefit Fund estimate will be expended from the premium accounts maintained by the Combined Benefit Fund for the fiscal year of the fund in which the transfer is made; minus (ii) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during such fiscal year in required health benefit premiums. (B) United Mine Workers of America 1992 Benefit Plan \nA transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between— (i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide the benefits required by the 1992 Benefit Plan on the date of enactment of this subparagraph; minus (ii) the amount that the trustees of the 1992 Benefit Plan estimate the 1992 Benefit Plan will receive during such calendar year in required monthly per beneficiary premiums, including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. (C) Multiemployer health benefit plan \nA transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referred to in subparagraph (B), in an amount equal to the difference between— (i) the amount that the trustees of the multiemployer health benefit plan estimate will be expended from such plan during the next calendar year, to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus (ii) the amount of income that such trustees estimate such plan will receive during such calendar year. (3) Adjustment \nIf, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year. (4) Additional amounts \n(A) Previously credited interest \nNotwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used— (i) to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of the Combined Benefit Fund to offset the amount of any deficit in net assets in the Combined Benefit Fund; and (ii) to the extent any such interest remains after the transfer under clause (i), to make the transfers described in subparagraphs (A), (B), and (C) of paragraph (2). (B) Previously allocated amounts \nAll amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers described in paragraph (2). (5) Limitations \n(A) Availability of funds for next fiscal year \nThe Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). (B) Rate of contributions of obligors \nA transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this subparagraph..", "id": "H2951A06822B64DEEAA1E007959819F5F", "header": "Transfers of funds" } ]

[ { "text": "1. Certificates of recognition for employees of defense companies during the Cold War \n(a) Preparation of certificates \nThe Secretary of Defense shall prepare a certificate recognizing the contributions to the national defense during the Cold War by eligible persons employed by defense companies and shall provide the certificate to such persons, in accordance with this Act. (b) Eligible persons \nA person who was employed by an eligible defense company during the Cold War is eligible to receive a certificate under this Act. (c) Application \nThe Secretary shall provide a certificate prepared under subsection (a) to any eligible person who submits an application to the Secretary at such a time, in such manner, and containing such information and assurances as the Secretary may require. (d) Issuance to representative of deceased \nIf an eligible person dies before being issued a certificate under this Act, a representative of that person may apply for a certificate and the certificate may be provided to such representative.", "id": "HDC23904B73A346B30096146E3B8143BE", "header": "Certificates of recognition for employees of defense companies during the Cold War" }, { "text": "2. Definitions \nIn this Act, the following definitions apply: (1) Cold War \nThe term Cold War means the period beginning on September 2, 1945, and ending on December 26, 1991. (2) Eligible defense company \nThe term eligible defense company means a private entity engaged in providing significant and substantial defense-related systems, products, or services to the Department of Defense or the Department of Energy (or any predecessor agency).", "id": "H9424E14333034232B3AA20E231BA723F", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Wauconda Technical and Environmental Remediation Act of 2004.", "id": "H2F96576C60684CD6AD3DFA29D128EE3C", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The Wauconda Sand and Gravel Superfund site, included on the National Priorities List (September, 1983) by the EPA, is a former sand and gravel operation in Lake County, Illinois. (2) In 1941, the Wauconda Sand and Gravel Pit in the Village of Wauconda in Lake County, Illinois, began operation as a landfill. (3) According to a health consultation report released by the Agency for Toxic Substances and Disease Registry, this landfill accepted an estimated 5.4 million cubic yards of waste that included residential garbage, construction debris, and industrial waste and sludge until it closed in July, 1978. (4) The site consists of roughly 74 acres, which includes a 47-acre non-permitted landfill and a 6-acre landfill permitted by the Illinois environmental protection agency. (5) After receiving information concerning the dumping of large quantities of polychlorinated biphenyl, the EPA and the Illinois environmental protection agency started investigations into the possibility of chemicals leaking from the site. (6) The EPA, after receiving the results from those investigations, placed the Wauconda Sand and Gravel pit on the National Priorities List in September, 1983. (7) On September 15, 2003, the Lake County Health Department, Illinois, started sampling 17 residential wells east of the site. The results of the testing of these wells showed vinyl chloride contamination in 7 wells, with the highest level of contamination being 3.6 micrograms per liter. (8) On January 13, 2004, the Lake County Health Department held a public meeting to discuss these results with local residents. The EPA started negotiating with potentially responsible parties, named the Wauconda Task Group, to provide for the testing of 121 additional wells in the Hillcrest subdivision in Wauconda and to provide bottled drinking water to Wauconda residents. (9) After completion of the testing in March, 2004, 81 of the 121 residential wells tested showed vinyl chloride contamination. (10) The results were discussed with local residents and the Wauconda Task Group provided bottled drinking water to Wauconda residents whose wells tested above 1 microgram of vinyl chloride per liter. (11) The Wauconda Task Group, under the oversight of the EPA, was also given the opportunity to expand testing sites.", "id": "H8E015E95F4D64C43BBF9F100084BC7E", "header": "Findings" }, { "text": "3. Assistance \n(a) Immediate assistance \nThe Administrator of the EPA shall— (1) provide bottled drinking water to Wauconda residents served by residential wells with any contamination of vinyl chloride; and (2) increase the testing and monitoring of wells of Wauconda residents. (b) Continuing responsibility \nNothing in this Act may be construed to relieve the Administrator, any other head of a Federal agency, or a potentially liable party of any legal liability with respect to the cleanup of the Wauconda Sand and Gravel Superfund site. (c) Remedial assistance \nThe Administrator shall— (1) conduct a study to examine possible long term solutions to remediate the Wauconda Sand and Gravel Superfund site and to provide a clean drinking water source for Wauconda residents; and (2) make recommendations and implement a long term solution based on such recommendation to provide a clean drinking water source for such residents. (d) Comprehensive resolution \nThe Administrator shall work with the heads of other appropriate Federal and State agencies to seek a comprehensive resolution to both the short term and long term environmental and health problems related to the Wauconda Sand and Gravel Superfund site. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section, $6,000,000 from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986.", "id": "H103F839F632E4201B92497DA90C9F139", "header": "Assistance" }, { "text": "4. Definitions \nFor purposes of this Act: (1) Wauconda resident \nThe term Wauconda resident means an individual living within a 1.5-mile radius of the Wauconda Sand and Gravel Superfund site. (2) EPA \nThe term EPA means the Environmental Protection Agency.", "id": "HB7C96A70ECCD4C13ACE80816003243CB", "header": "Definitions" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Temporary tax credit for small employers offering health coverage through a qualified health pooling arrangement Sec. 3. Qualified State health pooling arrangements Sec. 4. Establishment of national health pooling arrangement Sec. 5. Funding of pooling arrangements Sec. 6. Institute of Medicine study and report", "id": "HFC0053CB7C544BA5856EF8AAAE214D4B", "header": "Short title; table of contents" }, { "text": "2. Temporary tax credit for small employers offering health coverage through a qualified health pooling arrangement \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: 45G. Small business health pool arrangements \n(a) General rule \nFor purposes of section 38, in the case of an eligible small employer, the health pool arrangement credit determined under this section for the taxable year is an amount equal to 50 percent of amounts paid or incurred by the employer during the taxable year as premiums for self-only or family coverage for health benefits under a qualified health pooling arrangement for employees of such employer. (b) Limitations \n(1) Employer must bear 50 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 50 percent of the premiums under the qualified health pooling arrangement are paid by the employer. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer first begins participating in a qualified health pooling arrangement. (3) Employers offering other health benefits \nIn the case of an employer who paid or incurred any expenses for health benefits for the employees of such employer during the first taxable year ending on or after the date of the enactment of this section, subsection (a) shall apply to such employer only if such employer begins participating in a qualified health pooling arrangement during the 2-year period beginning on the later of— (A) the date of the enactment of this section, or (B) the first date that a qualified health pooling arrangement exists which allows such employer to participate. (4) No employees excluded \nSubsection (a) shall not apply to an employer for any period unless at all times during such period coverage for health benefits under a qualified health pooling arrangement is available to all employees of such employer under similar terms. (5) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (c) Definitions and special rules \nFor purposes of this section— (1) Eligible small employer \n(A) In general \nThe term eligible small employer means an employer who employed, with respect to the calendar year in which such employer first begins participating in a qualified health pooling arrangement, an average of not more than 50 employees on business days during the preceding calendar year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is an eligible small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. (C) Permanent status as eligible small employer \nIn the case of an employer who meets the requirements of this subsection with respect to the calendar year in which such employer first begins participating in a qualified health pooling arrangement, such employer shall not fail to be treated as an eligible small employer for any subsequent calendar year. (D) Predecessors \nThe Secretary may prescribe regulations which provide for references in this paragraph to an employer to be treated as including references to predecessors of such employer. (2) Self-employed individuals \n(A) Treatment as employee \nThe term employee includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). (B) Treatment as employer \nAn individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of subparagraph (A). (3) Family coverage \nThe term family coverage means coverage for health benefits of the employee and qualified family members of the employee (as defined in section 35(d), but without regard to the last sentence of paragraph (1) thereof). (4) Qualified health pooling arrangement \nThe term qualified health pooling arrangement means a qualified State health pooling arrangement described in section 3 of or the national health pooling arrangement described in section 4 of such Act. (5) Certain rules made applicable \nRules similar to the rules of section 52 shall apply for purposes of this section.. (b) Credit to be part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , plus , and by adding at the end the following: (15) in the case of an eligible small employer (as defined in section 45G(c)), the health pool arrangement credit determined under section 45G(a).. (c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of section 45G credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the health pool arrangement credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.. (d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for small business health pool arrangements \n(1) In general \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a). (2) Controlled groups \nPersons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Small business health pool arrangements. (f) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2003, for arrangements established after the date of the enactment of this Act.", "id": "H5C2967F4D5C24DF596637C56007104E7", "header": "Temporary tax credit for small employers offering health coverage through a qualified health pooling arrangement" }, { "text": "45G. Small business health pool arrangements \n(a) General rule \nFor purposes of section 38, in the case of an eligible small employer, the health pool arrangement credit determined under this section for the taxable year is an amount equal to 50 percent of amounts paid or incurred by the employer during the taxable year as premiums for self-only or family coverage for health benefits under a qualified health pooling arrangement for employees of such employer. (b) Limitations \n(1) Employer must bear 50 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 50 percent of the premiums under the qualified health pooling arrangement are paid by the employer. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer first begins participating in a qualified health pooling arrangement. (3) Employers offering other health benefits \nIn the case of an employer who paid or incurred any expenses for health benefits for the employees of such employer during the first taxable year ending on or after the date of the enactment of this section, subsection (a) shall apply to such employer only if such employer begins participating in a qualified health pooling arrangement during the 2-year period beginning on the later of— (A) the date of the enactment of this section, or (B) the first date that a qualified health pooling arrangement exists which allows such employer to participate. (4) No employees excluded \nSubsection (a) shall not apply to an employer for any period unless at all times during such period coverage for health benefits under a qualified health pooling arrangement is available to all employees of such employer under similar terms. (5) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (c) Definitions and special rules \nFor purposes of this section— (1) Eligible small employer \n(A) In general \nThe term eligible small employer means an employer who employed, with respect to the calendar year in which such employer first begins participating in a qualified health pooling arrangement, an average of not more than 50 employees on business days during the preceding calendar year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is an eligible small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. (C) Permanent status as eligible small employer \nIn the case of an employer who meets the requirements of this subsection with respect to the calendar year in which such employer first begins participating in a qualified health pooling arrangement, such employer shall not fail to be treated as an eligible small employer for any subsequent calendar year. (D) Predecessors \nThe Secretary may prescribe regulations which provide for references in this paragraph to an employer to be treated as including references to predecessors of such employer. (2) Self-employed individuals \n(A) Treatment as employee \nThe term employee includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). (B) Treatment as employer \nAn individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of subparagraph (A). (3) Family coverage \nThe term family coverage means coverage for health benefits of the employee and qualified family members of the employee (as defined in section 35(d), but without regard to the last sentence of paragraph (1) thereof). (4) Qualified health pooling arrangement \nThe term qualified health pooling arrangement means a qualified State health pooling arrangement described in section 3 of or the national health pooling arrangement described in section 4 of such Act. (5) Certain rules made applicable \nRules similar to the rules of section 52 shall apply for purposes of this section.", "id": "H128EB4D2ECED439B9764FA35997CB25", "header": "Small business health pool arrangements" }, { "text": "3. Qualified State health pooling arrangements \n(a) Defined \nFor purposes of this Act, the term qualified State health pooling arrangement means an arrangement established by a State which meets the following requirements: (1) Health benefits coverage \nThe arrangement provides health benefits coverage that the Secretaries of Health and Human Services and Labor jointly determine is substantially similar to the health benefits coverage in any of the four largest health benefits plans (determined by enrollment) offered under chapter 89 of title 5, United States Code. (2) Group health plan requirements \nThe health benefits coverage provided under the arrangement meets the requirements applicable to a group health plan under chapter 100 of the Internal Revenue Code of 1986, part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and State law. (3) Guaranteed issue and renewable \nThe arrangement does not deny coverage (including renewal of coverage) with respect to employees of any eligible small employer or qualifying family members of such employees on the basis of health status of such employees or family members or any other condition or requirement that the Secretaries of Health and Human Services and Labor jointly determine constitutes health underwriting. (4) No preexisting condition exclusion \nThe arrangement does not permit a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986 and under section 701(b)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 11(b)(1) ). (5) No underwriting; community-rated premiums \n(A) Subject to subparagraph (B), the arrangement does not permit underwriting, through a preexisting condition limitation, differential benefits, or different premium levels, or otherwise, with respect to such coverage for employees or their qualifying family members. (B) The premiums charged for such coverage are community-rated for individuals without regard to health status. (6) No riders \nThe arrangement does not permit riders to the health benefits coverage. (7) Accessibility to eligible small employers \nThe arrangement makes such coverage available to an eligible small employer without regard to whether a credit is available under section 45G of the Internal Revenue Code of 1986 with respect to such employer. (8) Minimum of two plans offered under the arrangement \nThe arrangement makes available at least two plans for health benefits coverage. (b) Eligible small employer; self-employed individual \nFor purposes of this Act, the terms eligible small employer and employee have the same meanings as when such terms are used in section 45G of the Internal Revenue Code of 1986 and rules similar to the rules of subsection (c) of such section shall apply for purposes of this Act. (c) Qualifying family member \nFor purposes of this Act, the term qualifying family member has the meaning given such term in section 35(d) of the Internal Revenue Code of 1986, applied without regard to the last sentence of paragraph (1) thereof. (d) State defined \nFor purposes of this Act, the term State includes the District of Columbia, Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Northern Mariana Islands. (e) Construction \nNothing in this section shall be construed as requiring a State to establish or maintain a qualified State health pooling arrangement. (f) Creditable coverage for purposes of HIPAA \nHealth benefits coverage provided under a qualified State health pooling arrangement under this section (and coverage provided under a National Pooling Arrangement under section 4 of this title) shall be treated as creditable coverage for purposes of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ), title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ), and subtitle K of the Internal Revenue Code of 1986. (g) Oversight and Accountability \n(1) Oversight \nThe Secretaries of Health and Human Services and Labor shall jointly oversee the offering of health benefits coverage under qualified State health pooling arrangements to eligible small employers. (2) Annual reports \n(A) In general \nEach State that offers a qualified State health pooling arrangement under this section in a year shall submit, in a form and manner specified jointly by the Secretaries of Health and Human Services and Labor, a report on the operation of the arrangement in that year. (B) Contents of report \nReports required under subparagraph (A) shall include the following: (i) A description of the health benefits coverage offered under the arrangement. (ii) The number of employers that participated in the arrangement. (iii) The number of employees and qualifying family members of employees who received health benefits coverage under the arrangement. (iv) The premiums charged for the health benefits coverage under the arrangement. (3) Certification \nEach State that offers a qualified State health pooling arrangement under this section in a year shall submit, in a form and manner specified jointly by the Secretaries of Health and Human Services and Labor, a certification that the arrangement meets the requirements of this Act. (h) Coordination of complaints with State insurance commissioners \nThe Secretaries of Health and Human Services and Labor shall coordinate with the insurance commissioners for the various States in establishing a process for handling and resolving any complaints relating to health benefits coverage offered under this Act, to the extent necessary to augment processes otherwise available under State law. (i) No preemption of state law \nNothing in this section shall be construed as preempting provisions of State law that provide protections in excess of the protections required under this section.", "id": "H54612C9170774F00BD7918E7FE8B355D", "header": "Qualified State health pooling arrangements" }, { "text": "4. Establishment of national health pooling arrangement \n(a) In general \nThe Secretaries of Health and Human Services and Labor, jointly in consultation with the Director of the Office of Personnel Management, shall provide for the offering and oversight of a national health pooling arrangement to eligible small employers. (b) National health pooling arrangement defined \nFor purposes of this section, the term national health pooling arrangement means an arrangement under which health plans are offered under terms and conditions that meet the requirements of section 3(a). (c) Use of FEHBP model \nThe Secretaries of Health and Human Services and Labor shall jointly provide for the national health pooling arrangement using the model of the Federal employees health benefits program under chapter 89 of title 5, United States Code, to the extent practicable and consistent with the provisions of this Act. In carrying out such model, the Secretaries shall, to the maximum extent practicable, negotiate the most affordable and substantial coverage possible for small employers.", "id": "H2617BA7E3AFA4DF2B3E93F797D4C81F2", "header": "Establishment of national health pooling arrangement" }, { "text": "5. Funding of pooling arrangements \n(a) Funding of States to establish and operate qualified State health pooling arrangements \nThere are authorized to be appropriated to the Secretaries of Health and Human Services and Labor such sums as may be necessary to provide grants to States to establish and operate qualified State health pooling arrangements described in section 3. (b) Funding of national health pooling arrangement \nThere are authorized to be appropriated to the Secretaries of Health and Human Services and Labor such sums as may be necessary to provide for the offering and operation of the national health pooling arrangement under section 4.", "id": "H82785CD7BC904693BDA80455826949B0", "header": "Funding of pooling arrangements" }, { "text": "6. Institute of Medicine study and report \n(a) Study \nThe Secretaries of Health and Human Services and Labor shall jointly enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences shall conduct a study on the operation of qualified State health pooling arrangements under section 3 and the national health pooling arrangement under section 4. (b) Matters studied \nThe study conducted under subsection (a) shall include the following: (1) An assessment of the success of the arrangements. (2) A determination of the affordability of health benefits coverage under the arrangements for employers and employees. (3) A determination of the access of small employers to health benefits coverage. (4) A determination of the extent to which the tax credit under section 45G of the Internal Revenue Code of 1986 provides a subsidy for eligible small employers that provided (or would have provided) health benefits coverage in the absence of such credit. (5) Recommendations with respect to— (A) extension of the period for which the tax credit under section 45G of the Internal Revenue Code of 1986 is available to employers or an appropriate phase-out of such credit over time; (B) expansion of categories of persons eligible for such tax credit; (C) expansion of persons eligible for health benefits coverage under the arrangements; and (D) such other matters as the Institute determines appropriate. (c) Report \nNot later than January 1, 2009, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a).", "id": "H45F8C0DAF9AA4F4A8600B2BDD3BD6439", "header": "Institute of Medicine study and report" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Graduation Really Achieves Dreams Act or the GRAD Act.", "id": "HB4C1011262A64F579120E0675912EB44", "header": "Short title" }, { "text": "2. Findings \nThe Congress makes the following findings: (1) The national high school graduation rate is only 70 percent, and in urban districts that percentage drops further to only 50 percent. (2) The national graduation rate for the class of 2001 was only 51 percent for African Americans and 52 percent for Latino students. (3) Each school day, approximately 3,000 secondary school students drop out of school. (4) Six million secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (5) Approximately 25 percent of secondary school students are reading at below basic levels. The problem is even more severe for poor students of color. The average minority or low-income ninth grader performs at only the fifth or sixth grade level in reading. (6) Low graduation rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income students. (7) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent of all 4-year college students take a remedial course and 63 percent of all community college students are assigned to at least one remedial course. (8) A small percentage of low-income students who manage to enter college are able to complete a degree. Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a two- or four-year college degree within eight years. (9) Graduation rates impact early drop-out rates in the military. The attrition rates of both non-high school graduates and GED recipients are 8 percentage points higher than the rates of graduates. As a result, the Armed Services no longer accepts high school drop-outs and put less value on alternative certificates. (10) Students who fail to graduate from high school are more likely to engage in criminal activity than students who graduate. A one percent increase in high school graduation rates would save approximately $1.4 billion in costs associated with incarceration, or about $2,100 for each male high school graduate. (11) In today’s workplace, nearly 8 in 10 adults with bachelors degrees are employed, but for those who completed high school only, the figure falls to about 6 in 10. And for students who dropped out, the figure drops further to 4 in 10. (12) Employment projections indicate that jobs requiring only a high school degree will grow by just 9 percent by the year 2008, while those requiring a bachelor’s degree will grow by 25 percent and those requiring an associate’s degree will grow by 31 percent. (13) Personalization of the school environment has been proven to increase success rates for low-performing secondary school students. Nearly 50 percent of middle school youth and 40 percent of high school youth report feelings of disengagement from school. Rates are even higher for teens and minorities in urban schools. These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (14) Effective research-based education programs that improve high school graduation rates are comprehensive in nature and include interventions that begin in kindergarten and span all the grades through 12th.", "id": "HC390747C7D3B43879E3224E203AEB84", "header": "Findings" }, { "text": "3. Project GRAD \n(a) Purpose \nThe purpose of the program authorized under this Act is— (1) to provide support and assistance to programs implementing integrated education reform services to improve high school graduation and college going rates for disadvantaged students; and (2) to promote the establishment of new programs to implement such integrated education reform services. (b) Grant authorized \nThe Secretary is authorized to award a grant to Project GRAD USA, a nonprofit educational organization that has as its primary purpose the improvement of high school graduation and college going rates for disadvantaged students (hereinafter in this section referred to as the grantee ), to provide support and technical assistance to existing programs implementing the set of integrated education reform services described in subsection (d)(2) and to promote the expansion of such programs. (c) Requirements of grant agreement \nThe Secretary shall enter into an agreement with the grantee that requires that— (1) the grantee will enter into subcontracts with nonprofit educational organizations (hereinafter in this section referred to as subgrantees ) under which the subgrantees will agree to establish, operate, and provide the non-Federal share of the cost of implementing Project GRAD programs; (2) the grantee will provide such technical assistance to the subgrantees as may be necessary to carry out the provisions of this section; (3) funds made available under the grant can be used to pay the Federal share of the cost of establishing and operating programs as provided in paragraph (1) and costs associated with the provision of technical assistance as provided in paragraph (2) ; and (4) the grantee will select only subgrantees that serve a substantial number or percentage of low-income students. (d) Supported programs \n(1) Designation; feeder patterns \nThe programs supported with funds available under this section shall be known as Project GRAD programs. Such programs shall, with the agreement of the grantee, identify one or more groups of public schools at which services will be provided through establishing a feeder pattern through which elementary and secondary schools channel students having participated in Project GRAD services into an identified high school. (2) Integrated education reform services \nThe services provided through project GRAD programs shall include— (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs including a systematic approach to increase family and community involvement in the schools served; (C) a college access program, which includes the provision of a college scholarship for students that meet established criteria, proven approaches to increasing student and family college awareness, and assistance for those students in applying to college for financial aid; and (D) such other services identified by the grantee as necessary to increase high school graduation and college going rates. (e) Use of funds \nNot less than 75 percent of the funds received by the grantee under this section shall be used to fund awards to subgrantees to carry out the requirements of subsection (d)(1). The balance of such funds shall be used by grantee to carry out the requirements of subsection (d)(2) , as well as other such activities to promote greater public awareness of integrated education reform services to improve high school graduation and college going rates for disadvantaged students as described in subsection (d)(2). (f) Federal share \n(1) In general \nFor purposes of subsection (c) , the term Federal share means, with respect to the costs of Project GRAD programs authorized in subsection (c) , subgrants provided by the grantee averaging $200 per pupil, adjusted to take into consideration the resources available to the school at which the subgrantee will implement the program, and the need for Project GRAD USA services to improve student outcomes. (2) Exception \nNothing in this subsection shall preclude the awarding of subgrants reflecting a per student cost of more than $200 if the grantee determines that additional resources were not available consistent with the requirements placed on the grantee in subsection (c)(4). (3) More may be required \nIf funds or resources are available to a subgrantee, the grantee may elect to award the subgrantee less than the Federal share of the cost associated with the program. (g) Evaluation \n(1) Evaluation by the Secretary \nThe Secretary shall select an independent entity to evaluate every 3 years the performance of students who participate in a program under this section. The evaluation shall be contracted using the strongest possible research design for determining the effectiveness of programs funded under this section. The evaluation shall include a comparison of reading and mathematics achievement and, where applicable, high school graduation, college going, and college completion rates of students who participate in the programs funded under this section with those indicators for students of similar backgrounds who do not participate in such programs. (2) Evaluation by grantee and subgrantees \nThe grantee shall require each subgrantee to prepare an in-depth report of the results of the programs supported with funds, and the use of funds, made available under this section. Such review shall include data on the reading and math achievement of students involved in the programs and statistics on high school graduation, college going, and college completion rates, and such financial reporting as deemed relevant to review the effectiveness and efficiency of the program. The report shall be in a form and include such content as shall be determined by the grantee in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD program. (3) Availability of evaluations \nCopies of any evaluation or report prepared pursuant to this section shall be available to the Secretary and the Chairman and ranking member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. (h) Authorization of appropriations \nThere are authorized to be appropriated to make grants under this section $27,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (i) Low-income student \nFor purposes of this section, the term low-income student means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(c) of the Elementary and Secondary Education Act of 1965.", "id": "HD36938929515413E93CE7C3BA32DFC63", "header": "Project GRAD" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Matthew Boisvert Help Extend Respect Owed to Every Soldier (HEROES) Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Initial Care Sec. 101. Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals Sec. 102. Authority to provide civilian clothing to members traveling in connection with medical evacuation Title II—Health Care Sec. 201. Minimum standards for postdeployment medical examinations Sec. 202. Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics Sec. 203. Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom Sec. 204. Rescission of Department of Veterans Affairs memorandum Title III—Transition Assistance Sec. 301. Disabled Servicemembers Support System Sec. 302. Reauthorization of Service Members Occupational Conversion and Training Act Sec. 303. Sense of Congress on DoD/VA information sharing Title IV—Homeownership Sec. 401. Mortgage assistance Title V—Education Sec. 501. Repeal of $1,200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program", "id": "H2FAE353ECF024152BB574FB51FECEB38", "header": "Short title; table of contents" }, { "text": "101. Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals \n(a) Access to VA facilities \nThe Secretary of Veterans Affairs shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to veterans being furnished hospital care and medical services by the Secretary in order to provide information and counseling to those veterans on the care and services authorized to be provided under laws administered by the Secretary. Access to veterans under this subsection shall be provided at each facility of the Department at which the Secretary furnishes care and services to veterans and at each non-Department facility at which the Secretary furnishes such care and services. (b) Access to DOD facilities \nThe Secretary of Defense shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to members of the Armed Forces being furnished hospital care and medical services by the Secretary in order to provide information and counseling to those veterans on the care and services authorized to be provided under laws administered by the Secretary of Defense and under laws administered by the Secretary of Veterans Affairs. Access to servicemembers under this subsection shall be provided at each military treatment facility at each other facility at which the Secretary furnishes such care and services. (c) Consent required \nAccess to a veteran under this section is subject to the consent of the veteran.", "id": "H11EDFED3C27B4AF798EF68EAE0412BD8", "header": "Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals" }, { "text": "102. Authority to provide civilian clothing to members traveling in connection with medical evacuation \nSection 1047 of title 10, United States Code, is amended— (1) by inserting (b) Certain Enlisted Members.— before The Secretary ; and (2) by inserting after the section heading the following: (a) Members traveling in connection with medical evacuation \nThe Secretary of the military department concerned may furnish civilian clothing and personal care products to a member at a cost not to exceed $250, or reimburse a member for the purchase of civilian clothing in an amount not to exceed $250, in the case of a member who— (1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated while on active duty; or (2) after being medically evacuated as described in paragraph (1), is in an authorized travel status from a medical facility to another location approved by the Secretary..", "id": "HA069A72E65354EF38567664715D6FFF7", "header": "Authority to provide civilian clothing to members traveling in connection with medical evacuation" }, { "text": "201. Minimum standards for postdeployment medical examinations \n(a) Quality assurance \nThe Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish an effective quality assurance program that will help ensure that the Armed Forces comply with the requirements of section 1074f(d) of title 10, United States Code. (b) Uniform applicability \nThe Secretary shall ensure that the content and standards prescribed for predeployment and postdeployment medical examinations are applied uniformly at all installations and medical facilities of the Armed Forces where medical examinations required under this section are performed for members of the Armed Forces returning from a deployment as part of Operation Iraqi Freedom or Operation Enduring Freedom. (c) Inclusion of screening for mental health disorders \nAny such postdeployment examination shall include content and standards for screening for mental health disorders. In the case of acute post-traumatic stress disorder and delayed onset post-traumatic stress disorder, such examination shall specifically include a personal evaluation to identify stressors experienced by servicemembers that have the potential to lead to post-traumatic stress disorders. An examination consisting solely or primarily of an assessment questionnaire completed by a member does not meet the requirements of this subsection for a medical examination and does not meet the requirements of this section for an assessment. An examination of a member required under this section may not be waived by the Secretary (or any official exercising the Secretary's authority under this section) or by the member.", "id": "HB16D56EDEE514A8CBE90F8B41F317EE2", "header": "Minimum standards for postdeployment medical examinations" }, { "text": "202. Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics \nThe Secretary of Veterans Affairs shall provide vouchers to veterans entitled to psychiatric and mental health services at medical facilities of the Department of Veterans Affairs for use at non-Department facilities in the case of eligible veterans who reside more than 50 miles from the nearest such facility of the Department.", "id": "H81FDDD3A2BC8423AA18E430003DAC71D", "header": "Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics" }, { "text": "203. Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom \n(a) Establishment \nThe Secretary of Veterans Affairs shall establish and maintain a special record containing health status information concerning individuals who as members of the Armed Forces served during Operation Iraqi Freedom or Operation Enduring Freedom. The registry shall be used to record demographic information on those individuals and their mental and physical health history, including signs of post-traumatic stress disorder. (b) Claims for compensation \nThe Secretary shall include in the information maintained in the record under subsection (a) information on claims for veterans’ disability compensation due to ill health. (c) Compatibility with DOD registry \nThe Secretary shall ensure that the information in the record under this section be collected and maintained so as to enable easy cross-reference with a registry for the Department of Defense established under this Act. (d) Notification of research developments \nThe Secretary shall notify individuals in the Registry from time to time on significant developments in research on the health consequences of military service during the operations specified in subsection (a).", "id": "H3FD31D4C21274C8CA9B4005C1D250800", "header": "Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom" }, { "text": "204. Rescission of Department of Veterans Affairs memorandum \n(a) Rescission of memorandum \nThe memorandum of the Department of Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary for Health for Operations and Management with the subject Status of VHA Enrollment and Associated Issues is hereby rescinded. Marketing activities of Directors of health service networks (known as Veterans Integrated Service Networks ) of the Department of Veterans Affairs to enroll new veterans within their respective networks shall be carried out without regard to such memorandum. (b) Funding limitation \nNo funds available to the Department of Veterans Affairs may be used to carry out the memorandum referred to in subsection (a) or otherwise to implement the policy contained in that memorandum.", "id": "HCCF97B501A4C44488187CBAEED8143F2", "header": "Rescission of Department of Veterans Affairs memorandum" }, { "text": "301. Disabled Servicemembers Support System \n(a) DSSS Program \nThe Secretary of each military department shall carry out a program to provide a support system for members of the Armed Forces who incur severe disabilities on or after September 11, 2001. The program shall include a system of advocacy and follow-up with personal support to assist those members as they transition from military service to the civilian community. (b) Service executive agent \nThe Secretary of each military department shall designate an executive agent for each of the Armed Forces under that Secretary’s jurisdiction to have the authority and responsibility to carry out the program under this section throughout that Armed Force and, in cooperation with the Secretary of Homeland Security, for members of the Coast Guard with severe disabilities. (c) Personnel \nThe Secretary shall ensure that there are sufficient personnel assigned to the program so that the the ratio of severely disabled members or former members eligible for the program at any time to the number of personnel assigned to the program with specific responsibility for advocacy and follow-up for assigned members and former members is not greater than 30:1. (d) Authorization \nThere are authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out the programs under this section.", "id": "HA3BC3909F904424EABE14D104272DC66", "header": "Disabled Servicemembers Support System" }, { "text": "302. Reauthorization of Service Members Occupational Conversion and Training Act \n(a) Employment training assistance \nThe Secretary of Defense shall carry out a program to assist eligible persons in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. The program shall be carried out through payments to employers who employ and train eligible persons in such positions, to defray the costs of necessary training. (b) Agreements with State agencies \nThe Secretary (or other implementing official) may enter into contracts or agreements with State approving agencies (as designated pursuant to section 3671 of title 38, United States Code) or other State agencies to carry out duties under the program. The Secretary (or other implementing official) shall require each such State approving agency or other State agency to submit to the Secretary (or other official) a monthly certification of charges submitted for expenses under the program. (c) Eligible persons \nFor purposes of the program under this section, a person is an eligible person if the person is an eligible person under the Service Members Occupational Conversion and Training Act of 1992 ( 10 U.S.C. 1143 note) or if the person, while a member of the Armed Forces on active duty, served in Operation Enduring Freedom or Operation Iraqi Freedom. (d) Incorporation of provisions of 1992 Act \nIn carrying out the program under this section, the Secretary shall, to the maximum extent practicable, incorporate the provisions of the Service Members Occupational Conversion and Training Act of 1992 ( 10 U.S.C. 1143 note).", "id": "H5725654BC2FF426FB682B10847CAF718", "header": "Reauthorization of Service Members Occupational Conversion and Training Act" }, { "text": "303. Sense of Congress on DoD/VA information sharing \nIt is the sense of Congress that the Secretary of Defense and the Secretary of Veterans Affairs— (1) should jointly identify ways to improve the coordination and cooperation between the two departments to support the provision of veterans' benefits to members and former members of the Armed Forces who have been deployed as described in section 1074f(a) of title 10, United States Code, as well as to other members and former members of the Armed Forces; and (2) in particular, should specifically address compatibility of health care filing systems, consistency of claims forms, consistency of medical examinations, and shared electronic databases with appropriate privacy protections.", "id": "H99D3F333FA294629A821E546DDE0C990", "header": "Sense of Congress on DoD/VA information sharing" }, { "text": "401. Mortgage assistance \n(a) In general \nSection 230 of the National Housing Act ( 12 U.S.C. 1715u ) is amended by adding at the end the following new subsection: (g) (1) The Secretary shall provide assistance and supplemental assistance under this subsection with respect to mortgages of members of the Armed Forces who are seriously injured during service in the Armed Forces, for the purpose of avoiding foreclosure on the mortgages. (2) An individual shall be eligible for assistance under this subsection only if— (A) the individual has been seriously injured while on active duty in the Armed Forces; and (B) the income of the individual is materially reduced (in the determination of the Secretary) because of such injury. (3) A mortgage shall be eligible for assistance under this subsection only if— (A) the mortgagor is an eligible member of the Armed Forces; and (B) the dwelling that secures the loan subject to the mortgage is the primary residence of the eligible member of the Armed Forces. (4) (A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide assistance under this subsection in the form of monthly payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. (B) Assistance payments under this paragraph shall be made for the 2-year period beginning upon the serious injury of the eligible member of the Armed Forces. (C) Assistance payments under this paragraph shall be in the amount determined by the Secretary to be necessary to pay any monthly charges during such period for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)), and may include an amount necessary to make the payments on the mortgage current. (5) (A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide supplemental assistance under this subsection in the form of monthly supplemental payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. (B) Supplemental assistance payments under this paragraph shall be made for the period beginning upon the expiration of the 2-year period under paragraph (4)(B) and ending upon payment in full of the obligation under the eligible mortgage. (C) Supplemental assistance payments under this paragraph shall be made in the amount equal to the difference between— (i) the amount determined by the Secretary to be necessary to pay any monthly charges for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)); and (ii) 30 percent of the monthly income of the household of the mortgagor. (D) Supplemental assistance payments under this paragraph may include an amount necessary to make the payments on the mortgage current. (6) The Secretary may prescribe additional requirements to carry out this subsection. (7) For purposes of this subsection: (A) The term active duty means full-time duty in the active military service of the United States. The term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. (B) The term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard, and includes members of the National Oceanic and Atmospheric Administration and the Public Health Service when assigned to and serving with the Armed Forces. (C) The term eligible member of the Armed Forces means an individual who meets the requirements under paragraph (2). (D) The term eligible mortgage means a mortgage that meets the requirements under paragraph (3). The term mortgage means all first mortgages and includes mortgages not insured under this title. (E) The term income means income from all sources and members of the household, including any benefits and annuities, as determined in accordance with criteria prescribed by the Secretary. (8) There are authorized to be appropriated such sums as may be necessary to carry out this subsection.. (b) Effective date \nAssistance may be provided under the amendments made by subsection (a) only with respect to eligible members of the Armed Forces seriously injured on or after September 11, 2001.", "id": "H2CA7D34831064F2E825155EEBCD0EF5D", "header": "Mortgage assistance" }, { "text": "501. Repeal of $1,200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program \nAny reduction in the basic pay of an individual referred to in section 3011(b) of title 38, United States Code, by reason of such section 3011(b), or of any individual referred to in section 3012(c) of such title by reason of such section 3012(c), as of the date of the enactment of this Act shall cease, commencing with the first month beginning after such date, and any obligation of such individual under such section 3011(b) or 3012(c), as the case may be, as of the day before such date shall be considered to be fully satisfied as of such date.", "id": "HD85A8CC6F51B4DF98CE27F0643A55A8", "header": "Repeal of $1,200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE7B6AA114B1F4DEA9BC300D95F476555", "header": "Short title" }, { "text": "2. Reauthorization of Paul D. Coverdell Drug-Free Workplace Program \n(a) In general \nParagraph (1) of section 27(g) of the Small Business Act ( 15 U.S.C. 654(g) ) is amended by striking 2001 through 2003 and inserting 2004 through 2006. (b) Additional grants for programs carried out in cooperation with small business development centers \n(1) In general \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (A) by striking There is established and inserting the following: (1) In general \nThere is established ; and (B) by adding at the end the following new paragraph: (2) Additional grants for programs carried out in cooperation with small business development centers \nThe Administrator may make an additional grant to, or enter into a cooperative agreement or contract with, any grantee under paragraph (1) 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.. (2) Authorization \nSubsection (g) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph: (2) Additional authorization \nThere is authorized to be appropriated to carry out this subsection, $1,500,000 for each of fiscal years 2004 through 2006. Amounts made available under this paragraph shall remain available until expended. ; and (C) in paragraph (1)— (i) by inserting (other than subsection (b)(2)) after this section ; and (ii) by striking this subsection and inserting this paragraph. (c) 2-year grants \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as amended by subsection (b), is further amended by adding at the end the following new paragraph: (3) 2-year grants \nEach grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator.. (d) Eligibility of drug-free communities coalitions \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. ).. (e) Evaluation and coordination \nSection 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following new subsections: (d) Technical assistance \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 receiving a grant under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs. (e) Evaluation of program \n(1) Data collection system \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. (2) 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. (3) Study and report \nNot later than 18 months after the date of the enactment of the Drug-Free Workplace Program Reauthorization Act of 2004, the Administrator, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall— (A) compile and analyze the information collected under this subsection; (B) identify trends in such information; (C) evaluate the effectiveness of the drug-free workplace programs established with assistance provided under this section; and (D) submit to the Congress a report that describes the results of the analysis conducted under subparagraph (A), the trends identified under subparagraph (B), and the results of the evaluation conducted under subparagraph (C).. (f) Small business development centers \n(1) In general \nSubparagraph (T) of section 21(c)(3) of the Small Business Act (15 U.S.C 648(c)(3)) is amended by striking October 1, 2003 and inserting October 1, 2006. (2) Limitation \nParagraph (3) of section 27(h) of the Small Business Act ( 15 U.S.C. 654(g) ), as redesignated under subsection (b)(2) and (d), is amended— (A) by striking $1,000,000 and inserting $500,000 ; and (B) by inserting for fiscal years 2004 through 2006 after under this subsection. (g) Administrative costs \nSubsection (h) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as so redesignated, is amended by adding at the end the following new paragraph: (4) Administrative costs \nOf the total amount made available under this subsection for any fiscal year, not more than 5 percent of such amount shall be used for administrative costs (determined without regard to the administrative costs of eligible intermediaries)..", "id": "H43C6973B3397458F8822B3F145301BFD", "header": "Reauthorization of Paul D. Coverdell Drug-Free Workplace Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "HB2EE32E5FC694D708477FF77C4ED1DA4", "header": "Short title" }, { "text": "2. References to general partners \n(a) Exclusion of certain active businesses from at risk rules \nSubclause (I) of section 465(c)(7)(D)(ii) of the Internal Revenue Code of 1986 (defining qualified corporate partner) is amended to read as follows: (I) such corporation is not prohibited or limited under State law from participation in the management or business of the partnership.. (b) Payments to retiring partners \nSubparagraph (B) of section 736(b)(3) of such Code (relating to limitation on application of paragraph (2)) is amended to read as follows: (B) any portion of the retiring or deceased partner’s distributive share of partnership income was subject to tax under section 1401.. (c) Foreign currency transactions \nSubclause (I) of section 988(c)(1)(E)(v) of such Code is amended to read as follows: (I) Certain general partners \nThe interest of a partner in the partnership shall not be treated as failing to meet the 20-percent ownership requirements of clause (iii)(I) for any taxable year of the partnership if for the taxable year of the partner in which such partnership taxable year ends— (aa) the partner is not limited as to participation in the management or activity of the qualified fund, and (bb) such partner (and each corporation filing a consolidated return with such partner) had no ordinary income or loss from a section 988 transaction which is foreign currency gain or loss (as the case may be).. (d) Special valuation rules for generation-skipping tax \nClause (ii) of section 2701(b)(2)(B) of such Code (relating to partnerships) is amended to read as follows: (ii) in the case of a limited partnership, the holding of any interest as a partner who is not limited as to participation in management or activity of the partnership.. (e) Tax matters partner \nParagraph (7) of section 6231(a) of such Code (defining tax matters partner) is amended to read as follows: (7) Tax matters partner \n(A) In general \nThe tax matters partner of any partnership is— (i) the partner designated as the tax matters partner as provided in regulations, or (ii) if there is no partner who has been so designated, the partner having the largest profits interest in the partnership at the close of the taxable year involved (or, where there is more than 1 such partner, the 1 of such partners whose name would appear first in an alphabetical listing). (B) Selection by Secretary \nIf there is no partner designated under subparagraph (A)(i) and the Secretary determines that it is impracticable to apply subparagraph (A)(ii), the partner selected by the Secretary shall be treated as the tax matters partner. The Secretary shall, within 30 days of selecting a tax matters partner under the preceding sentence, notify all partners required to receive notice under section 6223(a) of the name and address of the person selected. (C) Restriction on designation of partner \nA partner may not be designated as a tax matters partner under subparagraph (A)(i) unless such partner is not limited as to participation in management or activity of the partnership.. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HD10967114641428C95C41977C172612", "header": "References to general partners" }, { "text": "3. References to limited partners \n(a) Limited entrepreneur \n(1) In general \nSubparagraph (A) of section 464(e)(2) of the Internal Revenue Code of 1986 (defining limited entrepreneur) is amended by striking other than as a limited partner. (2) Conforming amendments \n(A) Section 464(c) of such Code is amended— (i) by striking limited partners or in paragraph (1)(B), (ii) by striking a limited partner or in paragraph (2). (B) Section 1256 of such Code is amended— (i) by striking limited partners or each place it appears in subsections (e)(3)(B) and (f)(4), (ii) by striking a limited partner or in subsection (e)(3)(C), and (iii) by striking limited partner or both places it appears in the heading and text of subsection (e)(4)(A)(i). (C) Section 1258(d)(5)(C) of such Code is amended— (i) by striking limited partner or in the matter preceding subclause (i), (ii) by striking “limited partner’s (or limited entrepreneur’s) in subclause (i) and inserting “limited entrepreneur’s”, and (iii) by striking partners and limited in the heading. (b) Passive loss rules \n(1) Subsection (h) of section 469 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (2) Subparagraph (A) of section 469(c)(7) of such Code is amended by striking the last sentence. (3) Paragraph (6) of section 469(i) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (4) Subsection (f) of section 772 of such Code (relating to special rules for applying passive loss limitations) is amended to read as follows: (f) Special rules for applying passive loss limitations \n(1) In general \nIf any person holds an interest in an electing large partnership other than as a partner described in paragraph (3)— (A) paragraph (2) of subsection (c) shall not apply to such partner, and (B) such partner’s distributive share of the partnership items allocable to passive loss limitation activities shall be taken into account separately to the extent necessary to comply with the provisions of section 469. (2) Exception \nParagraph (1) shall not apply to any items allocable to an interest held as a partner described in paragraph (3). (3) Partner described \nFor purposes of this subsection, a partner is described in this paragraph if the partner is a person whose participation in the management or business activity of the partnership is limited under applicable State law.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HC1D7F3D4B4924AD29E2FBAA95D0068DB", "header": "References to limited partners" }, { "text": "4. Partnership income attributable to capital excluded from net earnings from self-employment \n(a) In general \nParagraph (13) of section 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: (13) there shall be excluded the distributive share of net income of a partner attributable to capital;. (b) Partnership income attributable to capital \nSection 1402 of such Code is amended by adding at the end the following new subsection: (l) Partnership income attributable to capital \n(1) In general \nFor purposes of subsection (a)(13), the following amounts shall be treated as income attributable to capital— (A) the amount, if any, in excess of what would constitute reasonable compensation for services rendered by such partner to the partnership, and (B) an amount equal to a reasonable rate of return on unreturned capital of the partner determined as of the beginning of the taxable year. (2) Definitions \nFor purposes of paragraph (1)— (A) Unreturned capital \nThe term unreturned capital means the excess of the aggregate amount of money and the fair market value as of the date of contribution of other consideration (net of liabilities) contributed by the partner over the aggregate amount of money and the fair market value as of the date of distribution of other consideration (net of liabilities) distributed by the partnership to the partner, increased or decreased for the partner’s distributive share of all reportable items as determined in section 702. If the partner acquires a partnership interest and the partnership makes an election under section 754, the partner’s unreturned capital shall take into account appropriate adjustments under section 743. (B) Reasonable rate of return \nA reasonable rate of return on unreturned capital shall equal 150 percent (or such higher rate as is established in regulations) of the highest applicable Federal rate, as determined under section 1274(d)(1), at the beginning of the partnership’s taxable year. (3) Regulations \nThe Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.. (c) Effective date \nThe amendments made by this section shall apply with respect to services performed in taxable years beginning after December 31, 2004.", "id": "H2353ADB1CDEE42558D31313845188FD3", "header": "Partnership income attributable to capital excluded from net earnings from self-employment" }, { "text": "5. Repeal of ability to elect large partnership reporting rules \n(a) In general \nParagraph (2) of section 775(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: No election under this subsection shall be made after December 31, 2004.. (b) Effective date \nThe amendment made by this section shall apply to partnership taxable years beginning after December 31, 2004.", "id": "H0A36729D8175481D9848C46992FBAEE5", "header": "Repeal of ability to elect large partnership reporting rules" } ]

[ { "text": "1. Effective date for payment of lump sums to persons awarded the Medal of Honor \nSection 1562(f) of title 38, United States Code, is amended— (1) in paragraph (1) by inserting on or after April 27, 1916, after under this section ; (2) in paragraph (2) by inserting or (4) after paragraph (1) ; and (3) by adding at the end the following new paragraphs: (3) If a person otherwise eligible for payment under paragraph (1) is deceased, the Secretary shall make the payment to the living person first listed below: (A) The decedent’s spouse. (B) The decedent’s children (in equal shares). (C) The decedent’s dependent parents (in equal shares). (4) If a person is awarded the Medal of Honor posthumously on or after April 27, 1916, the Secretary shall pay, in a lump sum, an amount equal to the total amount of special pension that the person would have received during the period beginning on the first day of the first month beginning after the date of the act for which the person was awarded the Medal of Honor and ending on the last day of the month preceding the month in which the person died to the living person first listed below: (A) The decedent’s spouse. (B) The decedent’s children (in equal shares). (C) The decedent’s dependent parents (in equal shares)..", "id": "H2DC173A915724A89A0793E45D55BB3E6", "header": "Effective date for payment of lump sums to persons awarded the Medal of Honor" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H2C4D6C0815714EF390C2E8B0651E3362", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The combination of global competitive pressures, flat domestic demand, and spiraling costs of production threaten the future of the United States soda ash industry. (2) Despite booming world demand, growth in United States exports of soda ash since 1997 has been flat, with most of the world's largest markets for such growth, including Brazil, the People's Republic of China, India, the countries of eastern Europe, and the Republic of South Africa, have been closed by protectionist policies. (3) The People's Republic of China is the prime competitor of the United States in soda ash production, and recently supplanted the United States as the largest producer of soda ash in the world. (4) Over 700 jobs have been lost in the United States soda ash industry since the Department of the Interior increased the royalty rate on soda ash produced on Federal land, in 1996. (5) Reduction of the royalty rate on soda ash produced on Federal land will provide needed relief to the United States soda ash industry and allow it to increase export growth and competitiveness in emerging world markets, and create new jobs in the United States.", "id": "H27B642CD359B4C5EB0B695778A94F00", "header": "Findings" }, { "text": "3. Reduction in royalty rate on soda ash \nNotwithstanding section 24 of the Mineral Leasing Act ( 30 U.S.C. 262 ) and the terms of any lease under that Act, the royalty rate on soda ash produced on Federal land in the 5-year period beginning on the date of the enactment of this Act shall be 2 percent.", "id": "H2D01D7359CC64C19A2106341E327BFA8", "header": "Reduction in royalty rate on soda ash" }, { "text": "4. Study \nAfter the end of the 4-year period beginning on the date of the enactment of this Act, and before the end of the 5-year period beginning on that date, the Secretary of the Interior shall report to the Congress on the effects of the royalty reduction under this Act, including— (1) the amount of soda ash produced on Federal land during that 4-year period; (2) the number of jobs that have been created or maintained as a result of the royalty reduction; (3) the total amount of royalty paid to the United States on soda ash produced during that 4-year period; and (4) a recommendation of whether the reduced royalty rate should apply after the end of the 5-year period beginning on the date of the enactment of this Act.", "id": "HF32E90043D184E4B96BFDF9E7D8705DA", "header": "Study" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Heroes Act.", "id": "H1DDAB2EC234A460193B8876D8C71C0F9", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Each State has chosen statues of 2 local heroes to exhibit in the Capitol. (2) Most of these heroes depict figures who lived during the early years of the Nation’s history. (3) The completion of the construction of the Capitol Visitor Center will increase the size of the public space inside the Capitol complex, making more space available in which statues of noteworthy Americans should be displayed. (4) On September 11, 2001, the passengers of United Airlines flight number 93 made a unique contribution which helped to protect the Capitol from attack.", "id": "H7B60FEC7D7394FF7BD4682CFAB4B82EB", "header": "Findings" }, { "text": "3. State hero designation \n(a) In general \nEach State may provide 1 statue of an individual representing that State which shall be displayed in the Capitol Visitor Center. (b) Criteria for heroes \nThe statues displayed in the Capitol Visitor Center shall be depictions of individuals who participated in the life of the State they represent in ways that will inspire young Americans to embrace the ideals of the United States as reflected in the Constitution. (c) Selection of heroes \nNo statue shall be displayed in the Capitol Visitor Center unless the individual depicted in the statue was selected in the manner described in section 4. (d) American Hero Administrator \n(1) In general \nThe Clerk of the House of Representatives and the Secretary of the Senate shall jointly assign to 1 of their employees the post of the American Hero Administrator, with such term as agreed upon by the Clerk and the Secretary. (2) Statue guidelines \nThe American Hero Administrator shall prepare guidelines establishing the size, weight, and other necessary restrictions to be placed on the statues to be displayed in the Capitol Visitor Center under this Act.", "id": "H5C617B8FB5EB48C49FD1E0DC0150F1BB", "header": "State hero designation" }, { "text": "4. State American Hero Commissions \n(a) In general \nIn order for a statue provided by a State to be placed in the Capitol Visitor Center under this Act, the State shall establish an American Hero Commission to select the individual to represent that State. (b) Duties of the commission \n(1) Selection of heroes \nEach American Hero Commission shall choose, by a majority vote, after considering any suggestions submitted under subsection (b), the individual whose statue will represent the State of that Commission. (2) Commission and delivery of statue \nEach American Hero Commission shall commission an artist to design and create the statue and shall arrange for the delivery of the statue to the Capitol Visitor Center. (3) Procurement of funds \nEach American Hero Commission shall raise private or State funds to pay for the cost of commissioning the statue and delivering it to the Capitol Visitor Center. (c) Commissioners \n(1) Appointment \nEach American Hero Commission shall be comprised of commissioners who are appointed by Members of Congress. (2) Number \nEach Member of Congress shall appoint 1 commissioner to the American Hero Commission for that Member’s State so that the total number of commissioners shall be equal to the number of Senators plus the number of Members of the House of Representatives for the State. (3) Qualifications \nCommissioners shall be individuals who are respected in their communities and who are residents in good standing of the State represented by the appointing Member. (4) Compensation \nCommissioners shall serve on the American Hero Commission without compensation. (5) Administration \nThe commissioners of each American Hero Commission shall establish the rules, meeting schedules, and deadlines that they consider appropriate in carrying out their duties. (d) Consultation of essays \n(1) Request for essays \nEach American Hero Commission shall ask that young people who are between the ages of 14 and 18 and who live in the State to write essays suggesting individuals to represent the State in a statue displayed in the Capitol Visitor Center under this Act and to submit the essays to the Commission. (2) Consultation \nIn determining who will represent their State, the commissioners of each American Hero Commission shall consider any individuals suggested in the essays submitted under paragraph (1).", "id": "H46D8ECF7050B408C9F7D19F1E227882C", "header": "State American Hero Commissions" }, { "text": "5. Statue honoring the passengers of Flight 93 \n(a) Procurement and installation of statue \nThe Architect of the Capitol shall procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001 for their heroic role in protecting Washington, DC from attack. (b) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H4593F298F97A4130B055BE772800E460", "header": "Statue honoring the passengers of Flight 93" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Military Sexual Assault Crimes Revision Act of 2004.", "id": "H37ECC0A422914595BD5BAAA120B8B591", "header": "Short title" }, { "text": "2. Military sexual abuse \n(a) Sexual abuse \nSection 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: 920. Art. 120. Sexual abuse \n(a) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by using force against that other person; (2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) renders another person unconscious and thereby engages in a sexual act with that other person; or (4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. (c) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (2) engages in a sexual act with another person if that other person is— (A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. (d) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; and (B) is not that person’s spouse; is guilty of sexual abuse of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. (e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person’s spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. (f) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.. (b) Conforming amendments \n(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking rape, and inserting aggravated sexual abuse, aggravated sexual abuse of a child,. (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking Rape or carnal knowledge and inserting Aggravated sexual abuse of a child or sexual abuse of a minor. (c) Clerical amendment \nThe table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 920 and inserting the following new item: 920. Art. 120. Sexual abuse. (d) Effective date \nThe amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. (e) Interim maximum punishments \nUntil the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by this section, may not exceed the following limits: (1) For aggravated sexual abuse or aggravated sexual abuse of a child, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. (f) No preemption \nThe prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense.", "id": "H645C2130C0A14B2CABE4376DC9F9E47", "header": "Military sexual abuse" }, { "text": "920. Art. 120. Sexual abuse \n(a) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by using force against that other person; (2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) renders another person unconscious and thereby engages in a sexual act with that other person; or (4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. (c) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (2) engages in a sexual act with another person if that other person is— (A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. (d) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; and (B) is not that person’s spouse; is guilty of sexual abuse of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. (e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person’s spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. (f) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.", "id": "HE44A80F3112E48E2B19000CA00C3E7ED", "header": "Art. 120. Sexual abuse" } ]

[ { "text": "1. Bullying and Harassment Prevention Policies, Programs, and Statistics \n(a) State Reporting Requirements \nSection 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7112(c)(3)(B)(iv) ) is amended by inserting , including bullying and harassment, after violence. (b) State Application \nSection 4113(a) of such Act ( 20 U.S.C. 7113(a) ) is amended— (1) in paragraph (9)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) the incidence and prevalence of reported incidents of bullying and harassment; and (F) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents; ; (2) in paragraph (18), by striking and at the end; (3) in paragraph (19), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement.. (c) Local Educational Agency Program Application \nSection 4114(d) of such Act ( 20 U.S.C. 7114(d) ) is amended— (1) in paragraph (2)(B)(i)— (A) in the matter preceding subclause (I), by striking the semicolon and inserting a comma; (B) in subclause (I), by striking and at the end; and (C) by adding at the end the following: (III) performance indicators for bullying and harassment prevention programs and activities; and ; and (2) in paragraph (7)— (A) in subparagraph (A), by inserting , including bullying and harassment after disorderly conduct ; (B) in subparagraph (D), by striking and at the end; and (C) by adding at the end the following: (F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and (G) complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including— (i) the name of the school or district officials who are designated as responsible for receiving such complaints; and (ii) timelines that the school or district will follow in the resolution of such complaints;. (d) Authorized Activities \nSection 4115(b)(2) of such Act ( 20 U.S.C. 7115(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (vi), by striking and at the end; (B) in clause (vii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (viii) teach students about the consequences of bullying and harassment. ; and (2) in subparagraph (E), by adding at the end the following: (xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.. (e) Reporting \nSection 4116(a)(2)(B) of such Act ( 20 U.S.C. 7116(a)(2)(B) ) is amended by inserting , including bullying and harassment, after drug use and violence. (f) Impact Evaluation \nSection 4122 of such Act ( 20 U.S.C. 7132 ) is amended— (1) in subsection (a)(2), by striking and school violence and inserting school violence, including bullying and harassment, ; and (2) in the first sentence of subsection (b), by inserting , including bullying and harassment, after drug use and violence. (g) Definitions \n(1) Drug and Violence Prevention \nParagraph (3)(B) of section 4151 of such Act ( 20 U.S.C. 7151 ) is amended by inserting , bullying, and other harassment after sexual harassment and abuse. (2) Protective Factor, Buffer, or Asset \nParagraph (6) of such section is amended by inserting , including bullying and harassment after violent behavior. (3) Risk Factor \nParagraph (7) of such section is amended by inserting , including bullying and harassment after violent behavior. (4) Bullying, Harassment, and Violence \nSuch section is further amended by adding at the end the following: (12) Bullying \nThe term bullying means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities by placing a student in reasonable fear of physical harm. (13) Harassment \nThe term harassment means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities because the conduct as reasonably perceived by the student is so severe, pervasive, and objectively offensive. (14) Violence \nThe term violence includes bullying and harassment.. (h) Effect on Other Laws \n(1) Amendment \nThe Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: 4156. Effect on Other Laws \n(a) Federal and State Nondiscrimination Laws \nNothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws \nNothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.. (2) Clerical Amendment \nThe table of contents of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by adding after the item relating to section 4155 the following: Sec. 4156. Effect on other laws.", "id": "HD6054A76BBD54BE684216EF794A3C713", "header": "Bullying and Harassment Prevention Policies, Programs, and Statistics" }, { "text": "4156. Effect on Other Laws \n(a) Federal and State Nondiscrimination Laws \nNothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws \nNothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.", "id": "H3AA5A23150EE477FA70093DC375EFE", "header": "Effect on Other Laws" } ]

[ { "text": "1. Modification of treatment of adopted children \n(a) In general \nSection 101(b)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)(i), by striking a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: and inserting a child adopted while under the age of 18 years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years and the adoption was officially initiated while the child was under the age of 16 years: ; and (2) in subparagraph (F)— (A) in clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; (ii) by inserting while under the age of 18 years after who has been adopted abroad ; and (iii) by striking the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: and inserting the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States and that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 16 years: ; and (B) in clause (ii), by striking except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 201(b). and inserting except that the Secretary of Homeland Security shall be satisfied that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 18 years.. (b) Provisions effective upon entry into force of convention \n(1) In general \nSection 101(b)(1)(G ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(G) ) is amended— (A) in the matter preceding clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; and (ii) by inserting while under the age of 18 years after who has been adopted ; and (B) in clause (i)— (i) in subclause (IV), by striking and at the end; and (ii) by adding at the end the following: (VI) in the case of a child who— (aa) has been adopted, the adoption was officially initiated while the child was under the age of 16 years; or (bb) has not been adopted, the approval described in subparagraph (V)(aa) was officially sought while the child was under the age of 16 years; and. (2) Effective date \nThe amendments made by paragraph (1) shall take effect as if included in the enactment of section 302(a) of the Intercountry Adoption Act of 2000 ( Public Law 106–279 ). (c) Naturalization purposes \nSection 101(c)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c)(1) ) is amended to read as follows: (1) The term child means an unmarried person under 21 years of age and includes— (A) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in the United States or elsewhere, if such legitimation takes place before the child reaches the age of 16 years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; and (B) except as otherwise provided in sections 320 and 321, a child adopted in the United States, if such adoption is officially initiated before the child reaches the age of 16 years and the child is in the legal custody of the adopting parent or parents at the time of such adoption..", "id": "H0433071D092848CE88E5EFA2299FFD6C", "header": "Modification of treatment of adopted children" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HDED955B6A06044458C153D52E4877785", "header": "Short title" }, { "text": "2. IMMEDIATE IMPLEMENTATION OF FULL CONCURRENT RECEIPT \n(a) Revisions to fiscal year 2004 amendments \nSection 1414 of title 10, United States Code, as amended by section 641(a) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1511), is amended— (1) in subsection (a)— (A) in paragraph (1), by striking the second sentence; and (B) in paragraph (2), by striking 50 percent and inserting 10 percent ; (2) by striking subsection (c); and (3) in subsection (e), by striking paragraphs (3) and (4). (b) Clerical amendments \n(1) The heading for such section is amended by striking for disabilities rated 50 percent or higher. (2) The table of sections at the beginning of chapter 71 of such title is amended by striking for disabilities rated 50 percent or higher. (c) Effective date \nThe amendments made by subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to payments for months beginning on or after that day.", "id": "H8E9118AC7D6E4502AFB587081E40CD59", "header": "IMMEDIATE IMPLEMENTATION OF FULL CONCURRENT RECEIPT" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Safe Food Act of 2004. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Establishment of Food Safety Administration Sec. 101. Establishment of Food Safety Administration. Sec. 102. Consolidation of separate food safety and inspection services and agencies. Sec. 103. Additional duties of the Administration. TITLE II—Administration of food safety program Sec. 201. Administration of national program. Sec. 202. Registration of food establishments and foreign food establishments. Sec. 203. Preventative process controls to reduce adulteration of food. Sec. 204. Performance standards for contaminants in food. Sec. 205. Inspections of food establishments. Sec. 206. Food production facilities. Sec. 207. Federal and State cooperation. Sec. 208. Imports. Sec. 209. Resource plan. Sec. 210. Traceback. TITLE III—Research and education Sec. 301. Public health assessment system. Sec. 302. Public education and advisory system. Sec. 303. Research. TITLE IV—Enforcement Sec. 401. Prohibited acts. Sec. 402. Food detention, seizure, and condemnation. Sec. 403. Notification and recall. Sec. 404. Injunction proceedings. Sec. 405. Civil and criminal penalties. Sec. 406. Presumption. Sec. 407. Whistleblower protection. Sec. 408. Administration and enforcement. Sec. 409. Citizen civil actions. TITLE V—Implementation Sec. 501. Definition. Sec. 502. Reorganization plan. Sec. 503. Transitional authorities. Sec. 504. Savings provisions. Sec. 505. Conforming amendments. Sec. 506. Additional technical and conforming amendments. Sec. 507. Regulations. Sec. 508. Authorization of appropriations. Sec. 509. Limitation on authorization of appropriations. Sec. 510. Effective date.", "id": "H3E0C794BC42F435BB1CF9656C8D63703", "header": "Short title; table of contents" }, { "text": "2. Findings; purposes \n(a) Findings \nCongress finds that— (1) the safety of the food supply of the United States is vital to the public health, to public confidence in the food supply, and to the success of the food sector of the Nation's economy; (2) lapses in the protection of the food supply and loss of public confidence in food safety are damaging to consumers and the food industry, and place a burden on interstate commerce; (3) the safety and security of the food supply requires an integrated, system-wide approach to preventing food-borne illness, a thorough and broad-based approach to basic and applied research, and intensive, effective, and efficient management of the Nation's food safety program; (4) the task of preserving the safety of the food supply of the United States faces tremendous pressures with regard to— (A) emerging pathogens and other contaminants and the ability to detect all forms of contamination; (B) an aging and immune compromised population, with a growing number of people at high-risk for food-borne illnesses; (C) an increasing volume of imported food, without adequate monitoring and inspection; and (D) maintenance of rigorous inspection of the domestic food processing and food service industries; (5) Federal food safety standard setting, inspection, enforcement, and research efforts should be based on the best available science and public health considerations and food safety resources should be systematically deployed in ways that most effectively prevent food-borne illness; (6) the Federal food safety system is fragmented, with at least 12 Federal agencies sharing responsibility for food safety, and operates under laws that do not reflect current conditions in the food system or current scientific knowledge about the cause and prevention of food-borne illness; (7) the fragmented Federal food safety system and outdated laws preclude an integrated, system-wide approach to preventing food-borne illness, to the effective and efficient operation of the Nation's food safety program, and to the most beneficial deployment of food safety resources; (8) the National Academy of Sciences recommended in the report Ensuring Safe Food from Production to Consumption that Congress establish by statute a unified and central framework for managing Federal food safety programs, and recommended modifying Federal statutes so that inspection, enforcement, and research efforts are based on scientifically supportable assessments of risks to public health; and (9) the lack of a single focal point for food safety leadership in the United States undercuts the ability of the United States to exert food safety leadership internationally, which is detrimental to the public health and the international trade interests of the United States. (b) Purposes \nThe purposes of this Act are— (1) to establish a single agency to be known as the Food Safety Administration — (A) to regulate food safety and labeling to protect the public health; (B) to ensure that food establishments fulfill their responsibility to produce food in a manner that protects the public health of all people in the United States; (C) to lead an integrated, system-wide approach to food safety and to make more effective and efficient use of resources to prevent food-borne illness; and (D) to provide a single focal point for food safety leadership, both nationally and internationally; (2) to transfer to the Food Safety Administration the food safety, labeling, inspection, and enforcement functions that, as of the day before the effective date of this Act, are performed by other Federal agencies; and (3) to modernize the Federal food safety laws to achieve more effective application and efficient management of the laws for the protection and improvement of public health.", "id": "HF9AB6578C97B435695CA024113392F22", "header": "Findings; purposes" }, { "text": "3. Definitions \nIn this Act: (1) Administration \nThe term Administration means the Food Safety Administration established under section 101(a)(1). (2) Administrator \nThe term Administrator means the Administrator of Food Safety appointed under section 101(a)(3). (3) Adulterated \n(A) In general \nThe term adulterated has the meaning described in subsections (a) through (c) of section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(a) –(c)). (B) Inclusion \nThe term adulterated includes bearing or containing a contaminant that causes illness or death among sensitive populations. (4) Agency \nThe term agency has the meaning given that term in section 551 of title 5, United States Code. (5) Category 1 food establishment \nThe term category 1 food establishment means a food establishment that routinely slaughters animals for human consumption. (6) Category 2 food establishment \nThe term category 2 food establishment means a food establishment that processes raw meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and the processes of which do not include a step validated to destroy contaminants. (7) Category 3 food establishment \nThe term category 3 food establishment means a food establishment that processes meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and whose processes include a step validated to destroy contaminants. (8) Category 4 food establishment \nThe term category 4 food establishment means a food establishment that processes all other categories of food products not described in paragraphs (5) through (7). (9) Category 5 food establishment \nThe term category 5 food establishment means a food establishment that stores, holds, or transports food products prior to delivery for retail sale. (10) Contaminant \nThe term contaminant includes a bacterium, chemical, natural or manufactured toxin, virus, parasite, prion, physical hazard, or other human pathogen that when found on or in food can cause human illness, injury, or death. (11) Contamination \nThe term contamination refers to a presence of a contaminant in food. (12) Food \n(A) In general \nThe term food means a product intended to be used for food or drink for a human. (B) Inclusions \nThe term food includes any product (including a meat food product, as defined in section 1(j) of the Federal Meat Inspection Act ( 21 U.S.C. 601(j) )), capable for use as human food that is made in whole or in part from any animal, including cattle, sheep, swine, or goat, or poultry (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 )). (C) Exclusion \nThe term food does not include dietary supplements, as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) ). (13) Food establishment \n(A) In general \nThe term food establishment means a slaughterhouse, factory, warehouse, or facility owned or operated by a person located in any State that processes food. (B) Exclusions \nFor the purposes of registration, the term food establishment does not include a farm, restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer, or fishing vessel (other than a fishing vessel engaged in processing, as that term is defined in section 123.3 of title 21, Code of Federal Regulations). (14) Food production facility \nThe term food production facility means any farm, ranch, orchard, vineyard, aquaculture facility, confined animal-feeding operation, or animal feed production facility. (15) Food safety law \nThe term food safety law means— (A) the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) related to and requiring the safety, labeling, and inspection of food, infant formulas, food additives, pesticide residues, and other substances present in food under that Act; (B) the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) and of any other Act that are administered by the Center for Veterinary Medicine of the Food and Drug Administration; (C) the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ); (D) the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); (E) the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ); (F) the Sanitary Food Transportation Act of 1990 (49 U.S.C. App. 2801 et seq.); (G) the provisions of the Humane Methods of Slaughter Act of 1978 ( Public Law 95–448 ) administered by the Food Safety and Inspection Service; (H) the provisions of this Act; and (I) such other provisions of law related to and requiring food safety, labeling, inspection, and enforcement as the President designates by Executive order as appropriate to include within the jurisdiction of the Administration. (16) Foreign food establishment \n(A) In general \nThe term foreign food establishment means a slaughterhouse, factory, warehouse, or facility located outside the United States that processes food that is imported into the United States without further processing or packaging inside the United States. (B) Further processing or packaging \nA food shall not be considered to have undergone further processing or packaging solely because labeling was added or a similar activity of a de minimis nature was carried out with respect to the food. (17) Interstate commerce \nThe term interstate commerce has the meaning given that term in section 201(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(b) ). (18) Misbranded \nThe term misbranded has the meaning given that term in section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ). (19) Process \nThe term process or processing means the commercial harvesting, slaughter, packing, preparation, or manufacture of food. (20) Safe \nThe term safe refers to human health. (21) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States.", "id": "H9D1BEC6AE49E4364A7343F2FF7082D93", "header": "Definitions" }, { "text": "101. Establishment of Food Safety Administration \n(a) Establishment \n(1) In general \nThere is established in the executive branch an agency to be known as the Food Safety Administration. (2) Status \nThe Administration shall be an independent establishment (as defined in section 104 of title 5, United States Code). (3) Head of Administration \nThe Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Duties of Administrator \nThe Administrator shall— (1) administer and enforce the food safety law; (2) serve as a representative to international food safety bodies and discussions; (3) promulgate regulations to ensure the security of the food supply from all forms of contamination, including intentional contamination; and (4) oversee— (A) implementation of Federal food safety inspection, enforcement, and research efforts, to protect the public health; (B) development of consistent and science-based standards for safe food; (C) coordination and prioritization of food safety research and education programs with other Federal agencies; (D) prioritization of Federal food safety efforts and deployment of Federal food safety resources to achieve the greatest possible benefit in reducing food-borne illness; (E) coordination of the Federal response to food-borne illness outbreaks with other Federal and State agencies; and (F) integration of Federal food safety activities with State and local agencies.", "id": "H59FC7507F3A6444C8916C9494D58C064", "header": "Establishment of Food Safety Administration" }, { "text": "102. Consolidation of separate food safety and inspection services and agencies \n(a) Transfer of functions \nFor each Federal agency specified in subsection (b), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the effective date of this Act (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety law, as determined by the President. (b) Transferred agencies \nThe Federal agencies referred to in subsection (a) are— (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration; (3) the part of the Agriculture Marketing Service that administers shell egg surveillance services established under the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ); (4) the resources and facilities of the Office of Regulatory Affairs of the Food and Drug Administration that administer and conduct inspections of food establishments and imports; (5) the resources and facilities of the Office of the Commissioner of the Food and Drug Administration that support— (A) the Center for Food Safety and Applied Nutrition; (B) the Center for Veterinary Medicine; and (C) the Office of Regulatory Affairs facilities and resources described in paragraph (4); (6) the Center for Veterinary Medicine of the Food and Drug Administration; (7) the resources and facilities of the Environmental Protection Agency that control and regulate pesticide residues in food; (8) the part of the Research, Education, and Economics mission area of the Department of Agriculture related to food safety and animal feed research; (9) the part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce that administers the seafood inspection program; and (10) such other offices, services, or agencies as the President designates by Executive order to carry out this Act.", "id": "HC7F52F1F5E5547219332A33DC849A5C1", "header": "Consolidation of separate food safety and inspection services and agencies" }, { "text": "103. Additional duties of the Administration \n(a) Officers and employees \nThe Administrator may— (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (b) Experts and consultants \nThe Administrator may— (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. (c) Bureaus, offices, and divisions \nThe Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator.", "id": "HE5146966E5C64308986E2C285871B5C9", "header": "Additional duties of the Administration" }, { "text": "201. Administration of national program \n(a) In general \nThe Administrator shall— (1) administer a national food safety program (referred to in this section as the program ) to protect public health; and (2) ensure that persons who produce or process food for human consumption meet their responsibility to prevent or minimize food safety hazards related to their products. (b) Comprehensive analysis \nThe program shall be based on a comprehensive analysis of the hazards associated with different food and with the processing of different food, including the identification and evaluation of— (1) the severity of the potential health risks; (2) the sources and specific points of potential contamination extending from the farm or ranch to the consumer that may render food unsafe for human consumption; (3) the potential for persistence, multiplication, or concentration of naturally occurring or added contaminants in food; (4) opportunities across the food production, processing, distribution, and retail system to reduce potential health risks; and (5) opportunities for intentional contamination. (c) Program elements \nIn carrying out the program, the Administrator shall— (1) implement a national system for the registration of food establishments and foreign food establishments and regular unannounced inspection of food establishments; (2) enforce the adoption of process controls in food establishments, based on best available scientific and public health considerations and best available technologies; (3) establish and enforce science-based standards for— (A) substances that may contaminate food; and (B) safety and sanitation in the processing and handling of food; (4) implement a sampling program to ensure that industry programs and procedures that prevent food contamination are effective on an ongoing basis and that food meets the standards established under this Act; (5) implement procedures and requirements to ensure the safety and security of imported food; (6) coordinate with other agencies and State or local governments in carrying out inspection, enforcement, and monitoring; (7) have access to the surveillance data of the Centers for Disease Control and Prevention, and other Federal Government agencies, in order to implement a national surveillance system to assess the health risks associated with the human consumption of food; (8) develop public education risk communication and advisory programs; (9) implement a research program to further the purposes of this Act; and (10) coordinate and prioritize food safety research and educational programs with other agencies, including State or local agencies.", "id": "H3758D83BDABD4234B8C947B653F8C5D6", "header": "Administration of national program" }, { "text": "202. Registration of food establishments and foreign food establishments \n(a) In general \nThe Administrator shall by regulation require that any food establishment or foreign food establishment engaged in processing food for human consumption in the United States be registered with the Administrator. (b) Registration requirements \n(1) In general \nTo be registered under subsection (a)— (A) in the case of a food establishment, the owner, operator, or agent in charge of the food establishment shall submit a registration to the Administrator; and (B) in the case of a foreign food establishment, the owner, operator, or agent in charge of the foreign food establishment shall— (i) submit a registration to the Administrator; and (ii) provide the name, address, and emergency contact information of the United States agent for the foreign food establishment. (2) Registration \nA food establishment or foreign food establishment shall submit a registration under paragraph (1) to the Administrator that— (A) identifies the name, address, and emergency contact information of each food establishment or foreign food establishment that the registrant operates under this Act and all trade names under which the registrant conducts business relating to food; (B) lists the primary purpose and business activity of each food establishment or foreign food establishment, including the dates of operation if the food establishment or foreign food establishment is seasonal; (C) lists the types of food processed or sold at each food establishment or, for foreign food establishments selling food for consumption in the United States, identifies the specific food categories of that food as listed under section 170.3 of title 21, Code of Federal Regulations; and (D) not later than 30 days after a change in the products, function, or legal status of the food establishment or foreign food establishment (including cessation of business activities), notifies the Administrator of the change. (3) Procedure \nUpon receipt of a completed registration described in paragraph (1), the Administrator shall notify the registrant of the receipt of the registration and assign a registration number to each food establishment and foreign food establishment. (4) List \nThe Administrator shall compile and maintain an up-to-date list of food establishments and foreign food establishments that are registered under this section. (5) Disclosure exemption \nThe disclosure requirements under section 552 of title 5, United States Code, shall not apply to— (A) the list compiled under paragraph (4); and (B) information derived from the list under paragraph (4), to the extent that it discloses the identity or location of a specific registered person. (6) Suspension of registration \n(A) In general \nThe Administrator may suspend the registration of a food establishment or foreign food establishment, including the facility of an importer, for violation of a food safety law. (B) Notice and opportunity for hearing \nThe Administrator shall provide notice to a registrant immediately upon the suspension of the registration of the facility and provide registrant with an opportunity for a hearing within 3 days of the suspension. (7) Reinstatement \nA registration that is suspended under this section may be reinstated pursuant to criteria published in the Federal Register by the Administrator.", "id": "H36D24EC4417E440AAA9326E58D60CD00", "header": "Registration of food establishments and foreign food establishments" }, { "text": "203. Preventative process controls to reduce adulteration of food \n(a) In general \nThe Administrator shall, upon the basis of best available public health, scientific, and technological data, promulgate regulations to ensure that food establishments— (1) process food in a sanitary manner; (2) limit the presence of potentially harmful contaminants in food; (3) implement appropriate measures of preventative process control to minimize and reduce the presence and growth of contaminants in food and meet the performance standards established under section 204; (4) process all fully processed or ready-to-eat food in a sanitary manner, using reasonably available techniques and technologies to eliminate any potentially harmful contaminants; and (5) label food intended for final processing outside commercial food establishments with instructions for handling and preparation for consumption that, when adhered to, will destroy contaminants. (b) Regulations \nNot later than 1 year after the effective date of this Act, the Administrator shall promulgate regulations that— (1) require all food establishments to adopt preventative process controls that are— (A) adequate to protect the public health; (B) meet relevant regulatory and food safety standards; and (C) limit the presence and growth of contaminants in food prepared in a food establishment; (2) set standards for sanitation; (3) meet any performance standards for contaminants established under section 204; (4) require recordkeeping to monitor compliance; (5) require sampling and testing at a frequency and in a manner sufficient to ensure that process controls are effective on an ongoing basis and that regulatory standards are being met; and (6) provide for agency access to records kept by food establishments and submission of copies of the records to the Administrator, as the Administrator determines appropriate. (c) Processing controls \nThe Administrator may require any person with responsibility for or control over food or food ingredients to adopt process controls, if the process controls are needed to ensure the protection of the public health.", "id": "H44555786BEC54DFA8DA1561701001651", "header": "Preventative process controls to reduce adulteration of food" }, { "text": "204. Performance standards for contaminants in food \n(a) In general \nTo protect the public health, the Administrator shall establish by regulation and enforce performance standards that define, with respect to specific food-borne contaminants and foods, the level of food safety performance that a person responsible for producing, processing, or selling food shall meet. (b) Identification of contaminants; performance standards \n(1) In general \nNot later than 6 months after the date of enactment of this Act, the Administrator shall identify the food-borne contaminants and food that contribute significantly to the risk of food-borne illness. (2) Performance standards \nAs soon as practicable after the identification of the contaminants under paragraph (1), the Administrator shall establish appropriate performance standards to protect against all food-borne contaminants. (3) Significant contaminants \nThe Administrator shall establish performance standards for the 5 most significant contaminants associated with raw meat, poultry, and seafood not later than 3 years after the date of enactment of this Act. (c) Performance standards \n(1) In general \nThe performance standards established under this section shall include— (A) health-based standards that set the level of a contaminant that can safely and lawfully be present in food; (B) zero tolerances, in addition to any zero-tolerance standards in effect on the day before the date of enactment of this Act, when necessary to protect against significant adverse health outcomes; (C) process standards, such as log reduction criteria for cooked products, when sufficient to ensure the safety of processed food; and (D) in the absence of data to support a performance standard described in subparagraph (A), (B), or (C), standards that define required performance in terms of “best reasonably achievable performance”, using best available technologies, interventions, and practices. (2) Best reasonably achievable performance standards \nIn developing best reasonably achievable performance standards, the Administrator shall collect, or contract for the collection of, data on current best practices and food safety outcomes related to the contaminants and foods in question, as the Administrator determines necessary. (3) Revocation by administrator \nAll performance standards, tolerances, action levels, or other similar standards in effect on the date of enactment of this Act shall remain in effect until revised or revoked by the Administrator. (d) Enforcement \n(1) In general \nNot later than 1 year after the promulgation of a performance standard under this section, the Administrator shall implement a sampling program to determine whether food establishments are complying with the performance standards promulgated under this section. The program established under this paragraph shall be at least as stringent as the Hazard Analysis and Critical Control Point System requirements established under part 417 of title 9, Code of Federal Regulations (or successor regulation). (2) Inspections \nIf the Administrator determines that a food establishment fails to meet a standard promulgated under this section, and such establishment fails to take appropriate corrective action as determined by the Administrator, the Administrator shall, as appropriate— (A) detain, seize, or condemn food from the food establishment under section 402; (B) order a recall of food from the food establishment under section 403; (C) increase the inspection frequency for the food establishment; (D) withdraw the mark of inspection from the food establishment, if in use; or (E) take other appropriate enforcement action concerning the food establishment. (e) Newly Identified contaminants \nNotwithstanding any other provision of this section, the Administrator shall promulgate interim performance standards for newly identified contaminants as necessary to protect the public health.", "id": "HD084C6F9D02341A18FDF975319164BB8", "header": "Performance standards for contaminants in food" }, { "text": "205. Inspections of food establishments \n(a) In general \nThe Administrator shall establish an inspection program, which shall include sampling and testing of food and food establishments, to determine if each food establishment— (1) is operating in a sanitary manner; (2) has continuous systems, interventions, and processes in place to minimize or eliminate contaminants in food; (3) is in compliance with applicable performance standards established under section 203, and other regulatory requirements; (4) is processing food that is safe for human consumption and not adulterated or misbranded; (5) maintains records of process control plans under section 203, and other records related to the processing, sampling, and handling of food; and (6) is in compliance with the requirements of the food safety law. (b) Establishment categories and inspection frequencies \nThe resource plan required under section 209, including the description of resources required to carry out inspections of food establishments, shall be based on the following categories and inspection frequencies, subject to subsections (c) and (d): (1) Category 1 food establishments \nA category 1 food establishment shall be subject to antemortem and continuous inspection of each slaughter line during all operating hours, and other inspection on a daily basis, sufficient to verify that— (A) diseased animals are not offered for slaughter; (B) the food establishment has successfully identified and removed from the slaughter line visibly defective or contaminated carcasses and destroyed or reprocessed them in a manner acceptable to the Administrator; and (C) that applicable performance standards and other provisions of the food safety law have been satisfied. (2) Category 2 food establishments \nA category 2 food establishment shall be randomly inspected at least daily. (3) Category 3 food establishments \nA category 3 food establishment shall— (A) have ongoing verification that its processes are controlled; and (B) be randomly inspected at least monthly. (4) Category 4 food establishments \nA category 4 food establishment shall be randomly inspected at least quarterly. (5) Category 5 food establishments \nA category 5 food establishment shall be randomly inspected at least annually. (c) Alternative inspection frequencies \nWith respect to a category 2, 3, 4, or 5 food establishment, the Administrator may establish alternative inspection frequencies for subcategories of food establishments or individual establishments, to foster risk-based allocation of resources, subject to the following criteria and procedures: (1) Subcategories of food establishments and their alternative inspection frequencies shall be defined by regulation, subject to paragraphs (2) and (3). (2) Regulations of alternative inspection frequencies for subcategories of food establishments under paragraph (1) and for a specific food establishment under paragraph (4) shall provide that— (A) category 2 food establishments shall be inspected at least monthly; and (B) category 3, 4, and 5 food establishments shall be inspected at least annually. (3) In defining subcategories of food establishments and their alternative inspection frequencies under paragraphs (1) and (2), the Administrator shall consider— (A) the nature of the food products being processed, stored, or transported; (B) the manner in which food products are processed, stored, or transported; (C) the inherent likelihood that the products will contribute to the risk of food-borne illness; (D) the best available evidence concerning reported illnesses associated with the foods produced in the proposed subcategory of establishments; and (E) the overall record of compliance with the food safety law among establishments in the proposed subcategory, including compliance with applicable performance standards and the frequency of recalls. (4) The Administrator may adopt alternative inspection frequencies for a specific establishment, subject to paragraphs (2) and (5) and shall periodically publish a list of establishments subject to alternative inspections. (5) In adopting alternative inspection frequencies for a specific establishment, the Administrator shall consider— (A) the criteria in paragraph (3); (B) whether products from the specific establishment have been associated with a case or an outbreak of food-borne illness; and (C) the record of the establishment of compliance with the food safety law, including compliance with applicable performance standards and the frequency of recalls. (6) Before establishing alternative inspection frequencies for subcategories of establishments or individual establishments, the Administrator shall— (A) determine, based on the best available evidence, that the alternative uses of the resources required to carry out the inspection activity would make a greater contribution to protecting the public health and reducing the risk of food-borne illness than the use of resources described in subsection (b); (B) describe the alternative uses of resources in general terms when issuing the regulation or order that establishes the alternative inspection frequency; (C) consider the supporting evidence that an individual food establishment shall submit related to whether an alternative inspection frequency should be established for such establishment by the Administrator; and (D) include a description of the alternative uses in the annual resource plan required in section 209. (d) Inspection transition \nThe Administrator shall manage the transition to the inspection system described in this Act as follows: (1) In the case of a category 1 or 2 food establishment, the Administrator shall continue to implement the applicable inspection mandates of the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ), the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), and the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) until— (A) regulations required to implement this section have been promulgated; (B) the performance standards required by section 204(c) have been promulgated and implemented for 1 year; and (C) the establishment has achieved compliance with the other applicable provisions of the food safety law. (2) In the case of a category 1 or 2 food establishment that, within 2 years after the promulgation of the performance standards required by section 204(c), has not achieved compliance with the food safety law, the Administrator shall— (A) issue an order prohibiting the establishment from operating pending a demonstration by the establishment that sufficient changes in facilities, procedures, personnel, or other aspects of the process control system have been made such that the Administrator determines that compliance with the food safety law is achieved; and (B) following the demonstration required in subparagraph (A), issue an order authorizing the food establishment to operate subject, at a minimum, to— (i) the inspection requirement applicable to the establishment under subsection (b) (1) or (2); and (ii) such other inspection or compliance measures determined by the Administrator necessary to assure compliance with the applicable food safety law. (3) In the case of a category 3 food establishment, the Administrator shall continue to implement the applicable inspection mandates of the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ), the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), and the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) until— (A) the regulations required to implement this section have been promulgated; (B) the first resource plan under section 209 has been submitted; and (C) for individual establishments, compliance with the food safety law has been demonstrated. (4) In the case of a category 3 food establishment that, within 1 year after the promulgation of the regulations required to implement this section, have not demonstrated compliance with the food safety law, the Administrator shall— (A) issue an order prohibiting the establishment from operating, pending a demonstration by the establishment that sufficient changes in facilities, procedures, personnel, or other aspects of the process control system have been made such that the Administrator determines that compliance with the food safety law is achieved; and (B) following the demonstration required in subparagraph (A), issue an order authorizing the establishment to operate subject, at a minimum, to— (i) the inspection requirement applicable to the establishment under subsection (b)(3); and (ii) such other inspection or compliance measures determined by the Administrator necessary to assure compliance with the food safety law. (5) In the case of a category 4 or 5 food establishment, the inspection requirements of this Act shall be implemented as soon as possible after— (A) the promulgation of the regulations required to implement this section; (B) the publication of the first resource plan under section 209; and (C) the commencement of the first fiscal year in which the Administration is operating with budgetary resources that Congress has appropriated following consideration of the resource plan under section 209. (e) Official mark \n(1) In general \n(A) Establishment \nBefore the completion of the transition process under paragraphs (1) through (3) of subsection (d), the Administrator shall by regulation establish an official mark that shall be affixed to a food product produced in a category 1, 2, or 3 establishment, subject to subparagraph (B). (B) Prerequisite \nThe official mark required under subparagraph (A) shall be affixed to a food product by the Administrator if the establishment has been inspected by the Administrator in accordance with the inspection frequencies under this section and the establishment is in compliance with the food safety law. (2) Category 1, 2, or 3 food establishments \nIn the case of products produced in a category 1, 2, or 3 food establishment— (A) products subject to Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ), the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ), and the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) as of the date of enactment of this Act shall remain subject to the requirement under those Acts that they bear the mark of inspection pending completion of the transition process under paragraphs (1) through (3) of subsection (d); (B) the Administrator shall publicly certify on a monthly basis that the inspection frequencies required under this Act have been achieved; and (C) a product from an establishment that has not been inspected in accordance with the required frequencies under this section shall not bear the official mark and shall not be shipped in interstate commerce. (3) Category 4 and 5 food establishments \nIn the case of a product produced in a category 4 or 5 food establishment the Administrator shall provide by regulation for the voluntary use of the official mark established under paragraph (1), subject to— (A) such minimum inspection frequencies as determined appropriate by the Administrator; (B) compliance with applicable performance standards and other provisions of the food safety law; and (C) such other requirements the Administrator considers appropriate. (f) Implementation \nNot later than 1 year after the effective date of this Act, the Administrator shall issue regulations to implement subsections (b) through (d). (g) Maintenance and inspection of records \n(1) In general \n(A) Records \nA food establishment shall— (i) maintain such records as the Administrator shall require by regulation, including all records relating to the processing, distributing, receipt, or importation of any food; and (ii) permit the Administrator, in addition to any authority of the food safety agencies in effect on the day before the date of enactment of this Act, upon presentation of appropriate credentials and at reasonable times and in a reasonable manner, to have access to and copy all records maintained by or on behalf of such food establishment representative in any format (including paper or electronic) and at any location, that are necessary to assist the Administrator— (I) to determine whether the food is contaminated or not in compliance with the food safety law; or (II) to track the food in commerce. (B) Required disclosure \nA food establishment shall have an affirmative obligation to disclose to the Administrator the results of testing or sampling of food, equipment, or material in contact with food, that is positive for any contaminant. (2) Maintenance of records \nThe records in paragraph (1) shall be maintained for a reasonable period of time, as determined by the Administrator. (3) Requirements \nThe records in paragraph (1) shall include records describing— (A) the origin, receipt, delivery, sale, movement, holding, and disposition of food or ingredients; (B) the identity and quantity of ingredients used in the food; (C) the processing of the food; (D) the results of laboratory, sanitation, or other tests performed on the food or in the food establishment; (E) consumer complaints concerning the food or packaging of the food; (F) the production codes, open date codes, and locations of food production; and (G) other matters reasonably related to whether food is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act. (h) Protection of sensitive information \n(1) In general \nThe Administrator shall develop and maintain procedures to prevent the unauthorized disclosure of any trade secret or confidential information obtained by the Administrator. (2) Limitation \nThe requirement under this subsection does not— (A) limit the authority of the Administrator to inspect or copy records or to require the establishment or maintenance of records under this Act; (B) have any legal effect on section 1905 of title 18, United States Code; (C) extend to any food recipe, financial data, pricing data, personnel data, or sales data (other than shipment dates relating to sales); or (D) limit the public disclosure of distribution records or other records related to food subject to a voluntary or mandatory recall under section 403. (i) Bribery of or gifts to inspector or other officers and acceptance of gifts \nSection 22 of the Federal Meat Inspection Act ( 21 U.S.C. 622 ) shall apply to an inspection under this Act.", "id": "H1BCE4205CAC94CF5B602B9F6382CF397", "header": "Inspections of food establishments" }, { "text": "206. Food production facilities \nIn carrying out the duties of the Administrator and the purposes of this Act, the Administrator shall have the authority, with respect to food production facilities, to— (1) visit and inspect food production facilities in the United States and in foreign countries to investigate bioterrorism threats and for other critical food safety purposes; (2) review food safety records as required to be kept by the Administrator to carry out traceback and for other critical food safety purposes; (3) set good practice standards to protect the public and animal health and promote food safety; (4) conduct monitoring and surveillance of animals, plants, products, or the environment, as appropriate; and (5) collect and maintain information relevant to public health and farm practices.", "id": "HF95BEE813C7841EF9B5CD1292990B63F", "header": "Food production facilities" }, { "text": "207. Federal and State cooperation \n(a) In general \nThe Administrator shall work with the States to carry out activities and programs that contribute to the national food safety program so that Federal and State programs function in a coordinated and cost-effective manner. (b) State action \nThe Administrator shall work with States to— (1) continue, strengthen, or establish State food safety programs, especially with respect to the regulation of retail commercial food establishments, transportation, harvesting, and fresh markets; (2) establish inspection programs and requirements to ensure that food under the jurisdiction of the State is safe for human consumption; and (3) support recall authorities at the State and local levels. (c) Assistance \nTo assist in planning, developing, and implementing a food safety program, the Administrator may provide to a State— (1) advisory assistance; (2) technical and laboratory assistance and training (including necessary materials and equipment); and (3) financial and other aid. (d) Service agreements \n(1) In general \nThe Administrator may, under agreements entered into with Federal, State, or local agencies, use on a reimbursable basis or otherwise, the personnel and services of those agencies in carrying out this Act. (2) Training \nAgreements with a State under this subsection may provide for training of State employees. (3) Maintenance of agreements \nThe Administrator shall maintain any agreement that is in effect on the day before the date of enactment of this Act until the Administrator evaluates such agreement and determines whether to maintain or substitute such agreement. (e) Audits \n(1) In general \nThe Administrator shall annually conduct a comprehensive review of each State program that provides services to the Administrator in carrying out the responsibilities under this Act, including mandated inspections under section 205. (2) Requirements \nThe review shall— (A) include a determination of the effectiveness of the State program; and (B) identify any changes necessary to ensure enforcement of Federal requirements under this Act.", "id": "H82D78FCCACBF4922A9995F4C91F27245", "header": "Federal and State cooperation" }, { "text": "208. Imports \n(a) In general \nNot later than 2 years after the effective date of this Act, the Administrator shall establish a system under which a foreign government or foreign food establishment seeking to import food to the United States shall submit a request for certification to the Administrator. (b) Certification standard \nA foreign government or foreign food establishment requesting a certification to import food to the United States shall demonstrate, in a manner determined appropriate by the Administrator, that food produced under the supervision of a foreign government or by the foreign food establishment has met standards for food safety, inspection, labeling, and consumer protection that are at least equivalent to standards applicable to food produced in the United States. (c) Certification approval \n(1) Request by foreign government \nPrior to granting the certification request of a foreign government, the Administrator shall review, audit, and certify the food safety program of a requesting foreign government (including all statutes, regulations, and inspection authority) as at least equivalent to the food safety program in the United States, as demonstrated by the foreign government. (2) Request by foreign food establishment \nPrior to granting the certification request of a foreign food establishment, the Administrator shall certify, based on an onsite inspection, the food safety programs and procedures of a requesting foreign firm as at least equivalent to the food safety programs and procedures of the United States. (d) Limitation \nA foreign government or foreign firm approved by the Administrator to import food to the United States under this section shall be certified to export only the approved food products to the United States for a period not to exceed 5 years. (e) Withdrawal of certification \nThe Administrator may withdraw certification of any food from a foreign government or foreign firm— (1) if such food is linked to an outbreak of human illness; (2) following an investigation by the Administrator that finds that the foreign government programs and procedures or foreign food establishment is no longer equivalent to the food safety programs and procedures in the United States; or (3) following a refusal to allow United States officials to conduct such audits and investigations as may be necessary to fulfill the requirements under this section. (f) Renewal of certification \nThe Administrator shall audit foreign governments and foreign food establishments at least every 5 years to ensure the continued compliance with the standards set forth in this section. (g) Required routine inspection \nThe Administrator shall routinely inspect food before it enters the United States to ensure that it is— (1) safe for human consumption; (2) labeled as required for food produced in the United States; and (3) otherwise meets requirements under the food safety law. (h) Enforcement \nThe Administrator— (1) may deny importation of food from any foreign government that does not permit United States officials to enter the foreign country to conduct such audits and inspections as may be necessary to fulfill the requirements under this section; (2) may deny importation of food from any foreign government or foreign firm that does not consent to an investigation by the Administration when food from that foreign country or foreign firm is linked to a food-borne illness outbreak or is otherwise found to be adulterated or mislabeled; and (3) is authorized to promulgate rules and regulations to carry out the purposes of this section, including setting terms and conditions for the destruction of products that fail to meet the standards of this Act. (i) Detention and seizure \nAny food imported for consumption in the United States may be detained, seized, or condemned pursuant to section 402.", "id": "HF1D67C057FD2473E80619C5BE03F2C37", "header": "Imports" }, { "text": "209. Resource plan \n(a) In general \nThe Administrator shall prepare and update annually a resource plan describing the resources required, in the best professional judgment of the Administrator, to develop and fully implement the national food safety program established under this Act. (b) Contents of plan \nThe resource plan shall— (1) describe quantitatively the personnel, financial, and other resources required to carry out the inspection of food establishments under section 205 and other requirements of the national food safety program; (2) allocate inspection resources in a manner reflecting the distribution of risk and opportunities to reduce risk across the food supply to the extent feasible based on the best available information, and subject to section 205; and (3) describe the personnel, facilities, equipment, and other resources needed to carry out inspection and other oversight activities, at a total resource level equal to at least 50 percent of the resources required to carry out inspections in food establishments under section 205— (A) in foreign establishments; (B) at the point of importation; and (C) at the point of production on farms, ranches, and feedlots. (c) Grants \nThe resource plan shall include recommendations for funding to provide grants to States and local governments to carry out food safety activities in retail and food service facilities and the required inspections in food establishments. (d) Submission of plan \nThe Administrator shall submit annually to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and other relevant committees of Congress, the resource plan required under this section.", "id": "H20910BA51E174EE8A1EC5B8FC0000030", "header": "Resource plan" }, { "text": "210. Traceback \n(a) In general \nThe Administrator, in order to protect the public health, shall establish requirements for tracing food and food producing animals from point of origin to retail sale, subject to subsection (b). (b) Applicability \nTraceability requirements shall— (1) be established in accordance with regulations and guidelines issued by the Administrator; and (2) apply to food production facilities and food establishments. (c) Relationship to country of origin labeling \nNothing contained in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 et seq. ).", "id": "HB56547FB09EC4EAD87EDD8E852409370", "header": "Traceback" }, { "text": "301. Public health assessment system \n(a) In general \nThe Administrator, acting in coordination with the Director of the Centers for Disease Control and Prevention and with the Research Education and Economics mission area of the Department of Agriculture, shall— (1) have access to the applicable data systems of the Centers for Disease Control and Prevention; (2) maintain an active surveillance system of food, food products, and epidemiological evidence submitted by States to the Centers for Disease Control and Prevention based on a representative proportion of the population of the United States; (3) assess the frequency and sources of human illness in the United States associated with the consumption of food; and (4) maintain a state-of-the-art DNA matching system and epidemiological system dedicated to food-borne illness identification, outbreaks, and containment. (b) Public health sampling \n(1) In general \nNot later than 1 year after the effective date of this Act, the Administrator shall establish guidelines for a sampling system under which the Administrator shall take and analyze samples of food— (A) to assist the Administrator in carrying out this Act; and (B) to assess the nature, frequency of occurrence, and quantities of contaminants in food. (2) Requirements \nThe sampling system described in paragraph (1) shall provide— (A) statistically valid monitoring, including market-based studies, on the nature, frequency of occurrence, and quantities of contaminants in food available to consumers; and (B) at the request of the Administrator, such other information, including analysis of monitoring and verification samples, as the Administrator determines may be useful in assessing the occurrence of contaminants in food. (c) Assessment of health hazards \n(1) In general \nThrough the surveillance system referred to in subsection (a) and the sampling system described in subsection (b), the Administrator shall— (A) rank food categories based on the hazard to human health presented by the food category; (B) identify appropriate industry and regulatory approaches to minimize hazards in the food supply; and (C) assess the public health environment for emerging diseases, including zoonosis, for their risk of appearance in the United States food supply. (2) Components of analysis \nThe analysis under subsection (b)(1) may include— (A) a comparison of the safety of commercial processing with the health hazards associated with food that is harvested for recreational or subsistence purposes and prepared noncommercially; (B) a comparison of the safety of food that is domestically processed with the health hazards associated with food that is processed outside the United States; (C) a description of contamination originating from handling practices that occur prior to or after the sale of food to consumers; and (D) use of comparative risk assessments.", "id": "H2F98066E30414FDBAAFB1210734709C", "header": "Public health assessment system" }, { "text": "302. Public education and advisory system \n(a) Public education \n(1) In general \nThe Administrator, in cooperation with private and public organizations, including the cooperative extension services and appropriate State and local entities, shall establish a national public education program on food safety. (2) Requirements \nThe program shall provide— (A) information to the public regarding Federal standards and best practices and promotion of public awareness, understanding, and acceptance of those standards and practices; (B) information for health professionals— (i) to improve diagnosis and treatment of food-related illness; and (ii) to advise individuals at special risk for food-related illnesses; and (C) such other information or advice to consumers and other persons as the Administrator determines will promote the purposes of this Act. (b) Health advisories \nThe Administrator, in consultation with other Federal departments and agencies as the Administrator determines necessary, shall work with the States and other appropriate entities— (1) to develop and distribute regional and national advisories concerning food safety; (2) to develop standardized formats for written and broadcast advisories; (3) to incorporate State and local advisories into the national public education program established under subsection (a); and (4) to present prompt, specific information regarding foods found to pose a threat to the public health.", "id": "H4632C2819F454EBCB6944F8500CC4117", "header": "Public education and advisory system" }, { "text": "303. Research \n(a) In general \nThe Administrator shall conduct research to carry out this Act, including studies— (1) to improve sanitation and food safety practices in the processing of food; (2) to develop improved techniques to monitor and inspect food; (3) to develop efficient, rapid, and sensitive methods to detect contaminants in food; (4) to determine the sources of contamination of contaminated food; (5) to develop food consumption data; (6) to identify ways that animal production techniques could improve the safety of the food supply; and (7) to conduct other research that supports the purposes of this Act. (b) Contract authority \nThe Administrator may enter into contracts and agreements with any State, university, Federal Government agency, or person to carry out this section.", "id": "HF8AF0075BD2944DB8847D7D704BDCF8C", "header": "Research" }, { "text": "401. Prohibited acts \nIt is prohibited— (1) to manufacture, introduce, deliver for introduction, or receive into interstate commerce any food that is adulterated, misbranded, or otherwise unsafe for human consumption; (2) to adulterate or misbrand any food in interstate commerce; (3) for a food establishment or foreign food establishment to fail to register under section 202, or to operate without a valid registration; (4) to refuse to permit access to a food establishment for the inspection and copying of a record as required under section 205(g); (5) to fail to establish or maintain any record or to make any report as required under section 205(g); (6) to refuse to permit entry to or inspection of a food establishment as required under section 205; (7) to fail to provide to the Administrator the results of a testing or sampling of a food, equipment, or material in contact with contaminated food under section 205(h); (8) to fail to comply with a provision, regulation, or order of the Administrator under section 202, 203, 204, or 208; (9) to slaughter an animal that is capable for use in whole or in part as human food at a food establishment processing any such food for commerce, except in compliance with the food safety law; (10) to transfer food in violation of an administrative detention order under section 402 or to remove or alter a required mark or label identifying the food as detained; (11) to fail to comply with a recall or other order under section 403; or (12) to otherwise violate the food safety law.", "id": "H041D87760D044D2288B720161FE45996", "header": "Prohibited acts" }, { "text": "402. Food detention, seizure, and condemnation \n(a) Administrative detention of food \n(1) Expanded authority \nThe Administrator shall have authority under section 304 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334 ) to administratively detain and seize any food that the Administrator has reason to believe is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of the food safety law. (2) Detention authority \nIf, during an inspection conducted in accordance with section 205 or 208, an officer, employee, or agent of the Administration making the inspection has reason to believe that a domestic food, imported food, or food offered for import is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act, the officer or employee may order the food detained. (3) Period of detention \n(A) In general \nA food may be detained for a reasonable period, not to exceed 20 days, unless a longer period, not to exceed 30 days, is necessary for the Administrator to institute a seizure action. (B) Perishable food \nThe Administrator shall provide by regulation for procedures to institute a seizure action on an expedited basis with respect to perishable food. (4) Security of detained food \n(A) In general \nA detention order— (i) may require that the food be labeled or marked as detained; and (ii) shall require that the food be removed to a secure facility, if appropriate. (B) Food subject to an order \nA food subject to a detention order shall not be transferred by any person from the place at which the food is removed, until released by the Administrator or until the expiration of the detention period applicable under the order, whichever occurs first. (C) Delivery of food \nThis subsection does not authorize the delivery of a food in accordance with execution of a bond while the article is subject to the order. (b) Appeal of detention order \n(1) In general \nA person who would be entitled to be a claimant for a food subject to a detention order if the food were seized under section 304 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334 ), may appeal the order to the Administrator. (2) Action by the Administrator \nNot later than 5 days after an appeal is filed under paragraph (1), the Administrator, after providing an opportunity for an informal hearing, shall confirm, modify, or terminate the order involved. (3) Final agency action \nConfirmation, modification, or termination by the Administrator under paragraph (2) shall be considered a final agency action for purposes of section 702 of title 5, United States Code. (4) Termination \nThe order shall be considered to be terminated if, after 5 days, the Administrator has failed— (A) to provide an opportunity for an informal hearing; or (B) to confirm, modify, or terminate the order. (5) Effect of instituting court action \nIf the Administrator initiates an action under section 302 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 332 ) or section 304(a) of that Act ( 21 U.S.C. 334(a) ), the process for the appeal of the detention order shall terminate. (c) Condemnation of food \n(1) In general \nAfter confirming a detention order, the Administrator may order the food condemned. (2) Destruction of food \nAny food condemned shall be destroyed under the supervision of the Administrator. (3) Release of food \nIf the Administrator determines that, through reprocessing, relabeling, or other action, a detained food can be brought into compliance with this Act, the food may be released following a determination by the Administrator that the relabeling or other action as specified by the Administrator has been performed. (d) Temporary holds at ports of entry \n(1) In general \nIf an officer or qualified employee of the Administration has reason to believe that a food is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act, and the officer or qualified employee is unable to inspect, examine, or investigate the food when the food is offered for import at a port of entry into the United States, the officer or qualified employee shall request the Secretary of Homeland Security to hold the food at the port of entry for a reasonable period of time, not to exceed 24 hours, to enable the Administrator to inspect or investigate the food as appropriate. (2) Removal to secure facility \nThe Administrator shall work in coordination with the Secretary of Homeland Security to remove a food held in accordance with paragraph (1) to a secure facility as appropriate. (3) Prohibition on transfer \nDuring the period in which the food is held, the food shall not be transferred by any person from the port of entry into the United States, or from the secure facility to which the food has been removed. (4) Delivery in accordance with a bond \nThe delivery of the food in accordance with the execution of a bond while the food is held is not authorized.", "id": "H5D3080E91B954819AE9EF3C7C7DDC5C", "header": "Food detention, seizure, and condemnation" }, { "text": "403. Notification and recall \n(a) Notice to Administrator of violation \n(1) In general \nA person (other than a household consumer or other individual who is the intended consumer of a food) that has reason to believe that any food introduced into or in interstate commerce, or held for sale (whether or not the first sale) after shipment in interstate commerce, may be in violation of the food safety law shall immediately notify the Administrator of the identity and location of the food. (2) Manner of notification \nNotification under paragraph (1) shall be made in such manner and by such means as the Administrator may require by regulation. (b) Recall and consumer notification \n(1) Voluntary actions \nIf the Administrator determines that food is in violation of the food safety law when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce and that there is a reasonable probability that the food, if consumed, would present a threat to public health, as determined by the Administrator, the Administrator shall give the appropriate persons (including the manufacturers, importers, distributors, or retailers of the food) an opportunity to— (A) cease distribution of the food; (B) notify all persons— (i) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or (ii) to which the food has been distributed, transported, or sold, to immediately cease distribution of the food; (C) recall the food; (D) in conjunction with the Administrator, provide notice of the finding of the Administrator— (i) to consumers to whom the food was, or may have been, distributed; and (ii) to State and local public health officials; or (E) take any combination of the measures described in this paragraph, as determined by the Administrator to be appropriate in the circumstances. (2) Mandatory actions \nIf a person referred to in paragraph (1) refuses to or does not adequately carry out the actions described in that paragraph within the time period and in the manner prescribed by the Administrator, the Administrator shall— (A) have authority to control and possess the food, including ordering the shipment of the food from the food establishment to the Administrator— (i) at the expense of the food establishment; or (ii) in an emergency (as determined by the Administrator), at the expense of the Administration; and (B) by order, require, as the Administrator determines to be necessary, the person to immediately— (i) cease distribution of the food; and (ii) notify all persons— (I) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or (II) if the food has been distributed, transported, or sold, to immediately cease distribution of the food. (3) Notification to consumers by Administrator \nThe Administrator shall, as the Administrator determines to be necessary, provide notice of the finding of the Administrator under paragraph (1)— (A) to consumers to whom the food was, or may have been, distributed; and (B) to State and local public health officials. (4) Nondistribution by notified persons \nA person that processes, distributes, or otherwise handles the food, or to which the food has been distributed, transported, or sold, and that is notified under paragraph (1)(B) or (2)(B) shall immediately cease distribution of the food. (5) Availability of records to Administrator \nEach person referred to in paragraph (1) that processed, distributed, or otherwise handled food shall make available to the Administrator information necessary to carry out this subsection, as determined by the Administrator, regarding— (A) persons that processed, distributed, or otherwise handled the food; and (B) persons to which the food has been transported, sold, distributed, or otherwise handled. (c) Informal hearings on orders \n(1) In general \nThe Administrator shall provide any person subject to an order under subsection (b) with an opportunity for an informal hearing, to be held as soon as practicable but not later than 2 business days after the issuance of the order. (2) Scope of the hearing \nIn a hearing under paragraph (1), the Administrator shall consider the actions required by the order and any reasons why the food that is the subject of the order should not be recalled. (d) Post-Hearing recall orders \n(1) Amendment of order \nIf, after providing an opportunity for an informal hearing under subsection (c), the Administrator determines that there is a reasonable probability that the food that is the subject of an order under subsection (b), if consumed, would present a threat to the public health, the Administrator, as the Administrator determines to be necessary, may— (A) amend the order to require recall of the food or other appropriate action; (B) specify a timetable in which the recall shall occur; (C) require periodic reports to the Administrator describing the progress of the recall; and (D) provide notice of the recall to consumers to whom the food was, or may have been, distributed. (2) Vacation of orders \nIf, after providing an opportunity for an informal hearing under subsection (c), the Administrator determines that adequate grounds do not exist to continue the actions required by the order, the Administrator shall vacate the order. (e) Remedies not exclusive \nThe remedies provided in this section shall be in addition to, and not exclusive of, other remedies that may be available.", "id": "H7A10E72D1ED547E4A89D7476EEF36C6E", "header": "Notification and recall" }, { "text": "404. Injunction proceedings \n(a) Jurisdiction \nThe district courts of the United States, and the United States courts of the territories and possessions of the United States, shall have jurisdiction, for cause shown, to restrain a violation of section 202, 203, 204, 207, or 401 (or a regulation promulgated under that section). (b) Trial \nIn a case in which violation of an injunction or restraining order issued under this section also constitutes a violation of the food safety law, trial shall be by the court or, upon demand of the accused, by a jury.", "id": "H9E8A4BF3940D4A5CA0003113D3C017B1", "header": "Injunction proceedings" }, { "text": "405. Civil and criminal penalties \n(a) Civil sanctions \n(1) Civil penalty \n(A) In general \nAny person that commits an act that violates the food safety law (including a regulation promulgated or order issued under a Federal food safety law) may be assessed a civil penalty by the Administrator of not more than $10,000 for each such act. (B) Separate offense \nEach act described in subparagraph (A) and each day during which that act continues shall be considered a separate offense. (2) Other requirements \n(A) Written order \nThe civil penalty described in paragraph (1) shall be assessed by the Administrator by a written order, which shall specify the amount of the penalty and the basis for the penalty under subparagraph (B) considered by the Administrator. (B) Amount of penalty \nSubject to paragraph (1)(A), the amount of the civil penalty shall be determined by the Administrator, after considering— (i) the gravity of the violation; (ii) the degree of culpability of the person; (iii) the size and type of the business of the person; and (iv) any history of prior offenses by the person under the food safety law. (C) Review of order \nThe order may be reviewed only in accordance with subsection (c). (b) Criminal sanctions \n(1) In general \nExcept as provided in paragraphs (2) and (3), a person that knowingly produces or introduces into commerce food that is unsafe for human consumption or otherwise adulterated or misbranded shall be imprisoned for not more than 1 year or fined not more than $10,000, or both. (2) Severe violations \nA person that commits a violation described in paragraph (1) after a conviction of that person under this section has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 3 years or fined not more than $100,000, or both. (3) Exception \nNo person shall be subject to the penalties of this subsection— (A) for having received, proffered, or delivered in interstate commerce any food, if the receipt, proffer, or delivery was made in good faith, unless that person refuses to furnish (on request of an officer or employee designated by the Administrator)— (i) the name, address and contact information of the person from whom that person purchased or received the food; (ii) copies of all documents relating to the person from whom that person purchased or received the food; and (iii) copies of all documents pertaining to the delivery of the food to that person; or (B) if that person establishes a guaranty signed by, and containing the name and address of, the person from whom that person received in good faith the food, stating that the food is not adulterated or misbranded within the meaning of this Act. (c) Judicial review \n(1) In general \nAn order assessing a civil penalty under subsection (a) shall be a final order unless the person— (A) not later than 30 days after the effective date of the order, files a petition for judicial review of the order in the United States court of appeals for the circuit in which that person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia; and (B) simultaneously serves a copy of the petition by certified mail to the Administrator. (2) Filing of record \nNot later than 45 days after the service of a copy of the petition under paragraph (1)(B), the Administrator shall file in the court a certified copy of the administrative record upon which the order was issued. (3) Standard of review \nThe findings of the Administrator relating to the order shall be set aside only if found to be unsupported by substantial evidence on the record as a whole. (d) Collection actions for failure To pay \n(1) In general \nIf any person fails to pay a civil penalty assessed under subsection (a) after the order assessing the penalty has become a final order, or after the court of appeals described in subsection (b) has entered final judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General, who shall institute in a United States district court of competent jurisdiction a civil action to recover the amount assessed. (2) Limitation on review \nIn a civil action under paragraph (1), the validity and appropriateness of the order of the Administrator assessing the civil penalty shall not be subject to judicial review. (e) Penalties paid into account \nThe Administrator— (1) shall deposit penalties collected under this section in an account in the Treasury; and (2) may use the funds in the account, without further appropriation or fiscal year limitation— (A) to carry out enforcement activities under food safety law; or (B) to provide assistance to States to inspect retail commercial food establishments or other food or firms under the jurisdiction of State food safety programs. (f) Discretion of the Administrator to prosecute \nNothing in this Act requires the Administrator to report for prosecution, or for the commencement of an action, the violation of the food safety law in a case in which the Administrator finds that the public interest will be adequately served by the assessment of a civil penalty under this section. (g) Remedies not exclusive \nThe remedies provided in this section may be in addition to, and not exclusive of, other remedies that may be available.", "id": "H6C49DC14F5DB46D9ACE0C18C08CA4D", "header": "Civil and criminal penalties" }, { "text": "406. Presumption \nIn any action to enforce the requirements of the food safety law, the connection with interstate commerce required for jurisdiction shall be presumed to exist.", "id": "HD4163C05A2714A45BA2E0147E83330D1", "header": "Presumption" }, { "text": "407. Whistleblower protection \n(a) In general \nNo employee or inspector of a food establishment or other person may be harassed, prosecuted, held liable, or discriminated against in any way because that person— (1) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to assist or participate in any manner in a proceeding or other action, to carry out the objectives, functions, or responsibilities specified in the food safety law; or (2) is refusing to violate or assist in the violation of a law described in paragraph (1), including a regulation issued under that law. (b) Procedures \n(1) In general \nA person alleging a violation of subsection (a) may file a complaint in accordance with section 31105(b) of title 49, United States Code. (2) Administration \nExcept as provided in paragraphs (3) and (4), the process, procedures, and remedies under subsections (b), (c), and (d) of section 31105 of title 49, United States Code, with respect to allegations of violations of subsection (a) of that section shall be the process, procedures, and remedies that apply with respect to allegations of violations of subsection (a). (3) Alternative process \nThe person filing a complaint under paragraph (1) may elect to use an alternative dispute resolution procedure, including mediation or arbitration, in lieu of the hearing described in section 31105(b) of title 49, United States Code. (4) Administrator \nThe powers and duties that apply to the Secretary of Labor under section 31105 of title 49, United States Code, shall apply to the Administrator under the food safety law. (c) Burdens of proof \nThe legal burdens of proof with respect to a violation of subsection (a) shall be governed by the applicable provisions of sections 1214 and 1221 of title 5, United States Code.", "id": "H2C07BADB5C7F404495B3C0F2D0854E61", "header": "Whistleblower protection" }, { "text": "408. Administration and enforcement \n(a) In general \nFor the efficient administration and enforcement of the food safety law, the provisions (including provisions relating to penalties) of sections 6, 8, 9, and 10 of the Federal Trade Commission Act ( 15 U.S.C. 46 , 48, 49, and 50) (except subsections (c) through (h) of section 6 of that Act), relating to the jurisdiction, powers, and duties of the Federal Trade Commission and the Attorney General to administer and enforce that Act, and to the rights and duties of persons with respect to whom the powers are exercised, shall apply to the jurisdiction, powers, and duties of the Administrator and the Attorney General in administering and enforcing the provisions of the food safety law and to the rights and duties of persons with respect to whom the powers are exercised, respectively. (b) Inquiries and actions \n(1) In general \nThe Administrator, in person or by such agents as the Administrator may designate, may prosecute any inquiry necessary to carry out the duties of the Administrator under the food safety law in any part of the United States. (2) Powers \nThe powers conferred by sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49 and 50) on the United States district courts may be exercised for the purposes of this chapter by any United States district court of competent jurisdiction.", "id": "H0B2F789062BE40D7BBC76D513CF6337F", "header": "Administration and enforcement" }, { "text": "409. Citizen civil actions \n(a) Civil actions \nA person may commence a civil action against— (1) a person that violates a regulation (including a regulation establishing a performance standard), order, or other action of the Administrator to ensure the safety of food; or (2) the Administrator (in his or her capacity as the Administrator), if the Administrator fails to perform an act or duty to ensure the safety of food that is not discretionary under the food safety law. (b) Court \n(1) In general \nThe action shall be commenced in the United States district court for the district in which the defendant resides, is found, or has an agent. (2) Jurisdiction \nThe court shall have jurisdiction, without regard to the amount in controversy, or the citizenship of the parties, to enforce a regulation (including a regulation establishing a performance standard), order, or other action of the Administrator, or to order the Administrator to perform the act or duty. (3) Damages \nThe court may— (A) award damages, in the amount of damages actually sustained; and (B) if the court determines it to be in the interest of justice, award the plaintiff the costs of suit, including reasonable attorney’s fees, reasonable expert witness fees, and penalties. (c) Remedies not exclusive \nThe remedies provided for in this section shall be in addition to, and not exclusive of, other remedies that may be available.", "id": "H04838FA423634DEB9DE7507025F9F763", "header": "Citizen civil actions" }, { "text": "501. Definition \nFor purposes of this title, the term transition period means the 12-month period beginning on the effective date of this Act.", "id": "HD63906CA240C48F2A08E2D8BE2B655ED", "header": "Definition" }, { "text": "502. Reorganization plan \n(a) Submission of plan \nNot later than 180 days after the effective date of this Act, the President shall transmit to the appropriate congressional committees a reorganization plan regarding the following: (1) The transfer of agencies, personnel, assets, and obligations to the Administration pursuant to this Act. (2) Any consolidation, reorganization, or streamlining of agencies transferred to the Administration pursuant to this Act. (b) Plan elements \nThe plan transmitted under subsection (a) shall contain, consistent with this Act, such elements as the President determines appropriate, including the following: (1) Identification of any functions of agencies designated to be transferred to the Administration pursuant to this Act that will not be transferred to the Administration under the plan. (2) Specification of the steps to be taken by the Administrator to organize the Administration, including the delegation or assignment of functions transferred to the Administration among the officers of the Administration in order to permit the Administration to carry out the functions transferred under the plan. (3) Specification of the funds available to each agency that will be transferred to the Administration as a result of transfers under the plan. (4) Specification of the proposed allocations within the Administration of unexpended funds transferred in connection with transfers under the plan. (5) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of agencies transferred under the plan. (6) Specification of the proposed allocations within the Administration of the functions of the agencies and subdivisions that are not related directly to ensuring the safety of food intended for human consumption. (c) Modification of plan \nThe President may, on the basis of consultations with the appropriate congressional committees, modify, or revise any part of the plan until that part of the plan becomes effective in accordance with subsection (d). (d) Effective date \n(1) In general \nThe reorganization plan described in this section, including any modifications or revisions of the plan under subsection (c), shall become effective for an agency on the earlier of— (A) the date specified in the plan (or the plan as modified pursuant to subsection (c)), except that such date may not be earlier than 90 days after the date the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a); or (B) the end of the transition period. (2) Statutory construction \nNothing in this subsection may be construed to require the transfer of functions, personnel, records, balances of appropriations, or other assets of an agency on a single date. (3) Supercedes existing law \nParagraph (1) shall apply notwithstanding section 905(b) of title 5, United States Code.", "id": "H1203D556E31F4DA7979FA9DAB256CB8", "header": "Reorganization plan" }, { "text": "503. Transitional authorities \n(a) Provision of assistance by officials \nUntil the transfer of an agency to the Administration, any official having authority over or function relating to the agency immediately before the effective date of this Act shall provide the Administrator such assistance, including the use of personnel and assets, as the Administrator may request in preparing for the transfer and integration of the agency to the Administration. (b) Services and personnel \nDuring the transition period, upon the request of the Administrator, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to assist with the transition. (c) Acting officials \n(1) In general \nDuring the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this Act to be appointed by and with such advice and consent, the President may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer immediately before the effective date of this Act (and who continues to be in office) or immediately before such designation, to act in such office until the same is filled as provided in this Act. (2) Compensation \nWhile acting pursuant to paragraph (1), such officers shall receive compensation at the higher of— (A) the rates provided by this Act for the respective offices in which they act; or (B) the rates provided for the offices held at the time of designation. (3) Limitation \nNothing in this Act shall be construed to require the advice and consent of the Senate to the appointment by the President to a position in the Administration of any officer whose agency is transferred to the Administration pursuant to this Act and whose duties following such transfer are germane to those performed before such transfer. (d) Transfer of personnel, assets, obligations, and function \n(1) In general \nConsistent with section 1531 of title 31, United States Code, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds that relate to the functions transferred under subsection (a) from a Federal agency shall be transferred to the Administration. (2) Unexpended funds \nUnexpended funds transferred under this subsection shall be used by the Administration only for the purposes for which the funds were originally authorized and appropriated.", "id": "HF1CD878922EF4DADA66FBDE439E157D5", "header": "Transitional authorities" }, { "text": "504. Savings provisions \n(a) Completed administrative actions \nThe enactment of this Act or the transfer of functions under this Act shall not affect any order, determination, rule, regulation, permit, personnel action, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action issued, made, granted, or otherwise in effect or final with respect to that agency on the day before the transfer date with respect to the transferred functions (b) Pending proceedings \nSubject to the authority of the Administrator under this Act— (1) pending proceedings in an agency, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of the agency to the Administration, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner on the same terms as if this Act had not been enacted or the agency had not been transferred, and any such order shall continue in effect until amended, modified, superceded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (c) Pending civil actions \nSubject to the authority of the Administrator under this Act, any civil action commenced with regard to that agency pending before that agency on the day before the transfer date with respect to the transferred functions shall continue notwithstanding the enactment of this Act or the transfer of an agency to the Administration. (d) References \n(1) In general \nAfter the transfer of functions from a Federal agency under this Act, any reference in any other Federal law, Executive order, rule, regulation, directive, document, or other material to that Federal agency or the head of that agency in connection with the administration or enforcement of the food safety laws shall be deemed to be a reference to the Administration or the Administrator, respectively. (2) Statutory reporting requirements \nStatutory reporting requirements that applied in relation to such an agency immediately before the effective date of this Act shall continue to apply following such transfer if they refer to the agency by name.", "id": "H68B296493B684A9800067983B7518FD", "header": "Savings provisions" }, { "text": "505. Conforming amendments \n(a) Executive schedule \nSection 5313 of title 5, United States Code, is amended by inserting at the end the following new item: Administrator of Food Safety.. (b) Repeal of certain provisions \nSection 18 of the Poultry Products Inspection Act ( 21 U.S.C. 467 ), section 401 of the Federal Meat Inspection Act ( 21 U.S.C. 671 ), and section 18 of the Egg Products Inspection Act ( 21 U.S.C. 1047 ) are repealed.", "id": "H5A80CDA6D7CD4A8EAF00849180B797E2", "header": "Conforming amendments" }, { "text": "506. Additional technical and conforming amendments \nNot later than 60 days after the submission of the reorganization plan under section 502, the President shall prepare and submit proposed legislation to Congress containing necessary and appropriate technical and conforming amendments to the Acts listed in section 3(15) of this Act to reflect the changes made by this Act.", "id": "HBA503676B18A4504956506718DEC8198", "header": "Additional technical and conforming amendments" }, { "text": "507. Regulations \nThe Administrator may promulgate such regulations as the Administrator determines are necessary or appropriate to perform the duties of the Administrator.", "id": "H9625145F99EF49F4B88D93D4D708EA4E", "header": "Regulations" }, { "text": "508. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.", "id": "H13FF7B77FB424D278B70620032BA25D7", "header": "Authorization of appropriations" }, { "text": "509. Limitation on authorization of appropriations \nFor the fiscal year that includes the effective date of this Act, the amount authorized to be appropriated to carry out this Act shall not exceed— (1) the amount appropriated for that fiscal year for the Federal agencies identified in section 102(b) for the purpose of administering or enforcing the food safety law; or (2) the amount appropriated for those agencies for that purpose for the preceding fiscal year, if, as of the effective date of this Act, appropriations for those agencies for the fiscal year that includes the effective date have not yet been made.", "id": "HA0B09D7B82D443EAB0451400E774AB7E", "header": "Limitation on authorization of appropriations" }, { "text": "510. Effective date \nThis Act takes effect on the date of enactment of this Act.", "id": "HEBA33088A9724908B785F905E1968037", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Justice and Understanding By IMF Loan Elimination and Equity Act of 2004 or the JUBILEE Act of 2004.", "id": "H9C865C85ADD44BCBA413DD0314235D1B", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that debts owed by these countries to the IMF be cancelled.", "id": "H8A558D0911FD4C6284BF9F274FA161E5", "header": "Findings" }, { "text": "3. Cancellation of debt owed to the IMF by eligible poor countries \nTitle XVI of the International Financial Institutions Act (22 U.S.C. 262p–262p–8) is amended by adding at the end the following: 1626. Cancellation of debt owed to the IMF by eligible poor countries \n(a) In general \n(1) Cancellation of debt \nIn order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: (A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF ). (B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country’s application for debt cancellation. (C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. (2) Prohibition of privilege for imf credit \nIn order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. (3) Establishment of framework for creditor transparency \nIn order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))— (A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and (B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. (4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors \nThe Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. (5) Report from the comptroller general \nWithin 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. (6) Annual reports from the President \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. (b) Promotion of equitable burden sharing \nIn order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. (c) Eligible poor country defined \nIn this section, the term eligible poor country means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if— (1) the government of the country has an excessive level of military expenditures; (2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (3) the government of the country is failing to cooperate on international narcotics control matters; (4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or (5) in the case of Haiti, the government of the country has not been elected through free and fair elections..", "id": "HC36922689194495A80B1F1ABCECDCC00", "header": "Cancellation of debt owed to the IMF by eligible poor countries" }, { "text": "1626. Cancellation of debt owed to the IMF by eligible poor countries \n(a) In general \n(1) Cancellation of debt \nIn order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: (A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF ). (B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country’s application for debt cancellation. (C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. (2) Prohibition of privilege for imf credit \nIn order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. (3) Establishment of framework for creditor transparency \nIn order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))— (A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and (B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. (4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors \nThe Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. (5) Report from the comptroller general \nWithin 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. (6) Annual reports from the President \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. (b) Promotion of equitable burden sharing \nIn order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. (c) Eligible poor country defined \nIn this section, the term eligible poor country means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if— (1) the government of the country has an excessive level of military expenditures; (2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (3) the government of the country is failing to cooperate on international narcotics control matters; (4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or (5) in the case of Haiti, the government of the country has not been elected through free and fair elections.", "id": "H57C9739502D041189D13CA5EC3873E57", "header": "Cancellation of debt owed to the IMF by eligible poor countries" }, { "text": "4. Prohibition of structural adjustment programs \nTitle XVI of the International Financial Institutions Act (22 U.S.C. 262p–262p–8) is further amended by adding at the end the following: 1627. Prohibition of structural adjustment programs \n(a) Prohibition of structural adjustment conditions \nIn order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that— (1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; (2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; (3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through— (A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; (B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; (C) reduced government ability to regulate; or (D) mandated privatization of water; or (4) undermines workers’ ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 ( 22 U.S.C. 262p–4p ). (b) Annual reports to the Congress \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year..", "id": "H3EBE84B400234D5AB920902138E231B1", "header": "Prohibition of structural adjustment programs" }, { "text": "1627. Prohibition of structural adjustment programs", "id": "HD1C4A4E3BB834354B7355EFC22339865", "header": "Prohibition of structural adjustment programs" }, { "text": "5. Conditional ban on providing funds to the IMF \n(a) In General \nNone of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund (IMF) unless— (1) the IMF has cancelled all debts owed to it by eligible poor countries as described in section 1626(a)(1) of the International Financial Institutions Act; (2) the IMF has terminated its involvement in the Poverty Reduction and Growth Facility and any other program to condition debt relief on implementation of structural adjustment; and (3) the Secretary of the Treasury has certified to the Congress that the conditions referred to in paragraphs (1) and (2) of this subsection have been met. (b) Limitation \nSubsection (a) shall not apply to any funds appropriated to provide debt relief to poor countries.", "id": "H5F832F4B1F734B17BFC448DFA0B62277", "header": "Conditional ban on providing funds to the IMF" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Patriotic Employer Act of 2004.", "id": "H7EAB75E5429E44D3A015CB655273B30", "header": "Short title" }, { "text": "2. Requirement for employers to post notice of rights and duties under USERRA \n(a) Notice \nChapter 43 of title 38, United States Code, is amended by adding at the end the following new section: 4334. Notice of rights and duties \n(a) Requirement to post notice \nEach employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice \nThe Secretary shall provide to employers the text of the notice to be provided under this section.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4334. Notice of rights and duties. (c) Implementation \n(1) Not later than the date that is 90 days after the date of the enactment of this Act, the Secretary of Labor shall make available to employers the notice required under section 4334 of title 38, United States Code, as added by subsection (a). (2) The amendments made by this section shall apply to employers under chapter 43 of such title on and after the first date referred to in paragraph (1).", "id": "H228C6CA572434C2893702BC64553B100", "header": "Requirement for employers to post notice of rights and duties under USERRA" }, { "text": "4334. Notice of rights and duties \n(a) Requirement to post notice \nEach employer shall post in a conspicuous place in the place of employment for persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. (b) Content of notice \nThe Secretary shall provide to employers the text of the notice to be provided under this section.", "id": "HE300485746884AD9991CF174B895B60", "header": "Notice of rights and duties" } ]

[ { "text": "1. Indemnification extension \nSection 70113(f) of title 49, United States Code, is amended by striking December 31, 2004. and inserting December 31, 2009..", "id": "H2855088F670F4ECAA9A7010023828592", "header": "Indemnification extension" }, { "text": "2. Study \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an arrangement with a nonprofit entity for the conduct of an independent comprehensive study of the liability risk sharing regime in the United States for commercial space transportation under section 70113 of title 49, United States Code. To ensure that Congress has a full analysis of the liability risk sharing regime, the study shall assess methods by which the current system could be eliminated, including an estimate of the time required to implement each of the methods assessed. The study shall assess whether any alternative steps would be needed to maintain a viable and competitive United States space transportation industry if the current regime were eliminated. In conducting the assessment under this section, input from commercial space transportation insurance experts shall be sought. The study also shall examine liability risk sharing in other nations with commercial launch capability and evaluate the direct and indirect impact that ending this regime would have on the competitiveness of the United States commercial space launch industry in relation to foreign commercial launch providers and on United States assured access to space.", "id": "H068ED87DA33D4B82BB8E41245DC6F9D2", "header": "Study" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Sober Truth on Preventing Underage Drinking Act , or the STOP Underage Drinking Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings Sec. 3. Definitions Title I—Sense of Congress Sec. 101. Sense of Congress Title II—Interagency coordinating committee; annual report card Sec. 201. Establishment of interagency coordinating committee to prevent underage drinking Sec. 202. Annual report card Sec. 203. Authorization of appropriations Title III—National media campaign Sec. 301. National media campaign to prevent underage drinking Title IV—Interventions Sec. 401. Community-based coalition enhancement grants to prevent underage drinking Sec. 402. Grants directed at reducing higher-education alcohol abuse Title V—Additional research Sec. 501. Additional research on underage drinking Sec. 502. Authorization of appropriations", "id": "HA2937E2B885F433A9173B9D4840080DD", "header": "Short title; table of contents" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Drinking alcohol under the age of 21 is illegal in each of the 50 States and the District of Columbia. Enforcement of current laws and regulations in States and communities, such as minimum age drinking laws, zero tolerance laws, and laws and regulations which restrict availability of alcohol, must supplement other efforts to reduce underage drinking. (2) Data collected annually by the Department of Health and Human Services shows that alcohol is the most heavily used drug by children in the United States, and that— (A) more youths consume alcoholic beverages than use tobacco products or illegal drugs; (B) by the end of the eighth grade, 45.6 percent of children have engaged in alcohol use, and by the end of high school, 76.6 percent have done so; and (C) the annual societal cost of underage drinking is estimated at $53 to $58 billion. (3) Data collected by the Department of Health and Human Services and the Department of Transportation indicate that alcohol use by youth has many negative consequences, such as immediate risk from acute impairment; traffic fatalities; violence; suicide; and unprotected sex. (4) Research confirms that the harm caused by underage drinking lasts beyond the underage years. Compared to persons who wait until age 21 or older to start drinking, those who start to drink before age 14 are, as adults, four times more likely to become alcohol dependent; seven times more likely to be in a motor vehicle crash because of drinking; and more likely to suffer mental and physical damage from alcohol abuse. (5) Alcohol abuse creates long-term risk developmentally and is associated with negative physical impacts on the brain. (6) Research indicates that adults greatly underestimate the extent of alcohol use by youths, its negative consequences, and its use by their own children. The IOM report concluded that underage drinking cannot be successfully addressed by focusing on youth alone. Ultimately, adults are responsible for young people obtaining alcohol by selling, providing, or otherwise making it available to them. Parents are the most important channel of influence on their children’s underage drinking, according to the IOM report, which also recommends a national adult-oriented media campaign. (7) Research shows that public service health messages, in combination with community-based efforts, can reduce health-damaging behavior. The Department of Health and Human Services and the Ad Council have undertaken a public health campaign targeted at parents to combat underage alcohol consumption. The Ad Council estimates that, for a typical public health campaign, it receives an average of $28 million per year in free media through its 28,000 media outlets nationwide. (8) A significant percentage of the total alcohol consumption in the United States each year is by underage youth. The Substance Abuse and Mental Health Services Administration reports that the percentage is over 11 percent. (9) Youth are exposed to a significant amount of alcohol advertising through a variety of media. Some studies indicate that youth awareness of alcohol advertising correlates to their drinking behavior and beliefs. (10) According to the Center on Alcohol Marketing and Youth, in 2002, the alcoholic beverage industry spent $990.2 million on product advertising on television, and $10 million on television advertising designed to promote the responsible use of alcohol. For every one television ad discouraging underage alcohol use, there were 609 product ads. (11) Alcohol use occurs in 76 percent of movies rated G or PG and 97 percent of movies rated PG-13. The Federal Trade Commission has recommended restricting paid alcohol beverage promotional placements to films rated R or NC-17. (12) Youth spend 9 to 11 hours per week listening to music, and 17 percent of all lyrics contain alcohol references; 30 percent of those songs include brand-name mentions. (13) Studies show that adolescents watch 20 to 27 hours of television each week, and 71 percent of prime-time television episodes depict alcohol use and 77 percent contain some reference to alcohol. (14) College and university presidents have cited alcohol abuse as the number one health problem on college and university campuses. (15) According to the National Institute on Alcohol Abuse and Alcoholism, two of five college students are binge drinkers; 1,400 college students die each year from alcohol-related injuries, a majority of which involve motor vehicle crashes; more than 70,000 students are victims of alcohol-related sexual assault; and 500,000 students are injured under the influence of alcohol each year. (16) According to the Center on Alcohol Marketing and Youth, in 2002, alcohol producers spent a total of $58 million to place 6,251 commercials in college sports programs, and spent $27.7 million advertising during the NCAA men’s basketball tournament, which had as many alcohol ads (939) as the Super Bowl, World Series, College Bowl Games and the National Football League’s Monday Night Football broadcasts combined (925). (17) The IOM report recommended that colleges and universities ban alcohol advertising and promotion on campus in order to demonstrate their commitment to discouraging alcohol use among underage students. (18) According to the Government Accountability Office ( GAO ), the Federal Government spends $1.8 billion annually to combat youth drug use and $71 million to prevent underage alcohol use. (19) The GAO concluded that there is a lack of reporting about how these funds are specifically expended, inadequate collaboration among the agencies, and no central coordinating group or office to oversee how the funds are expended or to determine the effectiveness of these efforts. (20) There are at least three major, annual, government funded national surveys in the United States that include underage drinking data: the National Household Survey on Drug Use and Health, Monitoring the Future, and the Youth Risk Behavior Survey. These surveys do not use common indicators to allow for direct comparison of youth alcohol consumption patterns. Analyses of recent years’ data do, however, show similar results. (21) Research shows that school-based and community-based interventions can reduce underage drinking and associated problems, and that positive outcomes can be achieved by combining environmental and institutional change with theory-based health education—a comprehensive, community-based approach. (22) Studies show that a minority of youth who need treatment for their alcohol problems receive such services. Further, insufficient information exists to properly assist clinicians and other providers in their youth treatment efforts.", "id": "H8C835972F9AE40B694A5A9499BB9DCC", "header": "Findings" }, { "text": "3. Definitions \nFor purposes of this Act: (1) The term binge drinking means a pattern of drinking alcohol that brings blood alcohol concentration (BAC) to 0.08 gm percent or above. For the typical adult, this pattern corresponds to consuming 5 or more drinks (male), or 4 or more drinks (female), in about 2 hours. (2) The term heavy drinking means five or more drinks on the same occasion in the past 30 days. (3) The term frequent heavy drinking means five or more drinks on at least five occasions in the last 30 days. (4) The term alcoholic beverage industry means the brewers, vintners, distillers, importers, distributors, and retail outlets that sell and serve beer, wine, and distilled spirits. (5) The term school-based prevention means programs, which are institutionalized, and run by staff members or school-designated persons or organizations in every grade of school, kindergarten through 12th grade. (6) The term youth means persons under the age of 21. (7) The term IOM report means the report released in September 2003 by the National Research Council, Institute of Medicine, and entitled Reducing Underage Drinking: A Collective Responsibility.", "id": "HD72486EBD66C41ACBF307364EA4F242F", "header": "Definitions" }, { "text": "101. Sense of Congress \nIt is the sense of the Congress that: (1) A multi-faceted effort is needed to more successfully address the problem of underage drinking in the United States. A coordinated approach to prevention, intervention, treatment, and research is key to making progress. This Act recognizes the need for a focused national effort, and addresses particulars of the Federal portion of that effort. (2) States and communities, including colleges and universities, are encouraged to adopt comprehensive prevention approaches, including— (A) evidence-based screening, programs and curricula; (B) brief intervention strategies; (C) consistent policy enforcement; and (D) environmental changes that limit underage access to alcohol. (3) Public health and consumer groups have played an important role in drawing the Nation’s attention to the health crisis of underage drinking. Working at the Federal, State, and community levels, and motivated by grass-roots support, they have initiated effective prevention programs that have made significant progress in the battle against underage drinking. (4) The alcohol beverage industry has developed and paid for national education and awareness messages on illegal underage drinking directed to parents as well as consumers generally. According to the industry, it has also supported the training of more than 1.6 million retail employees, community-based prevention programs, point of sale education, and enforcement programs. All of these efforts are aimed at further reducing illegal underage drinking and preventing sales of alcohol to persons under the age of 21. All sectors of the alcohol beverage industry have also voluntarily committed to placing advertisements in broadcasts and magazines where at least 70 percent of the audiences are expected to be 21 years of age or older. The industry should continue to monitor and tailor its advertising practices to further limit underage exposure, including the use of independent third party review. The industry should continue and expand evidence-based efforts to prevent underage drinking. (5) Public health and consumer groups, in collaboration with the alcohol beverage industry, should explore opportunities to reduce underage drinking. (6) The entertainment industries have a powerful impact on youth, and they should use rating systems and marketing codes to reduce the likelihood that underage audiences will be exposed to movies, recordings, or television programs with unsuitable alcohol content, even if adults are expected to predominate in the viewing or listening audiences. (7) Objective scientific evidence and data should be generated and made available to the general public and policy makers at the local, state, and national levels to help them make informed decisions, implement judicious policies, and monitor progress in preventing childhood/adolescent alcohol use. (8) The National Collegiate Athletic Association, its member colleges and universities, and athletic conferences should affirm a commitment to a policy of discouraging alcohol use among underage students and other young fans by ending all alcohol advertising during radio and television broadcasts of collegiate sporting events.", "id": "H690D7E96C09A4E79B6FC1D423D3BD6EB", "header": "Sense of Congress" }, { "text": "201. Establishment of interagency coordinating committee to prevent underage drinking \n(a) In general \nThe Secretary of Health and Human Services, in collaboration with the Federal officials specified in subsection (b), shall establish an interagency coordinating committee focusing on underage drinking (referred to in this section as the Committee ). (b) Other agencies \nThe officials referred to in subsection (a) are the Secretary of Education, the Attorney General, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Defense, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the National Institute on Drug Abuse, the Assistant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Chairman of the Federal Trade Commission, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate. (c) Chair \nThe Secretary of Health and Human Services shall serve as the chair of the Committee. (d) Duties \nThe Committee shall guide policy and program development across the Federal Government with respect to underage drinking. (e) Consultations \nThe Committee shall actively seek the input of and shall consult with all appropriate and interested parties, including public health research and interest groups, foundations, and alcohol beverage industry trade associations and companies. (f) Annual report \n(1) In general \nThe Secretary of Health and Human Services, on behalf of the Committee, shall annually submit to the Congress a report that summarizes— (A) all programs and policies of Federal agencies designed to prevent underage drinking; (B) the extent of progress in reducing underage drinking nationally; (C) data that the Secretary shall collect with respect to the information specified in paragraph (2); and (D) such other information regarding underage drinking as the Secretary determines to be appropriate. (2) Certain information \nThe report under paragraph (1) shall include information on the following: (A) Patterns and consequences of underage drinking. (B) Measures of the availability of alcohol to underage populations and the exposure of this population to messages regarding alcohol in advertising and the entertainment media. (C) Surveillance data, including information on the onset and prevalence of underage drinking. (D) Any additional findings resulting from research conducted or supported under section 501. (E) Evidence-based best practices to both prevent underage drinking and provide treatment services to those youth who need them.", "id": "HF07CC56825DD4342B742CEF3E1879030", "header": "Establishment of interagency coordinating committee to prevent underage drinking" }, { "text": "202. Annual report card \n(a) In general \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) shall, with input and collaboration from other appropriate Federal agencies, States, Indian tribes, territories, and public health, consumer, and alcohol beverage industry groups, annually issue a report card to accurately rate the performance of each state in enacting, enforcing, and creating laws, regulations, and programs to prevent or reduce underage drinking. The report card shall include ratings on outcome measures for categories related to the prevalence of underage drinking in each State. (b) Outcome measures \n(1) In general \nThe Secretary shall develop, in consultation with the Committee established in section 201, a set of outcome measures to be used in preparing the report card. (2) Categories \nIn developing the outcome measures, the Secretary shall develop measures for categories related to the following: (A) The degree of strictness of the minimum drinking age laws and dram shop liability statutes in each State. (B) The number of compliance checks within alcohol retail outlets conducted measured against the number of total alcohol retail outlets in each State, and the results of such checks. (C) Whether or not the State mandates or otherwise provides training on the proper selling and serving of alcohol for all sellers and servers of alcohol as a condition of employment. (D) Whether or not the State has policies and regulations with regard to Internet sales and home delivery of alcoholic beverages. (E) The number of adults in the State targeted by State programs to deter adults from purchasing alcohol for minors. (F) The number of youths, parents, and caregivers who are targeted by State programs designed to deter underage drinking. (G) Whether or not the State has enacted graduated drivers licenses and the extent of those provisions. (H) The amount that the State invests, per youth capita, on the prevention of underage drinking, further broken down by the amount spent on— (i) compliance check programs in retail outlets, including providing technology to prevent and detect the use of false identification by minors to make alcohol purchases; (ii) checkpoints; (iii) community-based, school-based, and higher-education-based programs to prevent underage drinking; (iv) underage drinking prevention programs that target youth within the juvenile justice and child welfare systems; and (v) other State efforts or programs as deemed appropriate.", "id": "H1C58F721BB3441579C32D1146395743F", "header": "Annual report card" }, { "text": "203. Authorization of appropriations \nThere are authorized to be appropriated to carry out this title $2,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "H87B7AEE720A94422A65E70DA3F2713B0", "header": "Authorization of appropriations" }, { "text": "301. National media campaign to prevent underage drinking \n(a) Scope of the campaign \nThe Secretary of Health and Human Services shall continue to fund and oversee the production, broadcasting, and evaluation of the Ad Council’s national adult-oriented media public service campaign. (b) Report \nThe Secretary of Health and Human Services shall provide a report to the Congress annually detailing the production, broadcasting, and evaluation of the campaign referred to in subsection (a), and to detail in the report the effectiveness of the campaign in reducing underage drinking, the need for and likely effectiveness of an expanded adult-oriented media campaign, and the feasibility and the likely effectiveness of a national youth-focused media campaign to combat underage drinking. (c) Consultation requirement \nIn carrying out the media campaign, the Secretary of Health and Human Services shall direct the Ad Council to consult with interested parties including both the alcohol beverage industry and public health and consumer groups. The progress of this consultative process is to be covered in the report under subsection (b). (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section, $1,000,000 for each of the fiscal years 2005 and 2006, and such sums as may be necessary for each subsequent fiscal year.", "id": "HCFAC8A56BB7E4044A364C900DDBB6437", "header": "National media campaign to prevent underage drinking" }, { "text": "401. Community-based coalition enhancement grants to prevent underage drinking \n(a) Authorization of program \nThe Director of the Office of National Drug Control Policy shall award enhancement grants to eligible entities to design, test, evaluate and disseminate strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking. (b) Purposes \nThe purposes of this section are, in conjunction with the Drug-Free Communities Act of 1997 ( 21 U.S.C. 1521 et seq. ), to— (1) reduce alcohol use among youth in communities throughout the United States; (2) strengthen collaboration among communities, the Federal Government, and State, local, and tribal governments; (3) enhance intergovernmental cooperation and coordination on the issue of alcohol use among youth; (4) serve as a catalyst for increased citizen participation and greater collaboration among all sectors and organizations of a community that first demonstrates a long-term commitment to reducing alcohol use among youth; (5) disseminate to communities timely information regarding state-of-the-art practices and initiatives that have proven to be effective in reducing alcohol use among youth; and (6) enhance, not supplant, local community initiatives for reducing alcohol use among youth. (c) Application \nAn eligible entity desiring an enhancement grant under this section shall submit an application to the Director at such time, and in such manner, and accompanied by such information as the Director may require. Each application shall include— (1) a complete description of the entity’s current underage alcohol use prevention initiatives and how the grant will appropriately enhance the focus on underage drinking issues; or (2) a complete description of the entity’s current initiatives, and how it will use this grant to enhance those initiatives by adding a focus on underage drinking prevention. (d) Uses of funds \nEach eligible entity that receives a grant under this section shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to subsection (c). Grants under this section shall not exceed $50,000 per year, and may be awarded for each year the entity is funded as per subsection (f). (e) Supplement not supplant \nGrant funds provided under this section shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (f) Definitions \nFor purposes of this section, the term eligible entity means an organization that is currently eligible to receive grant funds under the Drug-Free Communities Act of 1997 ( 21 U.S.C. 1521 et seq. ). (g) Administrative expenses \nNot more than 6 percent of a grant under this section may be expended for administrative expenses. (h) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "H0B93F45E5BC74DE3B9127015E1491538", "header": "Community-based coalition enhancement grants to prevent underage drinking" }, { "text": "402. Grants directed at reducing higher-education alcohol abuse \n(a) Authorization of program \nThe Secretary shall award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education. (b) Applications \nAn eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include— (1) a description of how the eligible entity will work to enhance an existing, or where none exists to build a, statewide coalition; (2) a description of how the eligible entity will target underage students in the State; (3) a description of how the eligible entity intends to ensure that the statewide coalition is actually implementing the purpose of this Act and moving toward indicators described in section (d); (4) a list of the members of the statewide coalition or interested parties involved in the work of the eligible entity; (5) a description of how the eligible entity intends to work with State agencies on substance abuse prevention and education; (6) the anticipated impact of funds provided under this Act in reducing the rates of underage alcohol use; (7) outreach strategies, including ways in which the eligible entity proposes to— (A) reach out to students; (B) promote the purpose of this Act; (C) address the range of needs of the students and the surrounding communities; and (D) address community norms for underage students regarding alcohol use; and (8) such additional information as required by the Secretary. (c) Uses of funds \nEach eligible entity that receives a grant under this section shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to subsection (b). (d) Accountability \nOn the date on which the Secretary first publishes a notice in the Federal Register soliciting applications for grants under this section, the Secretary shall include in the notice achievement indicators for the program authorized under this section. The achievement indicators shall be designed— (1) to measure the impact that the statewide coalitions assisted under this Act are having on the institutions of higher education and the surrounding communities, including changes in the number of alcohol incidents of any kind (including violations, physical assaults, sexual assaults, reports of intimidation, disruptions of school functions, disruptions of student studies, mental health referrals, illnesses, or deaths); (2) to measure the quality and accessibility of the programs or information offered by the statewide coalitions; and (3) to provide such other measures of program impact as the Secretary determines appropriate. (e) Supplement not supplant \nGrant funds provided under this Act shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (f) Definitions \nFor purposes of this section: (1) Eligible entity \nThe term eligible entity means a State, institution of higher education, or nonprofit entity. (2) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Secretary \nThe term Secretary means the Secretary of Education. (4) State \nThe term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (5) Statewide coalition \nThe term statewide coalition means a coalition that— (A) includes— (i) institutions of higher education within a State; and (ii) a nonprofit group, a community underage drinking prevention coalition, or another substance abuse prevention group within a State; and (B) works toward lowering the alcohol abuse rate by targeting underage students at institutions of higher education throughout the State and in the surrounding communities. (6) Surrounding community \nThe term surrounding community means the community— (A) that surrounds an institution of higher education participating in a statewide coalition; (B) where the students from the institution of higher education take part in the community; and (C) where students from the institution of higher education live in off-campus housing. (g) Administrative expenses \nNot more than 5 percent of a grant under this section may be expended for administrative expenses. (h) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "HEEF3C873D326407FAAA2F0BD550042C8", "header": "Grants directed at reducing higher-education alcohol abuse" }, { "text": "501. Additional research on underage drinking \n(a) In general \nThe Secretary of Health and Human Services shall collect data on, and conduct or support research on, underage drinking with respect to the following: (1) The short and long-range impact of alcohol use and abuse upon adolescent brain development and other organ systems. (2) Comprehensive community-based programs or strategies and statewide systems to prevent underage drinking, across the underage years from early childhood to young adulthood, including programs funded and implemented by government entities, public health interest groups and foundations, and alcohol beverage companies and trade associations. (3) Improved knowledge of the scope of the underage drinking problem and progress in preventing and treating underage drinking. (4) Annually obtain more precise information than is currently collected on the type and quantity of alcoholic beverages consumed by underage drinkers, as well as information on brand preferences of these drinkers and their exposure to alcohol advertising. (b) Certain matters \nThe Secretary of Health and Human Services shall carry out activities toward the following objectives with respect to underage drinking: (1) Testing every unnatural death of persons ages 12 to 20 in the United States for alcohol involvement, including suicides, homicides, and unintentional injuries such as falls, drownings, burns, poisonings, and motor vehicle crash deaths. (2) Obtaining new epidemiological data within the National Epidemiological Study on Alcoholism and Related Conditions and other national or targeted surveys that identify alcohol use and attitudes about alcohol use during pre- and early adolescence, including second-hand effects of adolescent alcohol use such as date rapes, violence, risky sexual behavior, and prenatal alcohol exposure. (3) Developing or identifying successful clinical treatments for youth with alcohol problems.", "id": "H541B4B1C9F944920A505C92664CAA4C1", "header": "Additional research on underage drinking" }, { "text": "502. Authorization of appropriations \nThere are authorized to be appropriated to carry out section 501 $6,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "H7D7413A963914EA4B128DDB23E476405", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Glover River Wild and Scenic River Act.", "id": "H360848E92A9148A38187DEEA3113B4F8", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The Secretary of Agriculture conducted a study of the eligibility and suitability of the Glover River in the State of Oklahoma for inclusion in the Wild and Scenic Rivers System. (2) With extensive public involvement, the Forest Service prepared the Final Environmental Impact Statement Amendment to the Land and Resource Management Plan Management Direction for Acquired Lands in Southeastern Oklahoma , which contains an Individual Assessment of Eligibility and Potential Classification of the Glover River. (3) The study and assessment concluded that the Glover River is eligible for inclusion in the National Wild and Scenic Rivers System based on its free-flowing conditions and remarkable scenic, recreation, geologic, archaeological, historical, and fish and wildlife values.", "id": "H68C3FF2F85954F3AB184CA459B00E432", "header": "Findings" }, { "text": "3. Designation of segment of Glover River, Oklahoma, as component of National Wild and Scenic Rivers System \n(a) Designation \nSection 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following new paragraph: (_) Glover River, Oklahoma \nThe 16.5 mile segment from the confluence of the West and East Forks of the Glover River in the Ouachita National Forest in section 7, township 3 south, range 23 east, downstream along the main stem of the Glover River to the southern boundary of the Ouachita National Forest, to be administered by the Secretary of Agriculture as a scenic river.. (b) Management \nThe Secretary of Agriculture shall develop and administer the comprehensive management plan required by section 3(d)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d)(1) ) for the segment of the Glover River designated as a scenic river by this section in general accordance with the provisions of the Final Environmental Impact Statement Amendment 34 to the land and resource management plan of the Ouachita National Forest, dated January 8, 2002, that address the segment of the Glover River so designated.", "id": "HE429A4B3A2334D5B8B699C3779BFAAC", "header": "Designation of segment of Glover River, Oklahoma, as component of National Wild and Scenic Rivers System" } ]

[ { "text": "1. Dichloroethyl Ether \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.39.41 Dichloroethyl Ether (1,1’-oxybis [2-chloroethane] CL-CH2-CH2-0-CH2-CH2-CL) (provided for in subheading 2909.19.18) Free No change No change On or before 12/31/2014 (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H62B8219F991E43BBA0CDC1CAEF4CF468", "header": "Dichloroethyl Ether" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Ice Age Floods National Geologic Trail Designation Act of 2004.", "id": "H80AFBDD713A24262A154981EF3E7BF17", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) At the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of Montana, Idaho, Washington and Oregon. (2) Geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on many Federal, State, tribal, county, municipal, and non-governmental lands in the region. (3) In 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail to recognize the national significance of this phenomenon and to coordinate public and private sector entities in the presentation of the story of the Ice Age Floods. (b) Purpose \nThe purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods’ features and story through the collaborative efforts of public and private entities.", "id": "H75780879209A406CA9938C8FCA91D9B3", "header": "Findings and purpose" }, { "text": "3. Definitions \nAs used in this Act: (1) Trail \nThe term Trail means the Ice Age Floods National Geologic Trail designated in section 4. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (3) Floods \nThe term Ice Age Floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age primarily from massive, rapid and recurring drainage of Glacial Lake Missoula.", "id": "H0A07FBFD92A64FF8B2CA853CACC50182", "header": "Definitions" }, { "text": "4. Ice age floods national geologic trail \n(a) Designation \nIn order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b) Location \nThe route of the Trail shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Ocean as generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered_______, and dated______. (c) Maps \n(1) Revisions \nThe Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the Cooperative Management and Interpretation Plan for the Trail required under section 5(f). (2) Availability \nAny map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "H45FBA5D8FB8148478D905FD0A7D2A6B", "header": "Ice age floods national geologic trail" }, { "text": "5. Administration \n(a) In general \nThe Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b) Trail management office \nIn order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a Trail management office within the vicinity of the Trail. (c) Interagency technical committee \nThe Secretary shall establish an interagency technical committee to advise the trail management office in technical planning for the development of the Cooperative Management and Interpretation Plan. The interagency technical committee— (1) shall include representation from the local, State, tribal, and Federal governments with interests in the floods and representation from the Ice Age Floods Institute; and (2) may include private property owners, business owners, and nonprofit organizations. (d) Trail advisory committee \nThe Secretary shall establish and maintain a trail advisory committee comprised of individuals appointed by public land management agencies, local, State, and tribal governments, private citizens, and interested nonprofit organizations, including the Ice Age Floods Institute. The trail advisory committee shall assist the Trail manager and staff with the operation of the Trail. (e) Management plan \nNot later than 3 years after funds are made available for this purpose, the Secretary shall prepare a Cooperative Management and Interpretation Plan for the Trail in consultation with State, local, and tribal governments, the Ice Age Floods Institute, private property owners, and other interested parties. The Cooperative Management and Interpretation Plan shall— (1) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that would present the floods’ story to the public effectively; (2) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the flood; (3) confirm and, if appropriate, expand upon the inventory of floods’ features contained in the National Park Service study entitled Ice Age Floods, Study of Alternatives and Environmental Assessment (February, 2001) by locating features more accurately, improving the description of features, and reevaluating the features in terms of their interpretive potential; and (4) review and, if appropriate, modify the map of the Trail referred to in section 4(b)(1). (f) Land acquisition \nThe Secretary may acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the entire trail throughout Montana, Idaho, Washington and Oregon. Such acquisitions shall be consistent with the Cooperative Management and Interpretation Plan. Of these 25 acres, private land may be acquired from willing sellers only by exchange, donation, or purchase with donated or appropriated funds. Non-Federal public lands may be acquired from willing sellers only by donation or exchange and only after consultation with the affected local governments. (g) Interpretive facilities \nThe Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the Cooperative Management and Interpretation Plan. (h) Private property rights \nNothing in this Act shall be construed to require any private property owner to allow public access (including Federal, State or local government access) to such private property or to modify any provision of Federal, State or local law with regard to public access to or use of private lands. (i) Liability \nDesignation of the trail shall not be considered to create any liability or to have any effect on any liability under any law of any private property owner with respect to any persons injured on such private property. (j) Cooperative management \nIn order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail, and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (112 Stat. 3522; 16 U.S.C. 1a-2 ). For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (k) Cooperative agreements \nThe Secretary is authorized to enter into cooperative agreements with public or private entities to further the purposes of this Act. (l) United States Geological Survey \nThe Secretary shall use the United States Geological Survey to assist the Interagency Technical Committee and the National Park Service carry out this Act. (m) Regulations prohibited \nThe Secretary may not promulgate regulations specifically for management of the Trail.", "id": "H7D169668C3FA4A429076C288F1DC161", "header": "Administration" }, { "text": "6. Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act. Not more than $500,000 of funds appropriated for this Act may be used in each fiscal year for administration of the Trail.", "id": "HEF54C5124C3F40D382703CC845584613", "header": "Authorization of appropriations" } ]

[ { "text": "That section 14501(c)(2)(C) of title 49, United States Code, is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations.", "id": "HE2F654E6A85E4EAA00E2D2306487E1FD", "header": null } ]

[ { "text": "1. Short title; findings; purpose \n(a) Short title \nThis Act may be cited as the. (b) Findings \nThe Congress finds the following: (1) Domestic oil and gas resources, including coalbed methane, are an important part of the Nation’s energy supply portfolio and their development in appropriate locations and in appropriate ways can help reduce dependence on imported energy supplies. (2) In many areas of the Western United States, federally owned minerals, including oil and gas, are in lands where the surface estate belongs to non-Federal parties whose interests can be adversely affected if the development of the minerals is not done in an appropriate manner. (3) Development of oil and gas—and especially coalbed methane—often involves removal of a significant volume of groundwater. (4) Some of the water extracted in connection with this development is reinjected into the ground, while some is retained in surface holding ponds or released on the surface and allowed to flow into streams or other waterbodies, including ditches used for irrigation. (5) The quality of these extracted waters varies from one location to another. Some of these waters are of good quality, but they often contain dissolved minerals (such as sodium, magnesium, arsenic, or selenium) that can contaminate other waters as a result of leaks or leaching from holding ponds or discharge of extracted waters. In addition, extracted waters often have other characteristics, such as high acidity and temperature, that can adversely affect agricultural uses of land or the quality of the environment. (6) Clearer requirements for proper disposal of these extracted waters is necessary in order to avoid adverse effects on the quality of ground and surface waters as well as the productivity of surrounding agricultural lands. (7) To reduce the chance of potential harm to water supplies, agricultural production, and the environment that otherwise could result from disposal of water extracted in connection with coalbed methane development or the development of other oil or gas resources, the Congress should act to ensure that such disposal is subject to regulation under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) and the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (8) Under the Stock-Raising Homestead Act ( 43 U.S.C. 291 et seq. ) and other laws, the Federal Government has transferred to other parties the surface estate in millions of acres in Western States where ownership of coal, oil, gas, and other minerals has been retained by the Federal Government. (9) Under current Federal law, the leasing of federally owned coal on lands where the surface estate is not owned by the United States is subject to the consent of the surface estate owners, but neither this consent requirement nor the operating and bonding requirements applicable to development of federally owned locatable minerals applies to the leasing or development of oil or gas in similar split-estate situations. (10) To better balance the need for development of oil and gas resources (including coalbed methane) with the rights and interests of the owners of the surface estate of affected lands, current law should be revised so as to increase the involvement of the surface estate owners in developing and implementing plans for such development and to provide clearer and more adequate standards for such development. (c) Purpose \nThe purpose of this Act is to provide for the protection of water resources and the rights of surface estate owners in the development of oil and gas resources, including coalbed methane.", "id": "H30CA38ECE96247BF84BE00BE5F664F00", "header": "Short title; findings; purpose" }, { "text": "101. Mineral Leasing Act requirements \nSection 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by adding at the end the following: (p) Water requirements \n(1) An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall— (A) replace the water supply of a water user who obtains all or part of such user’s supply of water for domestic, agricultural, or other purposes from an underground or surface source that has been affected by contamination, diminution, or interruption proximately resulting from drilling operations for such production; (B) assure that any reinjection of water produced by drilling in connection with operations under the lease will return the water into the same aquifer from which it was extracted or an aquifer of no better water quality; and (C) comply with all applicable requirements of Federal and State law for discharge of any water produced under the lease that is not reinjected. (2) An application for a lease under this subsection shall be accompanied by a proposed water management plan including provisions to— (A) protect the quantity and quality of surface and ground water systems, both on-site and off-site, from adverse effects of the exploration, development, and reclamation processes or to provide alternative sources of water if such protection cannot be assured; (B) protect the rights of present users of water that would be affected by operations under the lease, including the discharge of any water produced in connection with such operations that is not reinjected; and (C) identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with State and Federal laws related to such use..", "id": "H28877DA7181948CB813E968CC933F29B", "header": "Mineral Leasing Act requirements" }, { "text": "102. Clean water Act requirements \nSection 402(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (10) To issue permits that comply with subsection (a) and any other requirements of this Act, for waters extracted from a subsurface formation in connection with oil and gas, including coalbed methane, and to subject such extracted waters to the requirements of this Act in order to minimize the adverse impacts on any lands or waters that would be affected by disposal or other uses of such extracted waters..", "id": "H5FDA01769E7F4D2297FC05F575DE85B2", "header": "Clean water Act requirements" }, { "text": "103. Relation to State law \nNothing in this Act or any amendment made by this Act shall— (1) be construed as impairing or in any manner affecting any right or jurisdiction of any State with respect to the waters of such State; or (2) be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between States.", "id": "HD9FFD376088E4CFA8F6BE98C7E406D5C", "header": "Relation to State law" }, { "text": "201. Definitions \nAs used in this title— (1) the term Secretary means the Secretary of the Interior; (2) the term lease means a lease issued by the Secretary under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or any other law, providing for development of oil and gas resources (including coalbed methane) owned by the United States; (3) the term lessee means the holder of a lease; and (4) the term operator means any person that is responsible under the terms and conditions of a lease for the operations conducted on leased lands or any portion thereof.", "id": "HDCCEC917A5AD4A6FB431062349E4B1C6", "header": "Definitions" }, { "text": "202. Post-lease surface use agreement \n(a) In general \nExcept as provided in section 203, the Secretary may not authorize any operator to conduct exploration and drilling operations on lands with respect to which title to oil and gas resources is held by the United States but title to the surface estate is not held by the United States, until the operator has filed with the Secretary a document, signed by the operator and the surface owner or owners, showing that the operator has secured a written surface use agreement between the operator and the surface owner or owners that meets the requirements of subsection (b). (b) Contents \nThe surface use agreement shall provide for— (1) the use of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions; (2) the accommodation of the surface estate owner to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the operator’s right to develop the oil and gas estate; (3) the reclamation of the site to a condition capable of supporting the uses which such lands were capable of supporting prior to exploration and drilling operations; and (4) compensation for damages as a result of exploration and drilling operations, including but not limited to— (A) loss of income and increased costs incurred; (B) damage to or destruction of personal property, including crops, forage, and livestock; and (C) failure to reclaim the site in accordance with this paragraph (3). (c) Procedure \n(1) An operator shall notify the surface estate owner or owners of the operator’s desire to conclude an agreement under this section. If the surface estate owner and the operator do not reach an agreement within 90 days after the operator has provided such notice, the matter shall be referred to third party arbitration for resolution within a period of 90 days. The cost of such arbitration shall be the responsibility of the operator. (2) The Secretary shall identify persons with experience in conducting arbitrations and shall make this information available to operators. (3) Referral of a matter for arbitration by a person identified by the Secretary pursuant to paragraph (2) shall be sufficient to constitute compliance with paragraph (1). (d) Attorneys fees \nIf action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement, the prevailing party shall be reimbursed by the other party for reasonable attorneys fees and actual costs incurred, in addition to any other relief which a court or arbitration panel may grant.", "id": "H883996384D0143BCB00056EF05D2BE36", "header": "Post-lease surface use agreement" }, { "text": "203. Authorized exploration and drilling operations \n(a) Authorization without surface use agreement \nThe Secretary may authorize an operator to conduct exploration and drilling operations on lands covered by section 202 in the absence of an agreement with the surface estate owner or owners, if— (1) the Secretary makes a determination in writing that the operator made a good faith attempt to conclude such an agreement, including referral of the matter to arbitration pursuant to section 202(c), but that no agreement was concluded within 90 days after the referral to arbitration; (2) the operator submits a plan of operations that provides for the matters specified in section 202(b) and for compliance with all other applicable requirements of Federal and State law; and (3) the operator posts a bond or other financial assurance in an amount the Secretary determines to be adequate to ensure compensation to the surface estate owner for any damages to the site, in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent. (b) Surface owner participation \nThe Secretary shall provide surface estate owners with an opportunity to— (1) comment on plans of operations in advance of a determination of compliance with this title; (2) participate in bond level determinations and bond release proceedings under this section; (3) attend an on-site inspection during such determinations and proceedings; (4) file written objections to a proposed bond release; and (5) request and participate in an on-site inspection when they have reason to believe there is a violation of the terms and conditions of a plan of operations. (c) Payment of financial guarantee \nA surface estate owner with respect to any land subject to a lease may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under this section as compensation for any damages as a result of exploration and drilling operations. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface estate owner for such damages. (d) Bond release \nUpon request and after inspection and opportunity for surface estate owner review, the Secretary may release the financial assurance required under this section if the Secretary determines that exploration and drilling operations are ended and all damages have been fully compensated.", "id": "HA731360203E64F0795F954312EC949BE", "header": "Authorized exploration and drilling operations" }, { "text": "204. Surface owner notification \nThe Secretary shall— (1) notify surface estate owners in writing at least 45 days in advance of lease sales; (2) within ten working days after a lease is issued, notify surface estate owners of regarding the identity of the lessee; (3) notify surface estate owners in writing concerning any subsequent decisions regarding a lease, such as modifying or waiving stipulations and approving rights of way; and (4) notify surface estate owners within five business days after issuance of a drilling permit under a lease.", "id": "HECE4303E05EB4928A7E00075B07DC00", "header": "Surface owner notification" }, { "text": "301. Reclamation standard and bond \nSection 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by adding at the end the following: (p) Reclamation requirements \nAn operator producing oil or gas (including coalbed methane) under a lease issued pursuant to this Act shall— (1) at a minimum restore the land affected to a condition capable of supporting the uses that it was capable of supporting prior to any drilling, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants’ declared proposed land use following reclamation is not impractical or unreasonable, inconsistent with applicable land use policies and plans, or involve unreasonable delay in implementation, or is violative of Federal, State, or local law; (2) ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the oil and gas drilling operations; and (3) submit with the plan of operations a reclamation plan that describes in detail the methods and practices that will be used to ensure complete and timely restoration of all lands affected by oil and gas operations. (q) Reclamation bond \nAn operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall post a bond that covers that area of land within the permit area upon which the operator will initiate and conduct oil and gas drilling and reclamation operations within the initial term of the permit. As succeeding increments of oil and gas drilling and reclamation operations are to be initiated and conducted within the permit area, the lessee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential; and shall be determined by the Secretary. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the Secretary in the event of forfeiture. (r) Regulations \nNo later than one year after the date of the enactment of this subsection, the Secretary shall promulgate regulations to implement the requirements of subsections (p) and (q). (s) Study by the general accounting office \n(1) The Comptroller General shall conduct a review to assess the adequacy of the regulations issued by the Secretary pursuant to subsection (r) to ensure that operators will meet the requirements of subsection (p). (2) A report of the results of the review required by paragraph (1) shall be transmitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate no later than 180 days after the date on which the Secretary promulgates regulations pursuant to subsection (r). (3) The report required by paragraph (2) shall include findings and conclusions by the Comptroller General of the United States, and any recommendations the Comptroller General may make with respect to any legislation or administrative actions the Comptroller General determines would be appropriate to ensure compliance with the requirements of subsection (p)..", "id": "HA7834EC0CD114363A2537E8900D22FF2", "header": "Reclamation standard and bond" }, { "text": "401. Definition \nAs used in this title, the term abandoned well means any well drilled for the purpose of exploring for or developing oil or gas resources (including coalbed methane) that— (1) has not been in operation for a period of 12 continuous months, unless the owner or operator has notified the Secretary of the Interior (for wells drilled to explore for or develop minerals owned by the United States) or the relevant State regulatory agency (for wells drilled to explore for or develop minerals not owned by the United States) that the well has been temporarily shut down; or (2) has not been operative for more than 60 continuous months after the owner or operator has notified the Secretary of the Interior (for wells drilled to explore for or develop minerals owned by the United States) or the relevant State regulatory agency (for wells drilled to explore for or develop minerals not owned by the United States) that the well has been temporarily shut down.", "id": "H34FD67B5617344FF931D21F61F865D97", "header": "Definition" }, { "text": "402. Federal remediation program \n(a) Establishment of program \n(1) The Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall establish a program to ensure to the maximum extent feasible the remediation, reclamation, and closure of abandoned wells that— (A) are located on lands administered by an agency of the Department of the Interior or the Forest Service; or (B) were drilled to explore for or develop minerals owned by the United States located on lands with respect to which the surface estate is not owned by the United States. (2) In implementing the program, the Secretary of the Interior— (A) shall cooperate with the Secretary of Agriculture and the States with respect to the Federal lands covered by the program are located; and (B) shall consult with the Secretary of Energy and the Interstate Oil and Gas Compact Commission. (3) The Secretary of the Interior shall establish the program by no later than 3 years after the date of enactment of this section. (b) Program elements \nThe program established under subsection (a) shall— (1) provide for identification of abandoned wells to be covered by the program; (2) establish a means of ranking critical sites for priority in remediation based on potential environmental harm, other land use priorities, and public health and safety; and (3) provide as far as possible for identifying any lessees or other persons responsible for abandoned wells, and for recovering the costs of remediation to the maximum extent feasible. (c) Plan \nWithin 6 months after the date of enactment of this section, the Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall prepare a plan for implementing the program established under subsection (a). A copy of the plan shall be transmitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d) Review and report \n(1) No later than 3 years after the date of enactment of this section, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall complete a review of the status of remediation, reclamation, and closure actions under the program. (2) Upon completion of the review required by paragraph (1), the Secretary of the Interior shall provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate— (A) a report on the results of the review; (B) information regarding any wells on lands covered by the program that have been abandoned since the date of enactment of this section; and (C) any recommendations the Secretary may choose to make regarding legislative or administration steps to further the purposes for which the program was established. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of the Interior $5,000,000 for each of fiscal years 2005 through 2006 to carry out this section.", "id": "HBBF6E3D359F9409F9314715B1F592C8B", "header": "Federal remediation program" }, { "text": "403. Assistance to States and tribes \n(a) State program \nThe Secretary of the Interior, in consultation with the Secretary of Energy, shall establish a program to provide technical assistance to facilitate State efforts to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on lands that are not owned by the United States. The Secretary shall work with the States, through the Interstate Oil and Gas Compact Commission, to assist the States in quantifying and mitigating environmental risks of onshore abandoned wells on State and private lands. (b) Tribal program \nThe Secretary of the Interior, in consultation with the Secretary of Energy, shall establish a program to provide technical assistance to facilitate efforts by Indian tribes to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on Indian lands, including lands held in trust by the United States. (c) Program elements \nSo far as possible, the programs established under this section shall include— (1) mechanisms to facilitate identification of responsible parties; (2) criteria for ranking critical sites based on factors such as other land use priorities, potential environmental harm and public visibility; and (3) information and training programs regarding best practices for remediation of different types of sites. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of the Interior for activities under this section $5,000,000 for each of fiscal years 2005 through 2007.", "id": "H1041D52B5CCC4E75845252D407EE242F", "header": "Assistance to States and tribes" } ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "HA8BE8AEED01F45CB915157160341D95C", "header": "Short title" }, { "text": "2. Head of household filing status changed to single parent or guardian \n(a) In general \nThe following provisions of the Internal Revenue Code of 1986 are each amended by striking head of a household each place it appears and inserting single parent or guardian : (1) Subsection (b) of section 1. (2) Paragraphs (1) and (3) of section 2(b). (3) The table in section 25B(b). (4) Clause (iii) of section 151(c)(6)(B). (5) Subparagraph (C) of section 151(d)(3). (6) Subparagraph (A) of section 6012(a)(1). (b) Other conforming amendments \n(1) Subparagraph (B) of section 63(c)(2) of such Code is amended by striking head of household and inserting single parent or guardian. (2) Subsection (c) of section 1 of such Code is amended by striking the head of a household and inserting a single parent or guardian. (3) The heading for section 1(b) of such Code is amended to read as follows: Single parents or guardians.—. (4) The heading for section 1(c) of such Code is amended by striking heads of households and inserting single parents or guardians. (5) The heading for section 2(b) of such Code is amended to read as follows: Definition of single parent or guardian.—. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H46BDE61582474DF4A44F1623B9154919", "header": "Head of household filing status changed to single parent or guardian" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC10600D83CC84D5385E4028552FE39C", "header": "Short title" }, { "text": "2. Priorities \n(a) Priorities \nSection 507 (a) of title 11 , United States Code, is amended— (1) in paragraph (3) by striking earned within 90 days before the date of the filing of the petition or the date of the cessation of the debtor’s business, whichever occurs first, , (2) in paragraphs (3) and (4), by striking $4,000 and inserting $20,000 , (3) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively, (4) in paragraph (6), as so redesignated, by striking Fifth and inserting Sixth , (5) in paragraph (7), as so redesignated, by striking Sixth and inserting Seventh , (6) in paragraph (8), as so redesignated, by striking Seventh and inserting Eighth , (7) in paragraph (9), as so redesignated, by striking Eighth and inserting Ninth , (8) in paragraph (10), as so redesignated, by striking Ninth and inserting Tenth , (9) in paragraph (11), as so redesignated, by striking Tenth and inserting Eleventh , (10) in paragraph (10), as so redesignated, by striking Tenth and inserting Eleventh , and (11) by inserting after paragraph (4) the following: (5) Fifth, allowed unsecured claims of employees arising under section 5 of the Worker Adjustment and Retraining Notification Act.. (b) Conforming amendments \nTitle 11 of the United States Code is amended— (1) in section 502(i) by striking 507(a)(8) and inserting 507(a)(9) , (2) in section 503(b)(1)(B)(ii) by striking 507(a)(8) and inserting 507(a)(9) , (3) in section 523(a)(1)(A) by striking 507(a)(8) and inserting 507(a)(9) , (4) in section 724 by striking 507(a)(5), 507(a)(6), or 507(a)(7) and inserting 507(a)(6), 507(a)(7), or 507(a)(8) , (5) in section 726(b) by striking or (8) and inserting or (9) , (6) in section 1123(a)(1) by striking 507(a)(8) and inserting 507(a)(9) , and (7) in section 1129(a)(9)— (A) in subparagraph (B) by striking or 507(a)(7) and inserting 507(a)(7), or 507(a)(8) , and (B) subparagraph (C) by striking 507(a)(8) and inserting 507(a)(9).", "id": "H33B32418FA1B4666B7946D708F836DE5", "header": "Priorities" }, { "text": "3. Effective date; application of amendments \nThis Act and the amendments made by this Act take effect on the date of the enactment of this Act and shall apply only with respect to cases commenced after January 1, 2004, under title 11 of the United States Code.", "id": "HF5A6889BB7C14566903D5047E8808897", "header": "Effective date; application of amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Dairy Equity Act of 2004.", "id": "H79CF29206B2D4C2CBA382DF47ED31D56", "header": "Short title" }, { "text": "2. Regional Dairy Marketing Areas \nSubtitle E of title I of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7981 et seq. ) is amended— (1) by inserting before section 1501 ( 7 U.S.C. 7981 ) the following: 1 General provisions \n; and (2) by adding at the end the following: 2 Regional Dairy Marketing Areas \n1511. Definitions \nIn this chapter: (1) Board \nThe term Board means the Regional Dairy Board established for a Region under section 1514. (2) Classes of milk \nThe terms Class I milk , Class II milk , Class III milk , and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under a Federal milk marketing order. (3) Covered processor \nThe term covered processor means a person or entity operating— (A) a milk plant located in the regulated area of a Region; or (B) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area. (4) Eligible producer \n(A) The term eligible producer means an individual or entity that the Secretary determines directly or indirectly— (i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation. (B) The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502. (5) Fund \nThe term Fund means the National Dairy Producers Fund established under section 1518. (6) Federal milk marketing order \nThe term Federal milk marketing order means a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (7) Over-order premium \nThe term over-order premium means the difference between— (A) the over-order price established by the Board for the regulated area of a Region; and (B) the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order. (8) Over-order price \nThe term over-order price means the minimum price for Class I milk in the regulated area of a Region, as established by the Board by regulation under section 1515. (9) Partially regulated plant \n(A) The term partially regulated plant means— (i) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or (ii) a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in the regulated area of a different Region. (B) The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distribution occurs shall establish the minimum quantity of milk or receipts for purposes of this exclusion. (10) Participating state \nThe term participating State means a State that is designated as a participating State in a Region under section 1512. (11) Pool plant \nThe term pool plant means a milk plant located in the regulated area of a Region. (12) Region \nThe term Region means a Regional Dairy Marketing Area established under section 1513. (13) Regulated area \nThe term regulated area means that portion of a Region consisting of participating States. (14) Secretary \nThe term Secretary means the Secretary of Agriculture. 1512. Participating States \n(a) Designation of participating states \nFor the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law. (b) Termination of participation \n(1) Method of termination \nTo terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination. (2) Effective date of termination \n(A) Initial termination authority \nIf a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted. (B) Subsequent termination authority \nIf a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption of participation \nA State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State. The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice. (c) Relation to national dairy market loss payments \n(1) Election of benefits \nIn the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter. The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination \nIf an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates. (3) Protection during initial state termination period \nIf a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue contract \nAn eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph. The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter. (5) Effect of subsequent state termination or restoration of participation \nAn eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if— (A) the producer is not ineligible to receive such payments under paragraph (4); and (B) the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3). 1513. Dairy marketing areas \nThere are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States: (1) Northeast region \nA Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. (2) Southern region \nA Southern Dairy Marketing Area composed of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Midwest region \nA Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (4) Intermountain region \nAn Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming. (5) Pacific region \nA Pacific Dairy Marketing Area composed of the States of Alaska, California, Hawaii, Oregon, and Washington. 1514. Regional Dairy Boards \n(a) In general \nEach Region shall be administered by a Regional Dairy Board. (b) Composition \n(1) Number and appointment \nThe Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2). (2) Nomination process \nThe members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State. (3) Representation \nOf the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative. (c) Terms \n(1) In general \nExcept as provided in paragraph (2), each member of the Board shall serve for a term of 3 years. (2) Initial appointments \nOf the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years. (d) Voting \nThe members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board. (e) Powers \nIn carrying out this chapter in a Region, the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Region; and (B) to review the administration and costs of the laws (2) to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs; (3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in the Region periodic reports on activities and programs of the Board; (5) to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk; (6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in production and consumption of milk and milk products in the Region; (C) the level of dairy farm prices in relation to costs in the Region; (D) the financial condition of eligible producers in the Region; and (E) the need for an emergency order to relieve critical conditions on dairy farms in the regulated area; (8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region. (f) Use of other agencies \nThe Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services. (g) Technical assistance \nAt the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance. 1515. Establishment of over-order price for sale of Class I milk \n(a) Authority to establish over-order price \nSubject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and (2) is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order. (b) Maximum authorized over-order price \nDuring the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Application of over-order price and premium \n(1) Uniform prices \nIn the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or (B) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor. (2) Payment by covered processors \nAs provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area. (3) Legal obligation to pay price \nThe legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter. (4) Producer-handlers \nA producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium. (d) Equalization pools \n(1) Over-order prices \nIn the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area. (2) Pooling and equalization of over-order prices \nFor purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation. (e) Factors \nIn determining the amount of an over-order price to be established under this section, the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reasonable value of the eligible producer’s own labor and management; (C) machinery expenses; (D) interest expenses; and (E) other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies, fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer. (f) Producer settlement funds \nThe regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area. 1516. Payments from covered processors \n(a) Payments required \nSubject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effect for the regulated area for the month; by (2) the quantity of Class I milk so purchased from eligible producers during the month. (b) Reduction for any applicable equalization payments \nThe product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a). (c) Deposit of payments in fund \nThe Secretary shall deposit amounts received under this section in the Fund. 1517. Optional provisions for pricing orders \n(a) Equalization payments \n(1) In general \nIn issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price. (2) Discrimination \nThe regulations shall not discriminate against milk producers outside the regulated area. (3) Amount \nThe regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order. (b) Partially regulated plants \nThe regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants. (c) Other provisions \nThe regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers. 1518. National Dairy Producers Fund \n(a) Establishment \nThere is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund. The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall. (b) Expenditures from fund \nOn request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter. (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, required to meet current operating requirements. (2) Investments \nInvestments may be made only in interest-bearing obligations of the United States. (3) 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. (4) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. 1519. Compensation for administrative and increased food assistance costs \n(a) Administrative costs \n(1) Board assessment for administrative costs \nThe Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight. (2) Use of fund \nThe Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1). (b) Increased federal food assistance costs \nThe Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter— (1) child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ). (c) Increased state food assistance costs \nThe Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that results from carrying out this chapter. (d) Compensation of commodity credit corporation for increased milk purchases \nAt the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary. 1520. Use of fund to assist eligible producers \n(a) Provision of funds to boards \nThe Secretary shall use amounts in the Fund to make monthly payments to the Boards. (b) Amount \nThe amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month; or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent. (c) Payments to producers \nThe Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region. 1521. Producer referendum \n(a) Referendum required \nFor the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers. (b) Timing \nThe referendum shall be held in a timely manner, as determined by regulation of the Board. (c) Ballot content \n(1) In general \nThe terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum. (2) Actions \nThe nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order. (d) Approval \nAn order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (e) Cooperatives \n(1) In general \nSubject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act ) ( 7 U.S.C. 291 et seq. ) and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency \nNo cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers. (3) Notification by cooperative \n(A) In general \nAny cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative. (B) Administration \nThe notice shall be given in a timely manner as established, and in the form prescribed, by the Board. (4) Producer ballots \n(A) In general \nAny eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order. (B) Ballots \nIf a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and (ii) the Board shall— (I) remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and (II) provide the eligible producer with an independent ballot that may be cast in the referendum. (5) Notification by Board \nIn order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer. 1522. Enforcement with respect to covered processors \nIn the case of covered processors, the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by— (1) commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction; (2) referral to the State agency for enforcement by judicial or administrative remedy with the agreement of the appropriate State agency of a participating State; or (3) bringing an action for an injunction to enforce this chapter, without being compelled to allege or prove that an adequate remedy of law does not exist..", "id": "H04685AEC345649ECA5C71604A6227E5B", "header": "Regional Dairy Marketing Areas" }, { "text": "1511. Definitions \nIn this chapter: (1) Board \nThe term Board means the Regional Dairy Board established for a Region under section 1514. (2) Classes of milk \nThe terms Class I milk , Class II milk , Class III milk , and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under a Federal milk marketing order. (3) Covered processor \nThe term covered processor means a person or entity operating— (A) a milk plant located in the regulated area of a Region; or (B) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area. (4) Eligible producer \n(A) The term eligible producer means an individual or entity that the Secretary determines directly or indirectly— (i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation. (B) The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502. (5) Fund \nThe term Fund means the National Dairy Producers Fund established under section 1518. (6) Federal milk marketing order \nThe term Federal milk marketing order means a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (7) Over-order premium \nThe term over-order premium means the difference between— (A) the over-order price established by the Board for the regulated area of a Region; and (B) the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order. (8) Over-order price \nThe term over-order price means the minimum price for Class I milk in the regulated area of a Region, as established by the Board by regulation under section 1515. (9) Partially regulated plant \n(A) The term partially regulated plant means— (i) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or (ii) a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in the regulated area of a different Region. (B) The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distribution occurs shall establish the minimum quantity of milk or receipts for purposes of this exclusion. (10) Participating state \nThe term participating State means a State that is designated as a participating State in a Region under section 1512. (11) Pool plant \nThe term pool plant means a milk plant located in the regulated area of a Region. (12) Region \nThe term Region means a Regional Dairy Marketing Area established under section 1513. (13) Regulated area \nThe term regulated area means that portion of a Region consisting of participating States. (14) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H5543B098B38349C581341B29D3FE001", "header": "Definitions" }, { "text": "1512. Participating States \n(a) Designation of participating states \nFor the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law. (b) Termination of participation \n(1) Method of termination \nTo terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination. (2) Effective date of termination \n(A) Initial termination authority \nIf a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted. (B) Subsequent termination authority \nIf a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption of participation \nA State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State. The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice. (c) Relation to national dairy market loss payments \n(1) Election of benefits \nIn the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter. The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination \nIf an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates. (3) Protection during initial state termination period \nIf a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue contract \nAn eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph. The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter. (5) Effect of subsequent state termination or restoration of participation \nAn eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if— (A) the producer is not ineligible to receive such payments under paragraph (4); and (B) the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3).", "id": "HE98F5F25881248918F22B7EB00495D46", "header": "Participating States" }, { "text": "1513. Dairy marketing areas \nThere are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States: (1) Northeast region \nA Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. (2) Southern region \nA Southern Dairy Marketing Area composed of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Midwest region \nA Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (4) Intermountain region \nAn Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming. (5) Pacific region \nA Pacific Dairy Marketing Area composed of the States of Alaska, California, Hawaii, Oregon, and Washington.", "id": "HFF243C7B60D64F21AF877405BABADD1E", "header": "Dairy marketing areas" }, { "text": "1514. Regional Dairy Boards \n(a) In general \nEach Region shall be administered by a Regional Dairy Board. (b) Composition \n(1) Number and appointment \nThe Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2). (2) Nomination process \nThe members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State. (3) Representation \nOf the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative. (c) Terms \n(1) In general \nExcept as provided in paragraph (2), each member of the Board shall serve for a term of 3 years. (2) Initial appointments \nOf the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years. (d) Voting \nThe members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board. (e) Powers \nIn carrying out this chapter in a Region, the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Region; and (B) to review the administration and costs of the laws (2) to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs; (3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in the Region periodic reports on activities and programs of the Board; (5) to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk; (6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in production and consumption of milk and milk products in the Region; (C) the level of dairy farm prices in relation to costs in the Region; (D) the financial condition of eligible producers in the Region; and (E) the need for an emergency order to relieve critical conditions on dairy farms in the regulated area; (8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region. (f) Use of other agencies \nThe Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services. (g) Technical assistance \nAt the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance.", "id": "H625FC8884671418C80E62F012E48F202", "header": "Regional Dairy Boards" }, { "text": "1515. Establishment of over-order price for sale of Class I milk \n(a) Authority to establish over-order price \nSubject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and (2) is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order. (b) Maximum authorized over-order price \nDuring the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Application of over-order price and premium \n(1) Uniform prices \nIn the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or (B) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor. (2) Payment by covered processors \nAs provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area. (3) Legal obligation to pay price \nThe legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter. (4) Producer-handlers \nA producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium. (d) Equalization pools \n(1) Over-order prices \nIn the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area. (2) Pooling and equalization of over-order prices \nFor purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation. (e) Factors \nIn determining the amount of an over-order price to be established under this section, the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reasonable value of the eligible producer’s own labor and management; (C) machinery expenses; (D) interest expenses; and (E) other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies, fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer. (f) Producer settlement funds \nThe regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area.", "id": "H0279ED83AF744D0198498FA308D41356", "header": "Establishment of over-order price for sale of Class I milk" }, { "text": "1516. Payments from covered processors \n(a) Payments required \nSubject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effect for the regulated area for the month; by (2) the quantity of Class I milk so purchased from eligible producers during the month. (b) Reduction for any applicable equalization payments \nThe product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a). (c) Deposit of payments in fund \nThe Secretary shall deposit amounts received under this section in the Fund.", "id": "HB25E84FE8A534E3D9C2359D43261B7D4", "header": "Payments from covered processors" }, { "text": "1517. Optional provisions for pricing orders \n(a) Equalization payments \n(1) In general \nIn issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price. (2) Discrimination \nThe regulations shall not discriminate against milk producers outside the regulated area. (3) Amount \nThe regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order. (b) Partially regulated plants \nThe regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants. (c) Other provisions \nThe regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers.", "id": "H2567A081C8444D09A0D83C589F2D94AC", "header": "Optional provisions for pricing orders" }, { "text": "1518. National Dairy Producers Fund \n(a) Establishment \nThere is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund. The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall. (b) Expenditures from fund \nOn request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter. (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, required to meet current operating requirements. (2) Investments \nInvestments may be made only in interest-bearing obligations of the United States. (3) 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. (4) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.", "id": "HCBC2BEE336014921B479921B769F309D", "header": "National Dairy Producers Fund" }, { "text": "1519. Compensation for administrative and increased food assistance costs \n(a) Administrative costs \n(1) Board assessment for administrative costs \nThe Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight. (2) Use of fund \nThe Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1). (b) Increased federal food assistance costs \nThe Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter— (1) child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ). (c) Increased state food assistance costs \nThe Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that results from carrying out this chapter. (d) Compensation of commodity credit corporation for increased milk purchases \nAt the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary.", "id": "H8B0F788696A544FBB3F1E4AF6C655E00", "header": "Compensation for administrative and increased food assistance costs" }, { "text": "1520. Use of fund to assist eligible producers \n(a) Provision of funds to boards \nThe Secretary shall use amounts in the Fund to make monthly payments to the Boards. (b) Amount \nThe amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month; or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent. (c) Payments to producers \nThe Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region.", "id": "HC2806DDBCB6B48F785E4005C7C83CB2F", "header": "Use of fund to assist eligible producers" }, { "text": "1521. Producer referendum \n(a) Referendum required \nFor the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers. (b) Timing \nThe referendum shall be held in a timely manner, as determined by regulation of the Board. (c) Ballot content \n(1) In general \nThe terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum. (2) Actions \nThe nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order. (d) Approval \nAn order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (e) Cooperatives \n(1) In general \nSubject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act ) ( 7 U.S.C. 291 et seq. ) and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency \nNo cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers. (3) Notification by cooperative \n(A) In general \nAny cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative. (B) Administration \nThe notice shall be given in a timely manner as established, and in the form prescribed, by the Board. (4) Producer ballots \n(A) In general \nAny eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order. (B) Ballots \nIf a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and (ii) the Board shall— (I) remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and (II) provide the eligible producer with an independent ballot that may be cast in the referendum. (5) Notification by Board \nIn order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer.", "id": "HBC79AD228C18430D8B00DFD4DA63B9E", "header": "Producer referendum" }, { "text": "1522. Enforcement with respect to covered processors \nIn the case of covered processors, the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by— (1) commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction; (2) referral to the State agency for enforcement by judicial or administrative remedy with the agreement of the appropriate State agency of a participating State; or (3) bringing an action for an injunction to enforce this chapter, without being compelled to allege or prove that an adequate remedy of law does not exist.", "id": "HBBA26A7082664E82B3210093E62EC816", "header": "Enforcement with respect to covered processors" }, { "text": "3. National dairy market loss payments \nSection 1502 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7982 ) is amended by striking 2005 each place it appears in subsections (f) and (g)(1) and inserting 2007.", "id": "HB3388AA859E44692A35EFE1170568EB0", "header": "National dairy market loss payments" } ]

[ { "text": "1. Permanent resident status for Obain Attouoman \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Obain Attouoman 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 Obain Attouoman enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Obain Attouoman, 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 Obain Attouoman shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H916D3CBB0777482B9C8D8139EF8340D6", "header": "Permanent resident status for Obain Attouoman" } ]

[ { "text": "1. Increased exclusion on sale of principal residence by certain widows and widowers \n(a) In general \nSection 121(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Special rules for widows and widowers \nIn the case of an unmarried individual who was married and whose marriage ceased by reason of the death of such individual’s spouse, paragraph (1) shall be applied by substituting $500,000 for $250,000 if— (A) such property was owned by such individual or such individual’s spouse immediately before the death of such spouse, (B) the requirements of paragraphs (2)(A) and (3) would have been met if such property had been sold immediately before the death of such spouse, and (C) the sale or exchange of such property is during the 1-year period beginning on the date of the death of such spouse.. (b) Conforming amendment \nSection 121(c)(1) of such Code is amended by striking or (2) and inserting , (2), or (4). (c) Effective date \nThe amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act, in taxable years ending after such date.", "id": "H88FB1C74F6694CE6BCEF91D756AC424D", "header": "Increased exclusion on sale of principal residence by certain widows and widowers" } ]

[ { "text": "1. Exemption of scrapping of naval vessels and Maritime Administration vessels from environmental statutes governing handling of hazardous materials \nDuring the 6-year period beginning on the date of the enactment of this Act, the Secretary of Defense may carry out scrapping of naval vessels and the Secretary of Transportation may carry out scrapping of Maritime Administration vessels, without regard to the following Acts: (1) The Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. ). (2) The Resource Conservation and Recovery Act of 1976 ( 42 U.S.C. 6901 et seq. ). (3) The Clean Air Act ( 42 U.S.C. 7401 et seq. ). (4) The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ).", "id": "HAC2F2D5D448044999DFE2D415C00CAE", "header": "Exemption of scrapping of naval vessels and Maritime Administration vessels from environmental statutes governing handling of hazardous materials" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H597C271226C2475E96A7F11756AAB53F", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Director \nThe term Director means the Director of the National Science Foundation. (2) Elementary school and secondary school \nThe terms elementary school and secondary school have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "H434D64E53E88423ABE95BF6E5C7C2867", "header": "Definitions" }, { "text": "3. Establishment of program \nThe Director shall establish a Congressional Medal for Outstanding Contributions in Math and Science Education program, which shall be designed to— (1) recognize private entities for outstanding efforts supporting elementary and secondary schools in improving student achievement in science, technology, engineering, and mathematics; (2) encourage private entities to support elementary and secondary schools to improve and underscore the importance of science, technology, engineering, and mathematics education; and (3) make information about medal recipients available to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public.", "id": "HFFC10536526F4821A078F71CA6F085A3", "header": "Establishment of program" }, { "text": "4. Medals \n(a) Finalists \nBeginning not later than 2 years after the date of enactment of this Act, the Director shall annually name as finalists for medals under this Act— (1) not more than 20 private entities with more than 500 employees; and (2) not more than 20 private entities with 500 or fewer employees. Each finalist shall receive a citation describing the basis for the entity achieving status as a finalist. (b) Medal winners \nBeginning not later than 2 years after the date of enactment of this Act, from among finalists named under subsection (a), the Director shall annually award medals under this Act to— (1) not more than 5 private entities with more than 500 employees; and (2) not more than 5 private entities with 500 or fewer employees. (c) Distribution of information \n(1) The Director shall distribute information about the Congressional Medal for Outstanding Contributions in Math and Science Education recipients under this Act in a timely and efficient manner (including through the use of a searchable online database) to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public. (2) An entity that is a finalist or receives a medal under this section may use such information for advertising and other publicity purposes.", "id": "HE7DA8C82033A4DF68B456C9F2ED3B6B1", "header": "Medals" }, { "text": "5. Eligibility \nAny private entity that has, whether working alone or in partnership with for-profit or nonprofit entities, assisted students, teachers, administrators, or other support staff to improve student achievement in science, technology, engineering, and mathematics in a school or community shall be eligible to receive a medal under section 4. The entity must have been involved in such activities in a sustained manner for at least 2 years with at least one elementary or secondary school.", "id": "HF137C992BAE14E499B4769BDE8DA385B", "header": "Eligibility" }, { "text": "6. Application \nThe Director shall establish a system for accepting applications from entities seeking to be considered for a medal under this Act. Applications shall include at least two letters of support, which may come from teachers, professional support staff, administrators, professional or business organizations, local, county, or State Departments of Education, or any other category of persons as designated by the Director. Letters of support shall describe the reasons the entity deserves the medal.", "id": "HDDD31DC2B6D5497D9723C3DFCE65E6D1", "header": "Application" }, { "text": "7. Selection \nIn selecting entities to receive medals under this Act, the Director shall give priority consideration to evidence of improved student achievement in science, technology, engineering, or mathematics. In addition to any other criteria the Director may establish, the Director shall also consider the following: (1) Evidence of innovative approaches to increase interest by students in science, technology, engineering, and mathematics, such as an increase in the number of students enrolled in advanced courses related to such fields. (2) Evidence of employee interaction with students or teachers to support and improve mathematics and science learning. (3) Evidence of success in positively influencing student attitudes and promoting education and career opportunities in science, technology, engineering, and mathematics. (4) Evidence of successful outreach to students, parents, and the community regarding the importance of mathematics and science education to the Nation’s prosperity, job creation, and standard of living, as well as future earning potential for the individual. (5) Evidence of a strong and sustained commitment to the students and schools.", "id": "HA6CC02955EFE46909FD6D193F2617651", "header": "Selection" }, { "text": "8. Authorization of appropriations \nFor each of fiscal years 2005 through 2007, there are authorized to be appropriated to the National Science Foundation such sums as may be necessary for carrying out this Act, to be derived from amounts authorized by the National Science Foundation Authorization Act of 2002.", "id": "HD5CB03A4FB904A6281383D4BB807E2D", "header": "Authorization of appropriations" } ]

[ { "text": "1. Findings \nThe Congress finds the following: (1) On July 17, 2002, 18 illegal immigrants were taken into custody by the Tulsa County Sheriff’s Department and then later released by the former Immigration and Naturalization Service. The group included 3 minors. (2) On August 13, 2002, an immigration task force meeting convened in Tulsa, Oklahoma, with the goal of bringing together local law enforcement and the Immigration and Naturalization Service to open a dialogue to find effective ways to better enforce Federal immigration laws in the first District of Oklahoma. (3) On January 22, 2003, 4 new agents at the Immigration and Naturalization Service office in Oklahoma City were hired. (4) On January 30, 2003, Oklahoma’s Immigration and Naturalization Service office added 6 new special agents to their staff. (5) On September 22, 2004, U.S. Immigration and Customs Enforcement authorized the release of 18 possible illegal aliens that were in the custody of the City of Catoosa, Oklahoma Police Department. Catoosa Police stopped a truck carrying 18 persons, including children, in the early morning hours. Only 2 of the detainees produced identification. One adult was arrested on drug possession charges, while the remaining individuals were released. (6) Oklahoma has 1 U.S. Immigration and Customs Enforcement office located in Oklahoma City, Oklahoma. Currently, 12 U.S. Immigration and Customs Enforcement agents serve 3,500,000 people. (7) Oklahoma Interstate Highways I–44 and I–75 are major roads through Tulsa and serve for the transportation of illegal immigrants to all areas of the United States. (8) The establishment of a U.S. Immigration and Customs Enforcement Office of Investigations field office in Tulsa, Oklahoma, will help enforce Federal immigration laws in eastern Oklahoma. (9) There are 7 Drug Enforcement Administration agents, and an estimated 22 Federal Bureau of Investigation agents, headquartered in Tulsa, Oklahoma, while no U.S. Immigration and Customs Enforcement agents are located in Tulsa.", "id": "HBE39CE0212694A578D5FABB7F8038F3", "header": "Findings" }, { "text": "2. Establishment of I.C.E. field office in Tulsa \nSubject to the availability of appropriated funds, not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a U.S. Immigration and Customs Enforcement Office of Investigations field office in Tulsa, Oklahoma.", "id": "HFF949653F7794EC58E8F346B4D4122B3", "header": "Establishment of I.C.E. field office in Tulsa" } ]

[ { "text": "1. Short title and table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Sec. 2. Individual security accounts Sec. 3. Minimum social security benefit Sec. 4. Reduction in the amount of certain transfers to medicare trust fund Sec. 5. Revised formula for average indexed monthly earnings Sec. 6. Actuarial adjustment for retirement Sec. 7. CPI overstatement Sec. 8. Adjustments to bend points in determining primary insurance amounts Sec. 9. Adjustment to benefit formula factors Sec. 10. Modification to PIA formula to reflect changes to life expectancy Sec. 11. Treatment of disabled beneficiaries Sec. 12. Maintenance of benefit and contribution base Sec. 13. Acceleration of increase in social security eligibility age Sec. 14. Mechanism for remedying unforeseen deterioration in social security solvency Sec. 15. Increase in widow’s and widower’s insurance benefits Sec. 16. Limitation on benefits of married couple to level of maximum worker benefits", "id": "HBD8026FABBDE42279DE49DF5F44E4DEC", "header": "Short title and table of contents" }, { "text": "2. Individual security accounts \n(a) Establishment and Maintenance of Individual Security Accounts \n(1) In general \nTitle II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended— (A) by inserting before section 201 the following: A Insurance benefits \n; and (B) by adding at the end the following: B Individual security system \n1 Individual security accounts \n251. Federally-administered individual security account \n(a) Establishment \n(1) In general \nWithin 30 days after receiving the first contribution under subsection (b) with respect to an eligible individual, the Commissioner of Social Security shall establish an individual security account for such individual in the Individual Security Fund. Each account shall be identified to its account holder by means of the account holder’s social security account number. (2) Eligible individual \nFor purposes of this part, the term eligible individual means any individual born after December 31, 1949. (b) Contributions \n(1) In general \nThe Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to the individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. (2) Other contributions \nFor provisions relating to additional contributions credited to individual security accounts, see sections 54(d) and 6402(l) of the Internal Revenue Code of 1986. (c) Crediting Requirements \nExcept as otherwise provided in section 252, contributions under subsection (b) on behalf of an eligible individual shall be credited— (1) to the individual security account established for such individual under subsection (a); and (2) in accordance with the allocation in effect with respect to such individual under subsection (d). (d) Allocation and Other Designations \n(1) In general \nThe Commissioner of Social Security shall prescribe regulations in accordance with which any eligible individual who is employed or self-employed may designate— (A) in the event that 2 or more investment options are available in the Individual Security Fund— (i) the option or options to which such individual wishes to have such individual's contributions under subsection (b) credited; and (ii) if such individual designates more than 1 option under clause (i), how such individual wishes for those contributions to be allocated; and (B) the amount of wages or self-employment income such individual wishes to designate for purposes of section 3101(a)(2)(C) or 1401(a)(2)(C) of the Internal Revenue Code of 1986 (as applicable), if any. (2) Default allocation \nIn the absence of a required designation under paragraph (1)(A), contributions on behalf of the individual involved shall be allocated in such manner as the Commissioner of Social Security shall prescribe, taking into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. (3) Form of designation \nAny designation under paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and to avoid creating an undue burden on employers. (4) Special rule for 2006 \nNot later than January 1, 2006, any eligible individual who is employed or self-employed as of such date shall execute all designations required under paragraph (1). (e) Periodic Statements to Account Holder \n(1) In general \nThe Individual Security Fund Board shall prescribe regulations under which each individual for whom an individual security account is maintained under this section shall be furnished with— (A) a periodic statement relating to the individual's account, including, for any reporting period as of the end of which the individual's account balance is at least equal to the minimum balance amount (within the meaning of section 252), clear and conspicuous notice to that effect; (B) a summary description of any investment options or other choices which may be available to such individual under this section or under section 252 (as applicable); and (C) any forms and information necessary to make a designation under subsection (d) or section 252 (as applicable). (2) Informed decisionmaking \nAll information, materials, and other matter furnished under this subsection shall be furnished to the account holder at such times and in such manner as the Board considers appropriate in order to permit informed decisionmaking. 252. Privately-administered individual security account \n(a) Definitions \nFor purposes of this part— (1) Minimum deposit amount \n(A) In general \nThe term minimum deposit amount means an amount equal to $7,500, as adjusted under subparagraph (B). (B) Adjustment \nThe Secretary of the Treasury shall adjust annually (effective for periods beginning after December 2003) 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 $10 shall be rounded to the nearest multiple of $10. (2) Federally-administered individual security account \nThe term Federally-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, in the Individual Security Fund. (3) Privately-administered individual security account \nThe term privately-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, by a certified institution. (4) Certified institution \nThe term certified institution refers to an investment firm, credit union, insurance company, or other certified institution under subpart 3. (b) Option To Designate a Privately-Administered Individual Security Account \n(1) In general \nUnder regulations prescribed by the Individual Security Fund Board, whenever the balance in an individual's Federally-administered individual security account is at least equal to the minimum deposit amount, such individual shall be eligible to designate a privately-administered individual security account (established and maintained on such individual's behalf) to serve as such individual's individual security account under this part, in lieu of such individual's Federally-administered individual security account. (2) Effect of designation \nIf an individual makes a designation under paragraph (1)— (A) the entire balance in the individual's Federally-administered individual security account shall be promptly transferred to the privately-administered individual security account specified by such individual in such designation; and (B) that privately-administered individual security account shall, for all purposes, be treated as the electing individual's individual security account, subject to paragraph (4). (3) Regulatory management of private investment \nA designation under this subsection shall not be effective unless it is made in such time, form, and manner as the Individual Security Fund Board prescribes. The Individual Security Fund Board shall— (A) maintain individual account records, and (B) combine account transactions with certified institutions maintaining privately-administered individual security accounts in aggregate amounts, in the same manner as is applicable with respect to records and account transactions with respect to Federally administered individual security accounts. (4) Subsequent designations \nThe Individual Security Fund Board shall provide by regulation opportunity for subsequent designation, from time to time, of another individual security account in lieu of the account previously designated under this section, subject to the following: (A) Options available \nThe account designated under this paragraph may be either within— (i) another certified institution, subject to subparagraph (B); or (ii) the Individual Security Fund. (B) Minimum balance \nIn order to make a designation referred to in subparagraph (A)(i), the balance in the individual's individual security account must be at least equal to the minimum deposit amount. No minimum balance requirement under this subparagraph shall apply in the case of a designation referred to in subparagraph (A)(ii). (C) Only 1 account permitted at any time \nAn individual may not, at any time, concurrently maintain— (i) a privately-administered individual security account with each of 2 or more certified institutions; or (ii) a privately-administered and a Federally-administered individual security account. (D) Effect \nA designation under this paragraph has (with respect to the individual's respective accounts, before and after such designation) the same effect as results following a designation under paragraph (2) (with respect to the Federally-administered and privately-administered accounts involved). 253. Distributions from individual security accounts \n(a) Date of Earliest Distribution \nExcept as provided in subsection (c), distributions may not be made from the Federally-administered or privately-administered individual security account of an eligible individual (as the case may be) before the earlier of— (1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age, as so determined, if elected by such individual), or (2) the date on which funds in the eligible individual's account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to 1/12 of 185 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i). (b) Forms of Distribution \n(1) Required monthly payments \nExcept as provided in paragraph (2), beginning as of the date distributions begin to be made in accordance with subsection (a), the balance in the individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board or the Securities and Exchange Commission, as applicable), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board or Commission, as applicable) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code. (2) Payment of excess funds \nTo the extent funds remain in an eligible individual's Federally-administered or privately-administered individual security account (as the case may be) after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual. (c) Distribution in the event of death before the date of initial distribution \nIf the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed to the individual's heirs under rules established by the Individual Security Fund Board or the Securities and Exchange Commission, as applicable. 2 Individual security fund; individual security fund board \n261. Individual security fund \nThere shall be established and maintained in the Treasury of the United States an Individual Security Fund in the same manner as the Thrift Savings Fund under sections 8437 (excluding paragraphs (4) and (5) of subsection (c) thereof), 8438, and 8439 of title 5, United States Code. 262. Individual security fund board \n(a) Establishment \nThere shall be established and maintained in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. (b) Specific investment and reporting duties \nThe Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and on Federally-administered individual security accounts in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. (c) Budgetary treatment of individual security fund and accounts \nThe receipts and disbursements of the Individual Security Fund and any accounts within such Fund 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 expenditures and net lending (budget outlays) of the United States Government. (d) Commissioner of social security as executive director \nThe Commissioner of Social Security shall have, with respect to the Individual Security Fund and accounts within such Fund, the same duties and responsibilities as does the Executive Director (appointed under section 8474(a) of title 5, United States Code) with respect to the Thrift Savings Fund and accounts within such Fund. 3 Certified institutions \n271. Certification of institutions by securities and exchange commission \n(a) In general \nFor purposes of this part, any institution that is engaged, in a fiduciary capacity, in the business of maintaining accounts for individuals for purposes of investment may apply to the Securities and Exchange Commission (in such form and manner as the Commission shall by regulation require) for certification under this subpart. (b) Review requirements \nIn reviewing any application for certification under this subpart and determining whether to approve the application for certification, the Commission shall consider the following factors: (1) The financial history and condition of the institution. (2) The adequacy of the institution's capital structure. (3) The future earnings prospects of the institution. (4) The general character and fitness of the management of the institution. (5) The convenience and needs of individuals who are account holders with respect to personal retirement accounts for which the institution is to serve as trustee. (6) Whether the institution's corporate powers are consistent with the purposes of this part. (7) The institution's disclosure policies, including with respect to its administrative fees, investment policies, and investment activities. (8) The appropriateness of— (A) the fund or funds that such institution proposes to offer for purposes of this part, and (B) the criteria by which such institution will make future decisions regarding the selection of new funds or the making of any other modifications in the investment options offered by such institution for purposes of this part, as determined based on guidelines established by the Commission for purposes of this paragraph. (c) Notice of denial of application for certification \nIf the Commission votes to deny any application for certification by any institution, the Commission shall promptly notify the institution of the denial of such application, giving specific reasons in writing for the Commission's determination with reference to the factors described in subsection (b). (d) Nondelegation requirement \nThe authority of the Commission to make any determination to deny any application under this section may not be delegated by the Commission. 272. Revocation of certification \n(a) In general \nThe Securities and Exchange Commission shall prescribe regulations in accordance with which the certified status of an institution may be voluntarily or involuntarily revoked. (b) Judicial review \nAny party to any involuntary revocation proceeding under this section to which an institution is a party may obtain a review of any order served pursuant to this section by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Commission be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Commission. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Commission. 273. Fiduciary duties \n(a) In general \nIn the case of a privately-administered individual security account which does not form part of an individual account plan covered under part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, rules similar to the rules of such part 4 applicable to individual account plans covered under such part 4 shall apply with respect to a privately-administered individual security account and the terms of any arrangement under which such account is maintained. (b) General requirements \nIn applying under subsection (a) the rules of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 in the case of a privately-administered individual security account, references in such part to the Secretary of Labor shall be deemed to be references to the Securities and Exchange Commission, references in such part to a participants or beneficiary in connection with an individual account plan covered under such part shall be deemed to be references to the account holder with respect to the privately-administered individual security account, and references in such part to the plan administrator or plan sponsor in connection with an individual account plan covered under such part shall be deemed to be references to the trustee of the privately-administered individual security account. (c) Limitation on liability \nAny account holder who issues an instruction to the trustee of the account directing an investment of funds held in the account shall sign an acknowledgement prescribed by the Securities and Exchange Commission which states that the account holder understands that an investment of any amount in the account is made at the account holder's risk, that the account holder is not protected by the Government or by the trustee against any loss on such investment, and that a return on such investment is not guaranteed by the Government or by the trustee. Notwithstanding the preceding provisions of this section and any other provision of Federal or State law, the trustee of a privately-administered individual security account shall not be liable for losses suffered in connection with any investment of assets held in the account unless it is shown by clear and convincing evidence that the trustee did not act in the manner in which a reasonable trustee would act under the circumstances then prevailing in evaluating the risk and reward properties of the investment option involved. 4 Enforcement \n281. Cause of action \nThe account holder with respect to a privately-administered individual security account who is adversely affected by an act or practice of any party (other than the Securities and Exchange Commission, the Social Security Administration, the Department of the Treasury, or any officer or employee of any of the foregoing) in violation of any provision of this part, may bring an action— (1) to enjoin such act or practice, or (2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision. 282. Jurisdiction and venue \nCivil actions under this subpart may be brought in the district courts of the United States in the district where the privately-administered individual security account is administered, where the violation took place, or where a defendant resides or may be found, and process may be served in any district where a defendant resides or may be found. The district courts of the United State shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to grant the relief provided for in section 281 in any action. 283. Right of securities and exchange commission to intervene \nA copy of the complaint or notice of appeal in any action under this subpart shall be served upon the Securities and Exchange Commission by certified mail. The Commission shall each have the right to intervene in any action. 284. Awards of costs and expenses \nIn any action brought under this subpart, the court in its discretion may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to any party who prevails or substantially prevails in such action. 285. Limitation on actions \n(a) In General \nExcept as provided in subsection (c), an action under this subpart may not be brought after the later of— (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the applicable date specified in subsection (b). (b) Applicable date \nThe applicable date specified in this subsection is the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action. (c) Cases of fraud or concealment \nIn the case of fraud or concealment, the period described in subsection (a)(2) shall be extended to 6 years after the applicable date specified in subsection (b). 286. Penalty for failure to timely provide required information \nThe Securities and Exchange Commission may assess a penalty, payable to it, against any person who fails to provide any notice or other material information required under this part or any regulations prescribed under this part within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues. 287. Actions by securities and exchange commission \nIf any person is assessed under this subpart and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this part, the Securities and Exchange Commission may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this part, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Commission without regard to the amount in controversy. 288. Criminal penalty for fraud or intentional misrepresentation in connection with investment options \nAny person who makes, or causes to be made, a statement or representation of a material fact for use in selecting an investment option that the person knows or should know is false or misleading or knows or should know omits a material fact or makes such a statement with knowing disregard for the truth shall upon conviction be fined not more than $500,000 or imprisoned for not more than 5 years, or both.. (b) Modification of FICA Rates \n(1) Employees \nSection 3101(a) of the Internal Revenue Code of 1986 (relating to tax on employees) is amended to read as follows: (a) Old-Age, Survivors, and Disability Insurance \n(1) In general \n(A) Individuals covered under part a of title ii of the social security act \nIn addition to other taxes, there is hereby imposed on the income of every individual who is not a part B eligible individual a tax equal to 6.2 percent of the wages received by him with respect to employment. (B) Individuals covered under part B of title II of the social security act \n(i) In general \nIn addition to other taxes, there is hereby imposed on the income of every part B eligible individual a tax equal to the applicable percentage of the wages received by such individual with respect to employment. (ii) Applicable percentage \nFor purposes of clause (i), the term applicable percentage means the excess of 6.2 percent, over (I) 3 percent, in the case of the first $10,000 of such wages received in the calendar year, and (II) 2 percent, in the case of any additional such wages received in the calendar year. (2) Contribution of oasdi tax reduction to individual security accounts \nIn addition to other taxes, there is hereby imposed on the income of every part B eligible individual for the calendar year an individual security account contribution equal to the sum of— (A) 3 percent of so much of the wages as does not exceed the first $10,000 received in such calendar year by such individual with respect to employment, (B) 2 percent of the excess of— (i) such wages, over (ii) the wages taken into account under subparagraph (A), plus (C) so much of such wages (not to exceed $5,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. (3) Inflation adjustments \n(A) In general \nIn the case of any calendar year beginning after 2006, the $10,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the wage increase percentage (if any) for such year. (B) Designated contributions \nIn the case of any calendar year beginning after 2008, the $5,000 amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the percentage increase (if any) for such year determined under section 215(i) of the Social Security Act. (C) Rounding \nIf any dollar amount after being increased under subparagraph (A) or (B) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. (4) Definitions \nFor purposes of this subsection— (A) Wages \nThe term wages shall have the meaning given to such term by section 3121(a). (B) Employment \nThe term employment shall have the meaning given to such term by section 3121(b). (C) Wage increase percentage \nThe term wage increase percentage , with respect to a calendar year, means the percentage increase which would become effective under section 215(i)(2) of the Social Security Act in such year if such increase were determined as described in section 215(i)(5)(A)(i) of such Act.. (2) Self-employed \nSection 1401(a) of the Internal Revenue Code of 1986 (relating to tax on self-employment income) is amended to read as follows: (a) Old-age, survivors, and disability insurance \n(1) In general \n(A) Individuals covered under part a of the social security act \nIn addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual who is not a part B eligible individual for the calendar year ending with or during such taxable year, a tax equal to 12.40 percent of the amount of the self-employment income for such taxable year. (B) Individuals covered under part B of title ii of the Social Security Act \n(i) In general \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (ii) Applicable percentage \nFor purposes of clause (i), the term applicable percentage means the excess of 12.4 percent, over (I) 3 percent, in the case of the first $10,000 of self-employment income received in the calendar year, and (II) 2 percent, in the case of any additional self-employment income received in the calendar year. (2) Contribution of oasdi tax reduction to individual security accounts \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual for the calendar year, an individual security account contribution equal to the sum of— (A) 3 percent of self-employment income as does not exceed the first $10,000 of such income derived during the taxable year by such individual, (B) 2 percent of self-employment income in the case of any additional self-employment income derived by such individual during the taxable year, and (C) so much of such self-employment income (not to exceed $5,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. (3) Inflation adjustments \n(A) In general \nIn the case of any calendar year beginning after 2006, the $10,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the wage increase percentage (if any) for such year, (B) Designated contributions \nIn the case of any calendar year beginning after 2008, the $5,000 amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the percentage increase (if any) for such year determined under section 215(i) of the Social Security Act. (C) Rounding \nIf any dollar amount after being increased under subparagraph (A) or (B) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. (4) Definition \nFor purposes of this subsection, the term wage increase percentage , with respect to a calendar year, means the percentage increase which would become effective under section 215(i)(2) of the Social Security Act in such year if such increase were determined as described in section 215(i)(5)(A)(i) of such Act.. (3) Part B eligible individual \n(A) Taxes on employees \nSection 3121 of such Code (relating to definitions) is amended by inserting after subsection (s) the following new subsection: (t) Part B eligible individual \nFor purposes of this chapter, the term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.. (B) Self-employment tax \nSection 1402 of such Code (relating to definitions) is amended by adding at the end the following new subsection: (k) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.. (4) Effective dates \n(A) Employees \nThe amendments made by paragraphs (1) and (3)(A) apply to remuneration paid after December 31, 2005. (B) Self-employed individuals \nThe amendments made by paragraphs (2) and (3)(B) apply to taxable years beginning after December 31, 2005. (c) Matching contributions \n(1) In general \nPart IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: H Individual security account credits \nSec. 54. Individual security account credit 54. Individual security account credit \n(a) Allowance of credit \nEach part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of— (1) $150, (2) 50 percent of the designated wages of such individual for the taxable year, (3) 50 percent of the designated self-employment income of such individual for the taxable year, and (4) 50 percent of the designated earned income credit. (b) Limitations \n(1) Amount \nThe amount determined under paragraphs (2) and (3) of subsection (a) with respect to such individual for any taxable year may not exceed the excess (if any) of— (A) $600, over (B) the sum of the amounts received by the Secretary on behalf of such individual under subparagraphs (A) and (B) of section 3101(a)(2) and subparagraphs (A) and (B) of 1401(a)(2) for the taxable year. (2) Failure to make voluntary contributions \nIn the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(C) plus the amount self-employment income designated under section 1401(a)(2)(C) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero. (c) Definitions \nFor purposes of this section— (1) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. (2) Designated wages \nThe term designated wages means with respect to any taxable year the amount designated under section 3101(a)(2)(C). (3) Designated self-employment income \nThe term designated self-employment income means with respect to any taxable year the amount designated under section 1401(a)(2)(C) for such taxable year. (4) Designated earned income credit \nThe term designated earned income credit means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act. (d) Credit Used Only for Individual Security Account \nFor purposes of this title, the credit allowed under this section with respect to any part B eligible individual— (1) shall not be treated as a credit allowed under this part, but (2) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.. (2) Contribution of eitc amounts to individual security accounts \nSection 32 of such Code (relating to earned income) is amended by adding at the end the following new subsection: (n) Contribution to individual security account \n(1) In general \nAn eligible part B individual who is allowed a credit under this section may designate all or a portion of such credit as a contribution to the individual security account established on behalf of such individual. (2) Credit used only for individual security account \nFor purposes of this title, the amount designated under paragraph (1) with respect to any part B individual— (A) shall not be treated as a credit allowed under this section, but (B) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.. (3) Contribution of credited amounts to individual security account \n(A) Credited amounts treated as overpayment of tax \nSubsection (b) of section 6401 (relating to excessive credits) is amended by adding at the end the following new paragraph: (3) Special rule for credit under sections 32 and 54 \nSubject to the provisions of section 6402(l), the following sum shall be considered an overpayment— (A) Section 54 credit \nThe amount of any credit allowed under section 54 for any taxable year, plus (B) Section 32 designated earned income credit contribution \nThe amount of the earned income credit designated as a contribution to an individual security account under section 32(n) for the taxable year.. (B) Transfer of credit amount to individual security account \nSection 6402 of such Code (relating to authority to make credits or refunds) is amended by adding at the end the following new subsection: (l) Overpayments attributable to individual security account credit \nIn the case of any overpayment described in section 6401(b)(3) with respect to any individual, the Secretary shall transfer for crediting by the Commissioner of Social Security to the individual security account of an such individual, an amount equal to the amount of such overpayment.. (4) Notice to eitc recipients of matching contributions to individual security accounts \nIn connection with information and tax forms relating to the credit allowed under section 32 of the Internal Revenue Code of 1986, the Secretary of the Treasury shall provide notice of the availability of matching contributions pursuant to section 54 of such Code (as added by subsection (a) of this section) to individual security accounts under part B of title II of the Social Security Act. (5) Conforming amendments \n(A) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end , or enacted by the. (B) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subpart H. Individual security account credits.. (6) Effective date \nThe amendments made by this subsection shall apply to refunds payable after December 31, 2005.", "id": "HB4C0F6D7E59543A683F31303672FC3E6", "header": "Individual security accounts" }, { "text": "251. Federally-administered individual security account \n(a) Establishment \n(1) In general \nWithin 30 days after receiving the first contribution under subsection (b) with respect to an eligible individual, the Commissioner of Social Security shall establish an individual security account for such individual in the Individual Security Fund. Each account shall be identified to its account holder by means of the account holder’s social security account number. (2) Eligible individual \nFor purposes of this part, the term eligible individual means any individual born after December 31, 1949. (b) Contributions \n(1) In general \nThe Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to the individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. (2) Other contributions \nFor provisions relating to additional contributions credited to individual security accounts, see sections 54(d) and 6402(l) of the Internal Revenue Code of 1986. (c) Crediting Requirements \nExcept as otherwise provided in section 252, contributions under subsection (b) on behalf of an eligible individual shall be credited— (1) to the individual security account established for such individual under subsection (a); and (2) in accordance with the allocation in effect with respect to such individual under subsection (d). (d) Allocation and Other Designations \n(1) In general \nThe Commissioner of Social Security shall prescribe regulations in accordance with which any eligible individual who is employed or self-employed may designate— (A) in the event that 2 or more investment options are available in the Individual Security Fund— (i) the option or options to which such individual wishes to have such individual's contributions under subsection (b) credited; and (ii) if such individual designates more than 1 option under clause (i), how such individual wishes for those contributions to be allocated; and (B) the amount of wages or self-employment income such individual wishes to designate for purposes of section 3101(a)(2)(C) or 1401(a)(2)(C) of the Internal Revenue Code of 1986 (as applicable), if any. (2) Default allocation \nIn the absence of a required designation under paragraph (1)(A), contributions on behalf of the individual involved shall be allocated in such manner as the Commissioner of Social Security shall prescribe, taking into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. (3) Form of designation \nAny designation under paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and to avoid creating an undue burden on employers. (4) Special rule for 2006 \nNot later than January 1, 2006, any eligible individual who is employed or self-employed as of such date shall execute all designations required under paragraph (1). (e) Periodic Statements to Account Holder \n(1) In general \nThe Individual Security Fund Board shall prescribe regulations under which each individual for whom an individual security account is maintained under this section shall be furnished with— (A) a periodic statement relating to the individual's account, including, for any reporting period as of the end of which the individual's account balance is at least equal to the minimum balance amount (within the meaning of section 252), clear and conspicuous notice to that effect; (B) a summary description of any investment options or other choices which may be available to such individual under this section or under section 252 (as applicable); and (C) any forms and information necessary to make a designation under subsection (d) or section 252 (as applicable). (2) Informed decisionmaking \nAll information, materials, and other matter furnished under this subsection shall be furnished to the account holder at such times and in such manner as the Board considers appropriate in order to permit informed decisionmaking.", "id": "H2D97F675153641378E4277AB1E25B511", "header": "Federally-administered individual security account" }, { "text": "252. Privately-administered individual security account \n(a) Definitions \nFor purposes of this part— (1) Minimum deposit amount \n(A) In general \nThe term minimum deposit amount means an amount equal to $7,500, as adjusted under subparagraph (B). (B) Adjustment \nThe Secretary of the Treasury shall adjust annually (effective for periods beginning after December 2003) 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 $10 shall be rounded to the nearest multiple of $10. (2) Federally-administered individual security account \nThe term Federally-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, in the Individual Security Fund. (3) Privately-administered individual security account \nThe term privately-administered individual security account means an individual security account maintained, in accordance with applicable provisions of this part, by a certified institution. (4) Certified institution \nThe term certified institution refers to an investment firm, credit union, insurance company, or other certified institution under subpart 3. (b) Option To Designate a Privately-Administered Individual Security Account \n(1) In general \nUnder regulations prescribed by the Individual Security Fund Board, whenever the balance in an individual's Federally-administered individual security account is at least equal to the minimum deposit amount, such individual shall be eligible to designate a privately-administered individual security account (established and maintained on such individual's behalf) to serve as such individual's individual security account under this part, in lieu of such individual's Federally-administered individual security account. (2) Effect of designation \nIf an individual makes a designation under paragraph (1)— (A) the entire balance in the individual's Federally-administered individual security account shall be promptly transferred to the privately-administered individual security account specified by such individual in such designation; and (B) that privately-administered individual security account shall, for all purposes, be treated as the electing individual's individual security account, subject to paragraph (4). (3) Regulatory management of private investment \nA designation under this subsection shall not be effective unless it is made in such time, form, and manner as the Individual Security Fund Board prescribes. The Individual Security Fund Board shall— (A) maintain individual account records, and (B) combine account transactions with certified institutions maintaining privately-administered individual security accounts in aggregate amounts, in the same manner as is applicable with respect to records and account transactions with respect to Federally administered individual security accounts. (4) Subsequent designations \nThe Individual Security Fund Board shall provide by regulation opportunity for subsequent designation, from time to time, of another individual security account in lieu of the account previously designated under this section, subject to the following: (A) Options available \nThe account designated under this paragraph may be either within— (i) another certified institution, subject to subparagraph (B); or (ii) the Individual Security Fund. (B) Minimum balance \nIn order to make a designation referred to in subparagraph (A)(i), the balance in the individual's individual security account must be at least equal to the minimum deposit amount. No minimum balance requirement under this subparagraph shall apply in the case of a designation referred to in subparagraph (A)(ii). (C) Only 1 account permitted at any time \nAn individual may not, at any time, concurrently maintain— (i) a privately-administered individual security account with each of 2 or more certified institutions; or (ii) a privately-administered and a Federally-administered individual security account. (D) Effect \nA designation under this paragraph has (with respect to the individual's respective accounts, before and after such designation) the same effect as results following a designation under paragraph (2) (with respect to the Federally-administered and privately-administered accounts involved).", "id": "H980D04A0187D4376908BEC6559D600C7", "header": "Privately-administered individual security account" }, { "text": "253. Distributions from individual security accounts \n(a) Date of Earliest Distribution \nExcept as provided in subsection (c), distributions may not be made from the Federally-administered or privately-administered individual security account of an eligible individual (as the case may be) before the earlier of— (1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age, as so determined, if elected by such individual), or (2) the date on which funds in the eligible individual's account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to 1/12 of 185 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i). (b) Forms of Distribution \n(1) Required monthly payments \nExcept as provided in paragraph (2), beginning as of the date distributions begin to be made in accordance with subsection (a), the balance in the individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board or the Securities and Exchange Commission, as applicable), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board or Commission, as applicable) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code. (2) Payment of excess funds \nTo the extent funds remain in an eligible individual's Federally-administered or privately-administered individual security account (as the case may be) after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual. (c) Distribution in the event of death before the date of initial distribution \nIf the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed to the individual's heirs under rules established by the Individual Security Fund Board or the Securities and Exchange Commission, as applicable.", "id": "HA1B9C58DA6BB4E289E44E402DA0085E", "header": "Distributions from individual security accounts" }, { "text": "261. Individual security fund \nThere shall be established and maintained in the Treasury of the United States an Individual Security Fund in the same manner as the Thrift Savings Fund under sections 8437 (excluding paragraphs (4) and (5) of subsection (c) thereof), 8438, and 8439 of title 5, United States Code.", "id": "H9D1A958181DC431DB2F0B297CCDCD766", "header": "Individual security fund" }, { "text": "262. Individual security fund board \n(a) Establishment \nThere shall be established and maintained in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. (b) Specific investment and reporting duties \nThe Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and on Federally-administered individual security accounts in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. (c) Budgetary treatment of individual security fund and accounts \nThe receipts and disbursements of the Individual Security Fund and any accounts within such Fund 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 expenditures and net lending (budget outlays) of the United States Government. (d) Commissioner of social security as executive director \nThe Commissioner of Social Security shall have, with respect to the Individual Security Fund and accounts within such Fund, the same duties and responsibilities as does the Executive Director (appointed under section 8474(a) of title 5, United States Code) with respect to the Thrift Savings Fund and accounts within such Fund.", "id": "H43A3F59441664327A800B72D7FFB6BFD", "header": "Individual security fund board" }, { "text": "271. Certification of institutions by securities and exchange commission \n(a) In general \nFor purposes of this part, any institution that is engaged, in a fiduciary capacity, in the business of maintaining accounts for individuals for purposes of investment may apply to the Securities and Exchange Commission (in such form and manner as the Commission shall by regulation require) for certification under this subpart. (b) Review requirements \nIn reviewing any application for certification under this subpart and determining whether to approve the application for certification, the Commission shall consider the following factors: (1) The financial history and condition of the institution. (2) The adequacy of the institution's capital structure. (3) The future earnings prospects of the institution. (4) The general character and fitness of the management of the institution. (5) The convenience and needs of individuals who are account holders with respect to personal retirement accounts for which the institution is to serve as trustee. (6) Whether the institution's corporate powers are consistent with the purposes of this part. (7) The institution's disclosure policies, including with respect to its administrative fees, investment policies, and investment activities. (8) The appropriateness of— (A) the fund or funds that such institution proposes to offer for purposes of this part, and (B) the criteria by which such institution will make future decisions regarding the selection of new funds or the making of any other modifications in the investment options offered by such institution for purposes of this part, as determined based on guidelines established by the Commission for purposes of this paragraph. (c) Notice of denial of application for certification \nIf the Commission votes to deny any application for certification by any institution, the Commission shall promptly notify the institution of the denial of such application, giving specific reasons in writing for the Commission's determination with reference to the factors described in subsection (b). (d) Nondelegation requirement \nThe authority of the Commission to make any determination to deny any application under this section may not be delegated by the Commission.", "id": "H2626D9DD0E7F42D592F0F959D9D158D", "header": "Certification of institutions by securities and exchange commission" }, { "text": "272. Revocation of certification \n(a) In general \nThe Securities and Exchange Commission shall prescribe regulations in accordance with which the certified status of an institution may be voluntarily or involuntarily revoked. (b) Judicial review \nAny party to any involuntary revocation proceeding under this section to which an institution is a party may obtain a review of any order served pursuant to this section by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Commission be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Commission. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Commission.", "id": "HD4B6EE397E0E4133BB72AA2B23B2BC5E", "header": "Revocation of certification" }, { "text": "273. Fiduciary duties \n(a) In general \nIn the case of a privately-administered individual security account which does not form part of an individual account plan covered under part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, rules similar to the rules of such part 4 applicable to individual account plans covered under such part 4 shall apply with respect to a privately-administered individual security account and the terms of any arrangement under which such account is maintained. (b) General requirements \nIn applying under subsection (a) the rules of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 in the case of a privately-administered individual security account, references in such part to the Secretary of Labor shall be deemed to be references to the Securities and Exchange Commission, references in such part to a participants or beneficiary in connection with an individual account plan covered under such part shall be deemed to be references to the account holder with respect to the privately-administered individual security account, and references in such part to the plan administrator or plan sponsor in connection with an individual account plan covered under such part shall be deemed to be references to the trustee of the privately-administered individual security account. (c) Limitation on liability \nAny account holder who issues an instruction to the trustee of the account directing an investment of funds held in the account shall sign an acknowledgement prescribed by the Securities and Exchange Commission which states that the account holder understands that an investment of any amount in the account is made at the account holder's risk, that the account holder is not protected by the Government or by the trustee against any loss on such investment, and that a return on such investment is not guaranteed by the Government or by the trustee. Notwithstanding the preceding provisions of this section and any other provision of Federal or State law, the trustee of a privately-administered individual security account shall not be liable for losses suffered in connection with any investment of assets held in the account unless it is shown by clear and convincing evidence that the trustee did not act in the manner in which a reasonable trustee would act under the circumstances then prevailing in evaluating the risk and reward properties of the investment option involved.", "id": "H425483F2D56F4676A900D18718A90000", "header": "Fiduciary duties" }, { "text": "281. Cause of action \nThe account holder with respect to a privately-administered individual security account who is adversely affected by an act or practice of any party (other than the Securities and Exchange Commission, the Social Security Administration, the Department of the Treasury, or any officer or employee of any of the foregoing) in violation of any provision of this part, may bring an action— (1) to enjoin such act or practice, or (2) to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision.", "id": "H1035779A67374A1A99F179CF5FE9BA49", "header": "Cause of action" }, { "text": "282. Jurisdiction and venue \nCivil actions under this subpart may be brought in the district courts of the United States in the district where the privately-administered individual security account is administered, where the violation took place, or where a defendant resides or may be found, and process may be served in any district where a defendant resides or may be found. The district courts of the United State shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to grant the relief provided for in section 281 in any action.", "id": "H2196AC19F26D458FB6B47388CB6C1EF8", "header": "Jurisdiction and venue" }, { "text": "283. Right of securities and exchange commission to intervene \nA copy of the complaint or notice of appeal in any action under this subpart shall be served upon the Securities and Exchange Commission by certified mail. The Commission shall each have the right to intervene in any action.", "id": "H50113A2F2E7341B8ADF343E023D4A831", "header": "Right of securities and exchange commission to intervene" }, { "text": "284. Awards of costs and expenses \nIn any action brought under this subpart, the court in its discretion may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to any party who prevails or substantially prevails in such action.", "id": "H402BF208CE284E5CACF338F2EEA689ED", "header": "Awards of costs and expenses" }, { "text": "285. Limitation on actions \n(a) In General \nExcept as provided in subsection (c), an action under this subpart may not be brought after the later of— (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the applicable date specified in subsection (b). (b) Applicable date \nThe applicable date specified in this subsection is the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action. (c) Cases of fraud or concealment \nIn the case of fraud or concealment, the period described in subsection (a)(2) shall be extended to 6 years after the applicable date specified in subsection (b).", "id": "H27848B15E07243DF82C2B058C5DAD7E", "header": "Limitation on actions" }, { "text": "286. Penalty for failure to timely provide required information \nThe Securities and Exchange Commission may assess a penalty, payable to it, against any person who fails to provide any notice or other material information required under this part or any regulations prescribed under this part within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues.", "id": "H90C5950016C44542A9D8231EBF27662E", "header": "Penalty for failure to timely provide required information" }, { "text": "287. Actions by securities and exchange commission \nIf any person is assessed under this subpart and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this part, the Securities and Exchange Commission may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this part, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Commission without regard to the amount in controversy.", "id": "H31A5DB74739D42A883F461F2A054E8AE", "header": "Actions by securities and exchange commission" }, { "text": "288. Criminal penalty for fraud or intentional misrepresentation in connection with investment options \nAny person who makes, or causes to be made, a statement or representation of a material fact for use in selecting an investment option that the person knows or should know is false or misleading or knows or should know omits a material fact or makes such a statement with knowing disregard for the truth shall upon conviction be fined not more than $500,000 or imprisoned for not more than 5 years, or both.", "id": "H3E3C05EC90DD497DBB2411F8BECD657", "header": "Criminal penalty for fraud or intentional misrepresentation in connection with investment options" }, { "text": "54. Individual security account credit \n(a) Allowance of credit \nEach part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of— (1) $150, (2) 50 percent of the designated wages of such individual for the taxable year, (3) 50 percent of the designated self-employment income of such individual for the taxable year, and (4) 50 percent of the designated earned income credit. (b) Limitations \n(1) Amount \nThe amount determined under paragraphs (2) and (3) of subsection (a) with respect to such individual for any taxable year may not exceed the excess (if any) of— (A) $600, over (B) the sum of the amounts received by the Secretary on behalf of such individual under subparagraphs (A) and (B) of section 3101(a)(2) and subparagraphs (A) and (B) of 1401(a)(2) for the taxable year. (2) Failure to make voluntary contributions \nIn the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(C) plus the amount self-employment income designated under section 1401(a)(2)(C) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero. (c) Definitions \nFor purposes of this section— (1) Part B eligible individual \nThe term part B eligible individual means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. (2) Designated wages \nThe term designated wages means with respect to any taxable year the amount designated under section 3101(a)(2)(C). (3) Designated self-employment income \nThe term designated self-employment income means with respect to any taxable year the amount designated under section 1401(a)(2)(C) for such taxable year. (4) Designated earned income credit \nThe term designated earned income credit means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act. (d) Credit Used Only for Individual Security Account \nFor purposes of this title, the credit allowed under this section with respect to any part B eligible individual— (1) shall not be treated as a credit allowed under this part, but (2) shall be treated as an overpayment of tax under section 6401(b)(3) which may, in accordance with section 6402(l), only be transferred to an individual security account established under part B of title II of the Social Security Act with respect to such individual.", "id": "HE5E4343DB9FA437AA3AFAD2E4900B085", "header": "Individual security account credit" }, { "text": "3. Minimum social security benefit \nSection 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended by adding at the end the following: (j) Minimum monthly insurance benefit \n(1) Notwithstanding the preceding provisions of this section— (A) the primary insurance amount of a qualified individual shall be equal to the greater of— (i) the primary insurance amount determined under this section (without regard to this subsection), or (ii) 1/12 of the applicable percentage of the applicable amount, and rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i), and (B) any recomputation of the primary insurance amount of a qualified individual shall not result in a primary insurance amount less than the primary insurance amount as in effect immediately prior to such recomputation. (2) For purposes of this subsection— (A) The term qualified individual means an individual— (i) who initially becomes eligible for old-age or disability insurance benefits, or dies (before becoming eligible for such benefits) for a month beginning after December 31, 2009, and (ii) who, in the case of any such individual other than an individual eligible for old-age insurance benefits, has quarters of coverage greater in number than the number of such individual’s elapsed years (as defined in subsection (a)(1)(C)(ii)). (B) The term applicable amount means, in connection with an individual, $8,628, adjusted annually for years after 2002— (i) by the CPI increase percentage determined under section 215(i) for 2003 through the earlier of— (I) the year prior to the year of the individual’s initial eligibility, or (II) 2012; and (ii) by the wage increase percentage determined under such section for 2013 through the second year prior to the year of such individual’s initial eligibility. (C) (i) In the case of a qualified individual described in subparagraph (A)(i), the term applicable percentage means the sum of— (I) the product derived by multiplying 2.0 percent by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage does not exceed 80, and (II) the product derived by multiplying 0.5 percent by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage is in excess of 80 but does not exceed 120. (ii) In the case of a qualified individual described in subparagraph (A)(ii), the term applicable percentage means the sum of— (I) the product derived by multiplying the higher pro-rated percentage increment by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage exceeds the number of such individual’s elapsed years (as defined in subsection (a)(10(C)(ii)) but does not exceed twice the number of such elapsed years, and (II) the product derived by multiplying the lower pro-rated percentage increment by the number of such individual’s quarters of coverage, to the extent that the number of such quarters of coverage exceeds twice the number of such elapsed years but does not exceed 4 times the number of such elapsed years. (iii) For purposes of clause (ii)— (I) the higher pro-rated percentage increment, in connection with the qualified individual, is the quotient obtained by dividing 80 percent by the number of the individual’s elapsed years, and (II) the lower pro-rated percentage increment, in connection with the qualified individual, is the quotient obtained by dividing 40 percent by twice the number of the individual’s elapsed years, each of which is rounded, if a multiple of 0.05 percent and not of 0.10 percent, to the next higher multiple of 0.10 percent, and in any other case to the next higher multiple of 0.10 percent. (3) In the case of a qualified individual who becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible to such benefits) in a year prior to 2013, in lieu of the amount otherwise determined under paragraph (a)(A)(ii), the amount provided under paragraph (1)(A)(ii) shall be deemed to be equal to the the product derived by multiplying such amount otherwise determined by the percentage set forth in the following table in connection with such year, rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. The applicable If the year is: percentage is: 2009 20 2010 40 2011 60 2012 80..", "id": "H72000943033549A4A453BCF4FFCA4D4C", "header": "Minimum social security benefit" }, { "text": "4. Reduction in the amount of certain transfers to medicare trust fund \nSubparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 ( 42 U.S.C. 401 note), as amended by section 13215(c)(1) of the Omnibus Budget Reconciliation Act of 1993, is amended— (1) in clause (ii), by striking the amounts and inserting the applicable percentage of the amounts ; and (2) by adding at the end the following: For purposes of clause (ii), the applicable percentage for a year is equal to 100 percent, reduced (but not below zero) by 10 percentage points for each year after 2010..", "id": "HB7A1AEDCD2984DACA32D8412E13BC981", "header": "Reduction in the amount of certain transfers to medicare trust fund" }, { "text": "5. Revised formula for average indexed monthly earnings \n(a) In general \nSo much of subsection (b) of section 215 of the Social Security Act ( 42 U.S.C. 415 ) as precedes paragraph (3) is amended to read as follows: (b) Average indexed monthly earnings; average monthly wage \n(1) (A) In the case of an individual who is entitled to old-age insurance benefits (except as provided in paragraph (2)(C)), or who has died (before becoming eligible for such benefits or disability insurance benefits), such individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (i) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his computation base years (determined under subparagraph (C)(i)), by (ii) the product derived by multiplying— (I) the number of such individual’s elapsed years (determined under subparagraph (C)(ii)), by (II) 12. (B) (i) For purposes of clause (i) of subparagraph (A), in the case of an individual who becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2004 and before 2013, if the number of such individual’s computation base years exceed in number the maximum number for such calendar year, those computation base years referred to in such clause shall consist only of those computation base years, equal in number to such maximum number, for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest. For purposes of this clause, the maximum number for a calendar year is the maximum number set forth in connection with such calendar year in the following table: The maximum number If the calendar year is: of years is: 2005 or 2006 37 2007 or 2008 39 2009 or 2010 41 2011 or 2012 43 (ii) For purposes of subclause (I) of subparagraph (A)(ii), in the case of an individual who becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2004, if the number of such individual’s elapsed years exceed in number the maximum number for such calendar year, the number of elapsed years referred to in such subclause shall be deemed equal to such maximum number. For purposes of this clause, the maximum number for a calendar year is the maximum number set forth in connection with such calendar year in the following table: The maximum number If the calendar year is: of years is: 2005 or 2006 36 2007 or 2008 37 2009 or 2010 38 2011 or 2012 39 after 2012 40 (iii) In any case in which— (I) an individual described in clause (ii) is married at the time the individual becomes eligible for old-age insurance benefits or dies (before becoming eligible for such benefits), and (II) the total of the wages paid in and self-employment income credited to the individual’s computation base years under subparagraph (A)(i) is less that the total of the wages paid in and self-employment income credited to the computation base years of the individual’s spouse under subparagraph (A)(i), then the maximum number of such individual’s elapsed years determined under clause (ii) shall be deemed to be 35. (C) For purposes of this subsection with respect to any individual— (i) the term contribution base year means the calendar years after 1950 and before— (I) in the case of an individual entitled to old-age insurance benefits or disability insurance benefits, the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month of that entitlement, or (II) in the case of an individual who has died (without having become entitled to old-age insurance benefits), the year succeeding the year of his death, except that such term excludes any calendar year entirely included in a period of disability, and (ii) the term elapsed year means (except as otherwise provided by section 104(j)(2) of the Social Security Amendments of 1972) a calendar year— (I) after 1950 (or, if later, the year in which the individual attained age 21), and (II) before the year in which the individual died, or, if it occurred earlier (but after 1960), the year in which he attained age 62; except that such term excludes any calendar year any part of which is included in a period of disability. (2) (A) In the case of an individual who is entitled to disability insurance benefits, such individual’s average indexed monthly earnings shall be equal to the quotient obtained by dividing— (i) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his elapsed years (determined under paragraph (1)(C)(ii)) prior to his current period of disability, equal in number to the reduced number determined under subparagraph (B), for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest, by (ii) the product derived by multiplying— (I) the number of the individual’s elapsed years, by (II) 12. (B) The reduced number of an individual’s elapsed years, determined under this subparagraph for purposes of subparagraph (A)(i), is the number of such elapsed years, reduced by the number of years equal to one-fifth of such number of elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. (C) (i) This paragraph, once applicable with respect to any individual, shall continue to apply for purposes of determining such individual’s primary insurance amount for purposes of any subsequent eligibility for disability or old-age insurance benefits, unless, prior to the month in which such eligibility begins, there occurs a period of at least 12 consecutive months for which he was not entitled to a disability or an old-age insurance benefit. (ii) If an individual to which this paragraph applies is living with a child (of such individual or his or her spouse) under the age of 3 in any calendar year which is included in such individual’s elapsed years, but which is not disregarded pursuant to subparagraphs (A)(i) and (B) by reason of the reduction in the number of such individual’s elapsed years under subparagraph (B), the number by which the number of such elapsed years is reduced under subparagraph (B) shall be increased by one (up to a combined total not exceeding 3) for each such calendar year, except that— (I) no calendar year shall be disregarded by reason of this clause (in determining elapsed years to be taken into account under subparagraph (A)(i)) unless the individual was living with such child substantially throughout the period in which the child was alive and under the age of 3 in such year and the individual had no earnings as described in section 203(f)(5) in such year, (II) the particular calendar years to be disregarded under this clause (in determining such elapsed years) shall be those years (not otherwise disregarded under subparagraph (B)) which, before the application of section 215(f), meet the conditions of subclause (I), and (III) this clause shall apply only to the extent that its application would not result in a lower primary insurance amount. (D) The reduction in the number of elapsed years taken into account under subparagraph (A)(i) resulting from the application of subparagraphs (B) and (C) shall not in any case reduce the number of elapsed years taken into account under subparagraph (A)(i) to less than 2.. (b) Conforming amendment \nSection 215(b)(3)(A) of such Act ( 42 U.S.C. 415(b)(3)(A) ) is amended by striking computation base years for purposes of the selection therefrom of benefit computation years under paragraph (2) and inserting for purposes of paragraphs (1)(B)(i) and (2)(A)(i). (c) Effective date \nThe amendment made by subsection (a) shall apply with respect to individuals initially becoming eligible for old-age or disability insurance benefits, or dying (before becoming eligible for such benefits), in any calendar year after 2008. For purposes of this subsection, and individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, such individual would be entitled to such benefit for such month.", "id": "HD4D128F725B0494E877348BA2901B268", "header": "Revised formula for average indexed monthly earnings" }, { "text": "6. Actuarial adjustment for retirement \n(a) Early retirement \n(1) In general \nSection 202(q) of the Social Security Act ( 42 U.S.C. 402(q) ) is amended— (A) in paragraph (1)(A), by striking 5/9 and inserting the applicable old-age benefit fraction (determined under paragraph (12)(A)) , and by striking 25/36 and inserting the applicable spousal benefit fraction (determined under paragraph (12)(B)) ; and (B) by adding at the end the following: (12) For purposes of paragraph (1)(A)— (A) the applicable old-age benefit fraction for an individual who attains the age of 62 in— (i) any year before 2004, is 5/9 ; (ii) 2004, is 7/12 ; (iii) 2005, is 11/18 ; (iv) 2006, is 23/36 ; (v) 2007, is 2/3 ; and (vi) 2008 or any succeeding year, is 25/36 , and (B) the applicable spousal benefit fraction for an individual who becomes eligible for wife’s or husband’s insurance benefits in— (i) any year before 2004, is 25/36 ; (ii) 2004, is 35/48 ; (iii) 2005, is 55/72 ; (iv) 2006, is 115/144 ; (v) 2007, is 5/6 ; and (vi) 2008 or any succeeding year, is 125/144.. (2) Months beyond first 36 months \nSection 202(q) of such Act ( 42 U.S.C. 402(q)(9) ) (as amended by paragraph (1)) is amended— (A) in paragraph (9)(A), by striking five-twelfths and inserting the applicable fraction (determined under paragraph (13)) ; and (B) by adding at the end the following: (13) For purposes of paragraph (9)(A), the applicable fraction for an individual who becomes eligible for old-age, wife’s, or husband’s insurance benefits in— (A) any year before 2004, is 5/12 ; (B) 2004, is 16/36 ; (C) 2005, is 16/36 ; (D) 2006, is 17/36 ; (E) 2007, is 17/36 ; and (F) 2008 or any succeeding year, is 1/2.. (3) Eligibility \nSection 202(q) of such Act (as amended by the preceding provisions of this subsection) is amended further by adding at the end the following new paragraph: (14) For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, such individual would be entitled to such benefit for such month.. (4) Effective date \nThe amendments made by this subsection shall apply to individuals who, in connection with old-age, wife’s, and husband’s insurance benefits under title II of the Social Security Act, become eligible for such benefits (within the meaning of section 202(q)(14) of such Act (as amended by this subsection) in years after 2003. (b) Delayed retirement \nSection 202(w)(6) of the Social Security Act ( 42 U.S.C. 402(w)(6) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking 2004. and inserting 2004 and before 2007; ; and (3) by adding at the end the following: (E) 17/24 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2006 and before 2009; (F) 3/4 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2008 and before 2011; (G) 19/24 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2010 and before 2013; and (H) 5/6 of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2012..", "id": "H8C4EE604090C4567A51188D9DC0067CF", "header": "Actuarial adjustment for retirement" }, { "text": "7. CPI overstatement \n(a) Annual declarations of CPI overstatement \n(1) In general \nWhenever the Commissioner of the Bureau of Labor Statistics publishes the Consumer Price Index for All Urban Consumers for any month ending after the date of the enactment of this Act, such Commissioner shall also publish the CPI overstatement for such month. Not later than November 1, 2004, such Commissioner shall also publish the CPI overstatement for each month prior to the month in which this Act is enacted. (2) Determination of CPI overstatement \nFor purposes of paragraph (1), the CPI overstatement for a month is the excess (not less than zero) of— (A) the Consumer Price Index for All Urban Consumers for such month, over (B) the Chained Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for such month (or the most recent prior month for which it was published, based on availability of necessary data). (b) Modifications to cost-of-living indexing of benefits \n(1) In general \nSection 215(i)(1)(G) of the Social Security Act ( 42 U.S.C. 415(i)(1)(G) ) is amended to read as follows: (G) the Consumer Price Index for a base quarter, a cost-of-living computation quarter, or any other calendar quarter shall be the arithmetical mean of such index for the 3 months in such quarter, except that, for purposes of this subparagraph, the Consumer Price Index for a month shall be deemed to be the excess of— (i) the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for such month, over (ii) the CPI overstatement published by the Bureau of Labor Statistics for such month.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to increases under section 215(i) of the Social Security Act effective with the month of December of years after 2004. (c) Consumer price index adjustments applicable to the Internal Revenue Code provisions \n(1) In general \nParagraph (5) of section 1(f) of the Internal Revenue Code of 1986 (defining Consumer Price Index) is amended to read as follows: (5) Consumer price index \nFor purposes of paragraph (4), the term Consumer Price Index means the excess of— (A) the last Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for any month, over (B) the CPI overstatement published by the Bureau of Labor Statistics for such month.. (2) Limitation on increases \nSubsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: (9) Computation of base to reflect limitation on CPI \nThe Secretary shall adjust the number taken into account under paragraph (3)(B) so that any increase which is not taken into account by reason of the CPI overstatement referred to in paragraph (5)(B) shall not be taken into account at any time so as to allow such increase for any period.. (d) Corresponding amendments to other provisions utilizing the consumer price index \n(1) In general \nFor purposes of determining the amount of any cost-of-living adjustment which takes effect for benefits payable after December 31, 2004, with respect to any benefit described in paragraph (4)— (A) any increase in the Consumer Price Index effective for any month (determined without regard to this subsection) shall be reduced (to not less than zero) by the CPI overstatement (published by the Bureau of Labor Statistics) for such month, and (B) the amount of the increase in such benefit shall be equal to the product of— (i) the increase in the Consumer Price Index (as reduced under subparagraph (A)), and (ii) the average such benefit for the preceding calendar year under the program described in paragraph (5) which provides such benefit. (2) Paragraph (1) to apply only to computation of benefit amounts \nParagraph (1) shall apply only for purposes of determining the amount of benefits and not for purposes of determining— (A) whether a threshold increase in the Consumer Price Index has been met, or (B) increases in amounts under other provisions of law not described in paragraph (5) which operate by reference to increases in such benefits. (3) Definition \nFor purposes of this subsection, the term cost of living adjustment means any adjustment in the amount of benefits described in paragraph (5) which is determined by reference to changes in the Consumer Price Index. (4) Benefits to which subsection applies \nFor purposes of this subsection, the benefits described in this paragraph are— (A) retired and retainer pay subject to adjustment under section 1401a of title 10, United States Code; (B) civil service retirement benefits under section 8340 of title 5, United States Code, foreign service retirement benefits under section 826 of the Foreign Service Act of 1980, Central Intelligence Agency retirement benefits under part J of the Central Intelligence Agency Retirement Act of 1964 for certain employees, and any other benefits under any similar provision under any retirement system for employees of the government of the United States; (C) Federal workers' compensation under section 8146a of title 5, United States Code; (D) benefits under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974; and (E) benefits and expenditure limits under title XVIII or XIX of the Social Security Act. (5) Benefit \nFor purposes of this section, the term benefit includes a payment. (e) Recapture to federal old-age and survivors insurance trust fund \nSection 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (n) On July 1 of each calendar year specified in the following table, the Secretary of the Treasury shall transfer, from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, an amount equal to the applicable percentage for such year, specified in such table, of the total wages paid in and self-employment income credited to such year. For a calendar year— The applicable percentage for the year is— After 2004 and before 2006 0.02 percent After 2005 and before 2007 0.04 percent After 2006 and before 2008 0.10 percent After 2007 and before 2009 0.12 percent After 2008 and before 2010 0.13 percent After 2009 and before 2011 0.20 percent After 2010 and before 2012 0.24 percent After 2011 and before 2013 0.29 percent After 2012 and before 2019 0.33 percent After 2018 and before 2043 0.39 percent After 2042 and before 2063 0.47 percent After 2062 0.57 percent.", "id": "HFCA5DDB9D8DF47F18DC1F6859414A235", "header": "CPI overstatement" }, { "text": "8. Adjustments to bend points in determining primary insurance amounts \n(a) Additional bend point \nSection 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended to read as follows: (a) (1) (A) (i) Subject to clause (ii), the primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of— (I) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this subclause by subparagraph (B), (II) 70 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (I) but do not exceed the amount established for purposes of this subclause by subparagraph (B), (III) 20 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (II) but do not exceed the amount established for purposes of this subclause by subparagraph (B), and (IV) 10 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of this clause by subparagraph (B). (ii) In the case of individuals becoming eligible for old-age or disability insurance benefits, or dying (before becoming eligible for such benefits), in any calendar year after 2005 and before 2016— (I) In lieu of the percentage specified in subclause (II) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: The applicable If the calendar year is: percentage is: 2006 35.8 percent 2007 39.6 percent 2008 43.4 percent 2009 47.2 percent 2010 51.0 percent 2011 54.8 percent 2012 58.6 percent 2013 62.4 percent 2014 66.2 percent (II) In lieu of the percentage specified in subclause (III) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: If the calendar year is The applicable percentage is: 2006 30.8 percent 2007 29.6 percent 2008 28.4 percent 2009 27.2 percent 2010 26.0 percent 2011 24.8 percent 2012 23.6 percent 2013 22.4 percent 2014 21.2 percent (III) In lieu of the percentage specified in subclause (IV) of clause (i), the applicable percentage set forth in the following table in connection with such calendar year shall apply: If the calendar year is The applicable percentage is: 2006 14.5 percent 2007 14.0 percent 2008 13.5 percent 2009 12.5 percent 2010 12.0 percent 2011 11.5 percent 2012 11.0 percent 2013 10.5 percent 2014 21.2 percent. (b) Initial level of additional bend point \nSection 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (1) in clause (i), by inserting (as then in effect) after subparagraph (A) , and by adding at the end the following new sentence: For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) after 2005, such dollar amounts shall be deemed to have been so established in 1979 for purposes of subclauses (I) and (III) of subparagraph (A)(i), respectively, as in effect with respect to such individuals. ; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2005, the amount established for purposes of clause (ii) of subparagraph (A) for such calendar year after 2005 shall be 183.8 percent of the amount established for purposes of clause (i) for such calendar year. ; and (4) in clause (iv) (as redesignated by paragraph (1)), by striking clause (ii) and inserting clauses (ii) and (iii). (c) Effective date \nThe amendments made by this section shall apply with respect to individuals becoming eligible for old-age insurance benefits or disability insurance benefits, or dying (before becoming eligible for such benefits), after 2005.", "id": "H040150B8A5A04875A616004D97CBAAEF", "header": "Adjustments to bend points in determining primary insurance amounts" }, { "text": "9. Adjustment to benefit formula factors \nSection 215(a)(1)(B) of the Social Security Act ( 42 U.S.C. 415(a)(1)(B) ) (as amended by section 8) is amended further— (1) by redesignating clause (iv) as clause (v); and (2) by inserting after clause (iii) the following: (iv) For an individual who initially becomes eligible for old-age insurance benefits, or who dies (before becoming eligible for such benefits or disability insurance benefits), in any calendar year after 2011, each of the amounts otherwise established for purposes of clauses (i), (ii), and (iii) of subparagraph (A) under this subparagraph shall be substituted with the product derived by successively multiplying, once for each year of the factoring period for such individual— (I) such amount (after applying this clause for earlier years of the factoring period), by (II) the designated factor for such year. (iv) For purposes of clause (iii), the term factoring period means, for an individual, the period beginning with 2012 and ending with the earlier of— (I) the year of the individual's initial eligibility or death, or (II) 2060. (v) For purposes of clause (iii), the term designated factor means— (I) for a year prior to 2031, 0.975, except that, for any such year, such factor shall be 1.000 with respect to amounts otherwise established for purposes of clause (i) of subparagraph (A) under this subparagraph, and (II) for a year after 2030, 0.985..", "id": "HC18D30E475C64EC3AB965E6633420249", "header": "Adjustment to benefit formula factors" }, { "text": "10. Modification to PIA formula to reflect changes to life expectancy \n(a) In general \nSection 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1)(B) ) is amended by redesignating subparagraph (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) (i) 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 2011, the primary insurance amount computed under this paragraph shall be the product derived by multiplying such amount as computed under the preceding subparagraphs of this paragraph by the life expectancy ratio for such calendar year. (ii) The Commissioner of Social Security, using generally accepted actuarial principles, shall determine and publish in the Federal Register on or before November 1 of each calendar year the life expectancy ratio for the following calendar year. (iii) For purposes of clause (ii), the life expectancy ratio for any calendar year is the ratio of— (I) the period life expectancy of an individual attaining age 62 on January 1, 2008, to (II) the period life expectancy of an individual attaining age 62 on January 1 of the third calendar year preceding the calendar year in which the determination under clause (ii) is made.. (b) Study of the effect of increases in life expectancy \n(1) Study plan \nNot later than February 15, 2005, the Commissioner of Social Security shall submit to Congress a detailed study plan for evaluating the effects of increases in life expectancy on the expected level of retirement income from social security, pensions, and other sources. The study plan shall include a description of the methodology, data, and funding that will be required in order to provide to the Congress not later than February 15, 2008— (A) an evaluation of trends in mortality and their relationship to trends in health status, among individuals approaching eligibility for old-age insurance benefits under title II of the Social Security Act; (B) an evaluation of trends in labor force participation among individuals approaching eligibility for such benefits and among individuals receiving such benefits, and of the factors that influence the choice between retirement and participation in the labor force; (C) an evaluation of changes, if any, in the disability insurance program under title II of the Social Security Act that would reduce the impact of changes in the retirement income of workers in poor health or physically demanding occupations; (D) an evaluation of the methodology used to develop projections for trends in mortality, health status, and labor force participation among individuals approaching eligibility for old-age insurance benefits and among individuals receiving such benefits; and (E) an evaluation of such other matters as the Commissioner deems appropriate for evaluating the effects of increases in life expectancy. (2) Report on results of study \nNot later than February 15, 2008, the Commissioner of Social Security shall provide to the Congress an evaluation of the implications of the trends studied under paragraph (1), along with recommendations, if any, of the extent to which the conclusions of such evaluations indicate that projected increases in life expectancy require modification in the disability insurance program under title II of the Social Security Act and other income support programs.", "id": "H3B5AC2A006DC4CD897132F1C343BE7F6", "header": "Modification to PIA formula to reflect changes to life expectancy" }, { "text": "11. Treatment of disabled beneficiaries \nSection 215(a) of the Social Security Act ( 42 U.S.C. 415(a) ) is amended by adding at the end the following new paragraph: (8) (A) Notwithstanding the preceding provisions of this subsection, in the case of an individual who has or has had a period of disability and becomes entitled to old-age insurance benefits under section 202(a) (or dies) in or after 2006, the primary insurance amount of such individual shall be the sum of— (i) the amount determined under subparagraph (B), and (ii) the product derived by multiplying— (I) the excess of the amount determined under subparagraph (C) over the amount determined under subparagraph (B), by (II) the adjustment factor for such individual determined under subparagraph (D). (B) The amount determined under this subparagraph is the amount of such individual's primary insurance amount as determined under this section without regard to this paragraph. (C) The amount determined under this subparagraph is the amount of such individual's primary insurance amount as determined under this section as in effect with respect to individuals becoming eligible for old-age or disability insurance benefits under section 202(a) in 2004. (D) The adjustment factor determined under this subparagraph for any individual is the ratio (not greater than 1) of— (i) the number of months, preceding the earlier of such individual's first month of entitlement to old-age insurance benefits under section 202(a) or the month of such individual's death, which occurred during a period of disability of such individual, to (ii) 480..", "id": "H422AA8FE30F8455BA3B3E8FDC2E40073", "header": "Treatment of disabled beneficiaries" }, { "text": "12. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: 230. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: (b) For purposes of this section, and for purposes of determining wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986— (1) the contribution and benefit base with respect to remuneration paid (and taxable years beginning)— (A) in 2005 shall be $90,225, (B) in 2006 shall be $110,550, (C) in 2007 shall be $121,875, and (D) in 2008 shall be $133,200, and (2) the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in any calendar year after 2008 shall be equal to the dollar amount equal to the lowest amount which, if applied under this title as the benefit and contribution base for the preceding year, would have caused the total untaxed covered remuneration for such year to constitute at least 13 percent of the total amount of wages paid, and self-employment income derived, in such year by all individuals. Each contribution and benefit base determined under paragraph (2) shall (if not a multiple of $25) be rounded to the nearest multiple of $25. (c) For purposes of this section, the term total untaxed covered remuneration for a calendar year means the total amount of wages paid to, and self-employment income derived by, all individuals in such calendar year, which was, with respect to each individual paid such wages and deriving such self-employment income, in excess of the contribution and benefit base for that calendar year.. (b) Effective date \nThe amendment made by this section shall apply to remuneration paid in (and taxable years beginning in) any calendar year after 2004.", "id": "HA12B56751C5241C4A8CCDB9DAB0020E", "header": "Maintenance of benefit and contribution base" }, { "text": "230. Maintenance of benefit and contribution base \n(a) In general \nSo much of section 230 of the Social Security Act ( 42 U.S.C. 430 ) as precedes subsection (d) is amended to read as follows: (b) For purposes of this section, and for purposes of determining wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986— (1) the contribution and benefit base with respect to remuneration paid (and taxable years beginning)— (A) in 2005 shall be $90,225, (B) in 2006 shall be $110,550, (C) in 2007 shall be $121,875, and (D) in 2008 shall be $133,200, and (2) the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in any calendar year after 2008 shall be equal to the dollar amount equal to the lowest amount which, if applied under this title as the benefit and contribution base for the preceding year, would have caused the total untaxed covered remuneration for such year to constitute at least 13 percent of the total amount of wages paid, and self-employment income derived, in such year by all individuals. Each contribution and benefit base determined under paragraph (2) shall (if not a multiple of $25) be rounded to the nearest multiple of $25. (c) For purposes of this section, the term total untaxed covered remuneration for a calendar year means the total amount of wages paid to, and self-employment income derived by, all individuals in such calendar year, which was, with respect to each individual paid such wages and deriving such self-employment income, in excess of the contribution and benefit base for that calendar year.", "id": "H17B86F0E25CE4019B4BDBBF5156D8659", "header": "Maintenance of benefit and contribution base" }, { "text": "13. Acceleration of increase in social security eligibility age \nSection 216(l) of the Social Security Act ( 42 U.S.C. 416(l) is amended— (1) in paragraph (1), by striking subparagraphs (A), (B), (C), (D), and (E) and inserting the following: (A) with respect to an individual who attains early retirement age (as defined in paragraph (2)) before January 1, 2000, 65 years of age; and (B) with respect to an individual who attains early retirement age after December 31, 1999, and before January 1, 2012, 65 years of age plus 2/12 of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains early retirement age; and (C) with respect to an individual who attains early retirement age after December 31, 2011, 67 years of age. ; and (2) by striking paragraph (3).", "id": "HF12668DDDC5743FDBEED25EA4F2DB006", "header": "Acceleration of increase in social security eligibility age" }, { "text": "14. Mechanism for remedying unforeseen deterioration in social security solvency \n(a) In General \nSection 709 of the Social Security Act ( 42 U.S.C. 910 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by striking Sec. 709. (a) If the Board of Trustees and all that follows through any such Trust Fund and inserting the following: 709. (a) (1) (A) If the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. (B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the 21st Century Retirement Security Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. (2) (A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. (B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. (D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President’s approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President’s recommendations, together with a certification of the President’s adoption of such recommendations. (3) (A) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (B) For purposes of this paragraph, the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is as follows: That the Congress approves the recommendations of the President as transmitted on ______ pursuant to section 709(a) of the Social Security Act, as follows:________ , the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and (iii) the title of which is as follows: Joint resolution approving the recommendations of the President regarding social security. (C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. (D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the joint resolution shall occur. (iv) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subparagraph (B) shall be decided without debate. (F) (i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: (I) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subclause (II). (II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund. (b) Conforming Amendments \n(1) Section 709(b) of such Act (as amended by subsection (a) of this section) is amended by striking any such and inserting either such. (2) Section 709(c) of such Act (as redesignated by subsection (a) of this section) is amended by inserting or (b) after subsection (a).", "id": "H13BC503E8E324871963101863EBB1287", "header": "Mechanism for remedying unforeseen deterioration in social security solvency" }, { "text": "709. (a) (1) (A) If the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. (B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the 21st Century Retirement Security Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. (2) (A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. (B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. (D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. (E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President’s approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President’s recommendations, together with a certification of the President’s adoption of such recommendations. (3) (A) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (B) For purposes of this paragraph, the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is as follows: That the Congress approves the recommendations of the President as transmitted on ______ pursuant to section 709(a) of the Social Security Act, as follows:________ , the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and (iii) the title of which is as follows: Joint resolution approving the recommendations of the President regarding social security. (C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. (D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the joint resolution shall occur. (iv) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subparagraph (B) shall be decided without debate. (F) (i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: (I) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subclause (II). (II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund", "id": "H136DC43994C74A338696493465EEF84", "header": null }, { "text": "15. Increase in widow’s and widower’s insurance benefits \n(a) Widow’s insurance benefits \nSection 202(e) of the Social Security Act ( 42 U.S.C. 402(e) ) is amended by adding at the end the following new paragraph: (10) (A) In any case in which the amount of a widow’s insurance benefit (as determined under the preceding paragraphs of this subsection) for the entitlement month of the widow (or surviving divorced wife) is less than the minimum benefit amount for such month determined under subparagraph (C), the amount of such benefit for such month and each succeeding month shall be increased to such minimum benefit amount (or the amount most recently established in lieu thereof under section 215(i)). (B) For purposes of this paragraph, the term entitlement month of a widow (or surviving divorced wife) means, in connection with her benefit under this subsection, the first month of her entitlement to such benefit. (C) For purposes of subparagraph (A), the minimum benefit amount determined under this subparagraph for the entitlement month of the widow (or surviving divorced wife) is an amount equal to the lesser of— (i) 75 percent of the sum of— (I) the imputed deceased individual’s benefit for such month, as determined under subparagraph (D) or (E) (as applicable), and (II) the imputed survivor benefit for such month, as determined under subparagraph (F), or (ii) the increased benefit cap determined under subparagraph (G) for such month. (D) (i) For purposes of subparagraph (C)(i)(I), if the deceased individual died in a month for which he was not entitled to any benefit under this title based on his wages or self-employment income or the wages and self-employment income of the widow (or surviving divorced wife), the imputed deceased individual’s benefit for the entitlement month of the widow (or surviving divorced wife) is the sum of— (I) the imputed old-age insurance benefit (determined under clause (ii)) of the deceased individual for her entitlement month (if any), and (II) the imputed husband’s insurance benefit (determined under clause (iii)) of the deceased individual for her entitlement month (if any). (ii) The amount of the imputed old-age insurance benefit of the deceased individual for the entitlement month of the widow (or surviving divorced wife) is the amount of the old-age insurance benefit to which he would have been entitled for such month— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of his death, as if he had applied for such benefit in the month of his death and had survived throughout the subsequent period ending with her entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of her entitlement month, as if he had survived throughout the subsequent period ending with her entitlement month, and had applied for such benefit during the first month for which he would have been eligible for such benefit (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection). For purposes of determining the deceased individual’s imputed old-age insurance benefit under this clause, the determination of whether the deceased individual was a fully-insured individual (as defined in section 214(a)) shall be made as of the date of his death. In any case in which the deceased individual died before attaining age 62 and would not have attained age 62 before the end of the entitlement month of the widow (or surviving divorced wife), the deceased individual’s imputed old-age insurance benefit shall be deemed to be zero. (iii) The amount of the imputed husband’s insurance benefit of the deceased individual for the entitlement month of the widow (or surviving divorced wife) is the amount of the husband’s insurance benefit under subsection (c) to which he would have been entitled for such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in clause (ii))— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of his death, as if he had applied for such benefit in the month of his death and had survived throughout the subsequent period ending with her entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of her entitlement month, as if he had survived throughout the subsequent period ending with her entitlement month and had applied for such benefit during the first month for which he would have been eligible for such benefit. In any case in which the deceased individual died before he attained age 62 and would not have attained age 62 before the end of the entitlement month of the widow (or surviving divorced spouse), the deceased individual’s imputed husband’s insurance benefit shall be deemed to be zero. (E) (i) For purposes of subparagraph (C), if the deceased individual died during a month for which he otherwise would have been entitled (but for his death) to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or to a husband’s insurance benefit under subsection (c) based on the wages and self-employment income of the widow (or surviving divorced wife), the imputed deceased individual’s benefit for the entitlement month of the widow (or surviving divorced wife) is the sum of— (I) the amount of the old-age or disability insurance benefit (if any) to which he would have been entitled for her entitlement month if he had survived throughout the period subsequent to his death and ending with such month, and (II) the amount of the husband’s insurance benefit (if any) to which he would have been entitled for her entitlement month based on her wages and self-employment income if he had survived throughout the period subsequent to his death and ending with such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age or disability insurance benefit for such month, if any, as described in subclause (I)). (ii) If the deceased individual otherwise would have been entitled (but for his death) to a disability insurance benefit under section 223 for the month in which he died, the amount determined under clause (i) shall be determined as if he had survived throughout the period commencing with the month of his death and ending with the entitlement month of the widow (or surviving divorced wife) and he had remained entitled to disability insurance benefits throughout such period (or until becoming entitled to old-age insurance benefits under subsection (a) during such period). (F) For purposes of subparagraph (C)(i)(II)— (i) In the case of a widow (or surviving divorced wife) who is entitled for her entitlement month to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or otherwise would have been entitled (but for the deceased individual’s death) to a wife’s insurance benefit under subsection (b) for such month, the amount of her imputed survivor benefit for such month is the sum of— (I) the amount of such old-age or disability insurance benefit (if any), and (II) the amount of such wife’s insurance benefit (if any), assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance or disability insurance benefit for such month (if any), as described in subclause (I). (ii) In the case of a widow (or surviving divorced wife) who is not described in clause (i) but has attained (or would attain) age 62 as of the end of her entitlement month, the amount of her imputed survivor benefit is the sum of— (I) the amount of the old-age insurance benefit under subsection (a) to which she would be entitled for such month if she filed application for such benefit during such month, and (II) the amount to which she otherwise would have been entitled (but for the deceased individual’s death) as a wife’s insurance benefit under subsection (b) for such month, based on the deceased individual’s wages and self-employment income, if she had filed application for such benefit during such month (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection and assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in subclause (I)). In any case in which the widow (or surviving divorced wife) would not attain age 62 before the end of the her entitlement month, her imputed survivor benefit shall be deemed to be zero. (G) The increased benefit cap determined under this subparagraph for the entitlement month of the widow (or surviving divorced wife) is the amount which would be the amount of a theoretical individual’s old-age insurance benefit under subsection (a) (reduced as provided in subsection (q)) if— (i) such theoretical individual’s primary insurance amount for the first month of entitlement were equal to the average of the primary insurance amounts upon which old-age insurance benefits under subsection (a) are payable for— (I) in any case in which the entitlement month of the widow (or surviving divorced wife) is the month of December, such month, or (II) in any other case, the latest month of December preceding such entitlement month, (ii) such first month of such theoretical individual’s entitlement to such old-age insurance benefit were the entitlement month of the widow (or surviving divorced spouse), and (iii) the month in which the theoretical individual attained or would attain retirement age (as defined in section 216(l)) were the month in which the widow (or surviving divorced wife) attained or would attain retirement age (as so defined). (H) If, in determining the amount of the benefit under this section pursuant to this paragraph, the imputed old-age insurance benefit or imputed husband’s insurance benefit of the deceased individual was deemed to be zero pursuant to the last sentence of clause (ii) or (iii) of subparagraph (D), or the imputed survivor benefit of the widow (or surviving divorced wife) was deemed to be zero pursuant to the last sentence of subparagraph (F), effective for any month after the entitlement month of the widow (or surviving divorced wife) in which the deceased individual would have attained age 62 or she attains age 62, the Commissioner shall recompute the amount of the benefit under this paragraph by substituting a reference to such later month for each reference in the preceding provisions of this paragraph to her entitlement month. (I) (i) Any reference in this paragraph to the widow’s insurance benefit (as determined under the preceding paragraphs of this subsection) shall be deemed a reference to such benefit, taking into account all applicable reductions and deductions under this title. (ii) Any reference in this paragraph to the imputed old-age insurance benefit or imputed husband’s insurance benefit described in subparagraph (D), the old-age insurance benefit, disability insurance benefit, or husband’s insurance benefit described in subparagraph (E), or the old-age insurance benefit, disability insurance benefit, or wife’s insurance benefit described in subparagraph (F) shall be deemed a reference to such benefit, taking into account applicable reductions under this section but disregarding reductions or deductions otherwise applicable under this title. (iii) A widow’s insurance benefit which has been increased under this paragraph shall be subject to all reductions and deductions otherwise applicable to widow’s insurance benefits under this title, except that such benefit shall not be subject to any reduction otherwise applicable under subsection (q)(1).. (b) Widower’s insurance benefits \nSection 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended by adding at the end the following new paragraph: (10) (A) In any case in which the amount of a widower’s insurance benefit (as determined under the preceding paragraphs of this subsection) for the entitlement month of the widower (or surviving divorced husband) is less than the minimum benefit amount for such month determined under subparagraph (C), the amount of such benefit for such month and each succeeding month shall be increased to such minimum benefit amount (or the amount most recently established in lieu thereof under section 215(i)). (B) For purposes of this paragraph, the term entitlement month of a widower (or surviving divorced husband) means, in connection with his benefit under this subsection, the first month of his entitlement to such benefit. (C) For purposes of subparagraph (A), the minimum benefit amount determined under this subparagraph for the entitlement month of the widower (or surviving divorced husband) is an amount equal to the lesser of— (i) 75 percent of the sum of— (I) the imputed deceased individual’s benefit for such month, as determined under subparagraph (D) or (E) (as applicable), and (II) the imputed survivor benefit for such month, as determined under subparagraph (F), or (ii) the increased benefit cap determined under subparagraph (G) for such month. (D) (i) For purposes of subparagraph (C)(i)(I), if the deceased individual died in a month for which she was not entitled to any benefit under this title based on her wages or self-employment income or the wages and self-employment income of the widower (or surviving divorced husband), the imputed deceased individual’s benefit for the entitlement month of the widower (or surviving divorced husband) is the sum of— (I) the imputed old-age insurance benefit (determined under clause (ii)) of the deceased individual for his entitlement month (if any), and (II) the imputed wife’s insurance benefit (determined under clause (iii)) of the deceased individual for his entitlement month (if any). (ii) The amount of the imputed old-age insurance benefit of the deceased individual for the entitlement month of the widower (or surviving divorced husband) is the amount of the old-age insurance benefit to which she would have been entitled for such month— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of her death, as if she had applied for such benefit in the month of her death and had survived throughout the subsequent period ending with his entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of his entitlement month, as if she had survived throughout the subsequent period ending with his entitlement month, and had applied for such benefit during the first month for which she would have been eligible for such benefit (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection). For purposes of determining the deceased individual’s imputed old-age insurance benefit under this clause, the determination of whether the deceased individual was a fully-insured individual (as defined in section 214(a)) shall be made as of the date of her death. In any case in which the deceased individual died before attaining age 62 and would not have attained age 62 before the end of the entitlement month of the widower (or surviving divorced husband), the deceased individual’s imputed old-age insurance benefit shall be deemed to be zero. (iii) The amount of the imputed wife’s insurance benefit of the deceased individual for the entitlement month of the widower (or surviving divorced husband) is the amount of the wife’s insurance benefit under subsection (b) to which she would have been entitled for such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in clause (ii))— (I) determined, in the case of such a deceased individual who had attained age 62 as of the date of her death, as if she had applied for such benefit in the month of her death and had survived throughout the subsequent period ending with his entitlement month, or (II) determined, in the case of such a deceased individual who died before attaining age 62 but would have attained age 62 before the end of his entitlement month, as if she had survived throughout the subsequent period ending with his entitlement month and had applied for such benefit during the first month for which she would have been eligible for such benefit. In any case in which the deceased individual died before she attained age 62 and would not have attained age 62 before the end of the entitlement month of the widower (or surviving divorced husband), the deceased individual’s imputed husband’s insurance benefit shall be deemed to be zero. (E) (i) For purposes of subparagraph (C), if the deceased individual died during a month for which she otherwise would have been entitled (but for her death) to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or to a wife’s insurance benefit under subsection (b) based on the wages and self-employment income of the widower (or surviving divorced husband), the imputed deceased individual’s benefit for the entitlement month of the widower (or surviving divorced husband) is the sum of— (I) the amount of the old-age or disability insurance benefit (if any) to which she would have been entitled for his entitlement month if she had survived throughout the period subsequent to her death and ending with such month, and (II) the amount of the wife’s insurance benefit (if any) to which she would have been entitled for his entitlement month based on his wages and self-employment income if she had survived throughout the period subsequent to her death and ending with such month (assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age or disability insurance benefit for such month, if any, as described in subclause (I)). (ii) If the deceased individual otherwise would have been entitled (but for her death) to a disability insurance benefit under section 223 for the month in which she died, the amount determined under clause (i) shall be determined as if she had survived throughout the period commencing with the month of her death and ending with the entitlement month of the widower (or surviving divorced husband) and she had remained entitled to disability insurance benefits throughout such period (or until becoming entitled to old-age insurance benefits under subsection (a) during such period). (F) For purposes of subparagraph (C)(i)(II)— (i) In the case of a widower (or surviving divorced husband) who is entitled for his entitlement month to an old-age insurance benefit under subsection (a) or a disability insurance benefit under section 223, or otherwise would have been entitled (but for the deceased individual’s death) to a husband’s insurance benefit under subsection (c) for such month, the amount of her imputed survivor benefit for such month is the sum of— (I) the amount of such old-age or disability insurance benefit (if any), and (II) the amount of such husband’s insurance benefit (if any), assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance or disability insurance benefit for such month (if any), as described in subclause (I). (ii) In the case of a widower (or surviving divorced husband) who is not described in clause (i) but has attained (or would attain) age 62 as of the end of his entitlement month, the amount of his imputed survivor benefit is the sum of— (I) the amount of the old-age insurance benefit under subsection (a) to which he would be entitled for such month if he filed application for such benefit during such month, and (II) the amount to which he otherwise would have been entitled (but for the deceased individual’s death) as a husband’s insurance benefit under subsection (c) for such month, based on the deceased individual’s wages and self-employment income, if he had filed application for such benefit during such month (assuming a primary insurance amount for the deceased individual determined under paragraph (2)(B) of this subsection and assuming, for purposes of reduction under subsection (k)(3)(A), the entitlement to an old-age insurance benefit for such month, if any, as described in subclause (I)). In any case in which the widower (or surviving divorced husband) would not attain age 62 before the end of the his entitlement month, his imputed survivor benefit shall be deemed to be zero. (G) The increased benefit cap determined under this subparagraph for the entitlement month of the widower (or surviving divorced husband) is the amount which would be the amount of a theoretical individual’s old-age insurance benefit under subsection (a) (reduced as provided in subsection (q)) if— (i) such theoretical individual’s primary insurance amount for the first month of entitlement were equal to the average of the primary insurance amounts upon which old-age insurance benefits under subsection (a) are payable for— (I) in any case in which the entitlement month of the widower (or surviving divorced husband) is the month of December, such month, or (II) in any other case, the latest month of December preceding such entitlement month, (ii) such first month of such theoretical individual’s entitlement to such old-age insurance benefit were the entitlement month of the widower (or surviving divorced husband), and (iii) the month in which the theoretical individual attained or would attain retirement age (as defined in section 216(l)) were the month in which the widower (or surviving divorced husband) attained or would attain retirement age (as so defined). (H) If, in determining the amount of the benefit under this section pursuant to this paragraph, the imputed old-age insurance benefit or imputed wife’s insurance benefit of the deceased individual was deemed to be zero pursuant to the last sentence of clause (ii) or (iii) of subparagraph (D), or the imputed survivor benefit of the widower (or surviving divorced husband) was deemed to be zero pursuant to the last sentence of subparagraph (F), effective for any month after the entitlement month of the widower (or surviving divorced husband) in which the deceased individual would have attained age 62 or he attains age 62, the Commissioner shall recompute the amount of the benefit under this paragraph by substituting a reference to such later month for each reference in the preceding provisions of this paragraph to her entitlement month. (I) (i) Any reference in this paragraph to the widower’s insurance benefit (as determined under the preceding paragraphs of this subsection) shall be deemed a reference to such benefit, taking into account all applicable reductions and deductions under this title. (ii) Any reference in this paragraph to the imputed old-age insurance benefit or imputed wife’s insurance benefit described in subparagraph (D), the old-age insurance benefit, disability insurance benefit, or wife’s insurance benefit described in subparagraph (E), or the old-age insurance benefit, disability insurance benefit, or husband’s insurance benefit described in subparagraph (F) shall be deemed a reference to such benefit, taking into account applicable reductions under this section but disregarding reductions or deductions otherwise applicable under this title. (iii) A widower’s insurance benefit which has been increased under this paragraph shall be subject to all reductions and deductions otherwise applicable to widower’s insurance benefits under this title, except that such benefit shall not be subject to any reduction otherwise applicable under subsection (q)(1).. (c) Cost-of-living adjustments to guaranteed widow’s and widower’s insurance benefits \nSection 215(i)(2)(A)(ii) of such Act ( 42 U.S.C. 415(i)(2)(A)(ii) ) is amended— (1) in subclause (II), by striking and at the end; (2) in subclause (III), by striking 1978. and inserting 1979, and ; (3) by adding at the end the following new subclause: (IV) the benefit amount to which an individual is entitled for that month under subsection (e) or (f) of section 202 if such benefit amount has been increased under paragraph (10) of such subsection. ; and (4) in the matter following subclause (IV) (added by paragraph (3)), by striking (I), (II), and (III) and inserting (I), (II), (III), and (IV). (d) Effective date \nThe amendments made by this section shall apply with respect to widow’s and widower’s insurance benefits for months after November 2005.", "id": "HD0FDEB3E0ED244A9A87D18524246D3F2", "header": "Increase in widow’s and widower’s insurance benefits" }, { "text": "16. Limitation on benefits of married couple to level of maximum worker benefits \n(a) Wife’s insurance benefits \nSection 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended to read as follows: (2) Except as provided in subsection (q) and paragraph (4) of this subsection, such wife’s insurance benefit for each month shall be equal to the excess (not less than zero) of— (A) 150 percent of her husband’s primary insurance amount, over (B) the primary insurance amount for such month of a hypothetical individual who is entitled to old-age insurance insurance benefits for such month, who became entitled to such benefit upon attaining age 62 during the month in which her husband became entitled to old-age insurance benefits, and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the maximum amount includible under this title as wages and self-employment income for such year.. (b) Husband’s insurance benefits \nSection 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended to read as follows: (2) Except as provided in subsection (q) and paragraph (4) of this subsection, such husband’s insurance benefit for each month shall be equal to the excess (not less than zero) of— (A) 150 percent of his wife’s primary insurance amount, over (B) the primary insurance amount for such month of a hypothetical individual who is entitled to old-age insurance insurance benefits for such month, who became entitled to such benefit upon attaining age 62 during the month in which his wife became entitled to old-age insurance benefits, and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the maximum amount includible under this title as wages and self-employment income for such year.. (c) Effective date \nThe amendments made by this section shall apply with respect to benefits for months after November 2004.", "id": "HCBB15AAF5FF24A339048657805A569B", "header": "Limitation on benefits of married couple to level of maximum worker benefits" } ]

[ { "text": "1. Land conveyance, Natural Resources Conservation Service property, Riverside County, California \n(a) Conveyance required \nNotwithstanding any other provision of law, the Secretary of Agriculture shall convey, without consideration, to the Riverside-Corona Resource Conservation District all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 9.5 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. (b) Condition of conveyance \nAs a condition of the conveyance under subsection (a), the Riverside-Corona Resource Conservation District shall agree to use the conveyed property for land conservation and related research and to make the property available, to the furthest extent practicable, to other public agencies engaged in similar activities. (c) Reversionary interest \nIf the Secretary determines that the property conveyed under subsection (a) is not being used in accordance with the condition imposed by subsection (b), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (d) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (e) 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.", "id": "HC58D4DE55C2846D8B928F5DDFE004695", "header": "Land conveyance, Natural Resources Conservation Service property, Riverside County, California" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H5E6D085E76224D5ABBE61A5437C9B89", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) There are sectors of the United States economy, including public transportation, parking meters, vending machines and low-dollar value transactions, in which the use of a $1 coin is both useful and desirable for keeping costs and prices down. (2) For a variety of reasons, the new $1 coin introduced in 2000 has not been widely sought-after by the public, leading to higher costs for merchants and thus higher prices for consumers. (3) The success of the 50-State circulating commemorative quarter program shows that a rotating design on a United States circulating coin radically increases demand for the coin, rapidly pulling it through the economy. (4) The 50-State circulating commemorative quarter program also has been an educational tool, teaching both Americans and visitors something about each State for which a quarter has been issued. (5) A national survey and study by the General Accounting Office has indicated that many Americans who do not seek, or who reject, the new $1 coin for use in commerce would actively seek the coin if an attractive, educational rotating design were to be struck on the coin. (6) The President is the leader of our tripartite government and the President’s spouse has often set the social tone for the White House while spearheading and highlighting important issues for the country. (7) Many people cannot name all of the Presidents, and fewer can name the spouses, nor can many people accurately place the President in the proper time period of American history. (8) First Spouses have not generally been recognized on American coinage. (9) Sacagewea, as currently represented on the new $1 coin, is an important symbol of American history. (10) In order to revitalize the design of United States coinage and return circulating coinage to its position as not only a necessary means of exchange in commerce but as representation of aesthetic beauty, it is appropriate to move many of the mottos and emblems, the inscription of the year, and the so-called “mint marks” that currently appear on the 2 faces of each circulating coin to the edge of the coin, which would allow larger and more dramatic artwork on the coins reminiscent of the so-called “Golden Age of Coinage” in the United States, at the beginning of the Twentieth Century, initiated by President Theodore Roosevelt, with the assistance of noted sculptors and medallic artists James Earle Fraser and Augustus St. Gaudens. (11) Placing inscriptions on the edge of coins, known as edge-incusing, is a hallmark of modern coinage and is common in large-volume production of coinage elsewhere in the world, such as the 2,700,000,000 2-Euro coins in circulation and coins of the People's Republic of China, but it has not been done on a large scale in United States coinage in recent years. (12) Bullion coins are a valuable tool for the investor and, in some cases, an important aspect of the coin-collector field. (13) Although the Congress has authorized the Secretary of the Treasury to issue gold coins with a purity of.9999 percent, the Secretary has not done so. (14) By commencing the issuance of the presidential $1 coins in 2006, coins issued in uncirculated or proof qualities that commemorate the presidency of Thomas Jefferson may be sold in sets with the coins of similar qualities that are issued in 2006 and commemorate the Lewis and Clark expedition, together with $1 coins that bear the image of Sacagewea and are struck for numismatic purposes under section 5112(n)(1)(B) of title 31, United States Code (as amended by section 3 of this Act).", "id": "H76673E16E3D14B9981355D29652B7520", "header": "Findings" }, { "text": "3. Presidential $1 coin program \nSection 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: (n) Redesign and issuance of circulating $1 coins honoring each of the Presidents of the United States \n(1) Redesign beginning in 2006 \n(A) In general \nNotwithstanding subsection (d), $1 coins issued during the appropriate period beginning January 1, 2006, shall have designs on the obverse and reverse sides selected in accordance with this subsection which are emblematic of the Presidents of the United States. (B) Transition provision \nNotwithstanding subparagraph (A), the Secretary may continue to mint and issue $1 coins in 2006 which bear the design in effect before the redesign required under this subsection, as required for numismatic purposes and to ensure a smooth transition into the presidential coin program under this subsection. (2) Design requirements \nThe $1 coins issued in accordance with paragraph (1)(A) shall meet the following design requirements: (A) Coin reverse \nThe reverse of the coin shall bear— (i) a likeness of the Statue of Liberty extending to the rim of the coin and large enough to provide a dramatic representation of Liberty while not being large enough to create the impression of a 2-headed coin; (ii) an inscription, using Arabic numerals, of the value of the coin; and (iii) an inscription of the United States of America. (B) Coin obverse \nThe obverse of the coin shall contain the name and likeness of a President of the United States along with basic information about the President, including the dates of the term of office of such President and a number indicating the order of the term of service in which the President served. (C) Edge-incused inscriptions \nSo that the images on the obverse and reverse of each coin may stretch completely to the rim of the coin for dramatic effect similar to the coin designs of St. Gaudens and James Earle Fraser, the inscription of the year of issuance of the coin and the inscriptions required under subsection (d)(1), other than the designation of the value of the coin or the inscriptions referred to in subparagraphs (A)(iii) and (D), shall be edge-incused into the coin. (D) Inscriptions of liberty \nNotwithstanding the 2d sentence of subsection (d)(1), because the use of the Statue of Liberty on the reverse of the coins issued under this subsection adequately conveys the concept of Liberty, an inscription of Liberty shall not appear on either face of such coins or the edge of the coins. (E) Prohibition on inclusion of sitting President in series \nNo coin issued under this subsection may bear the image of a President who has not completed such President’s term of service. (3) Issuance of coins commemorating presidents \n(A) Order of issuance \nThe coins issued under this subsection commemorating Presidents of the United States shall be issued in the order of the term of service of each President, beginning with President George Washington. (B) Treatment of term of service \n(i) In general \nSubject to clause (ii), only 1 coin design shall be issued per order of service for any President, no matter how many consecutive terms of office the President served. (ii) Nonconsecutive terms \nIf a President has served during 2 or more nonconsecutive terms of service, a coin shall be issued under this subsection for each such nonconsecutive term of service. (4) Issuance of coins commemorating 4 Presidents during each year of the period \n(A) In general \nThe designs for the $1 coins issued during each year of the period referred to in paragraph (1) shall be emblematic of 4 Presidents selected in the order in which they served as President until each President has been so honored. (B) Number of each of 4 coin designs in each year \nOf the $1 coins issued during each year of the period referred to in paragraph (1), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of $1 coins which shall be issued with each of the 4 designs selected for such year. (5) Selection of design \nEach of the designs required under this subsection for $1 coins shall be— (A) selected by the Secretary after consultation with the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee. (6) Treatment as numismatic items \nFor purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. (7) Issuance \nThe Secretary may mint and issue such number of $1 coins of each design selected under paragraph (5) in uncirculated and proof qualities as the Secretary determines to be appropriate. (8) Reversion to preceding design \nUpon the completion of the series of designs required by this subsection, the design of the $1 coin shall revert to the design in use prior to the issuance of coins in accordance with this subsection..", "id": "HC47C357DDE214F5EA57076F3C38759FE", "header": "Presidential $1 coin program" }, { "text": "4. First Spouse bullion coin program \nSection 5112 of title 31, United States Code, is amended by inserting after subsection (n) (as added by section 3 of this Act) the following new subsection: (o) First Spouse bullion coin program \n(1) In general \nDuring the same period in which the $1 coins are issued under subsection (n) which are emblematic of the Presidents of the United States, the Secretary of the Treasury shall issue bullion coins under this subsection that are emblematic of the spouse of each such President. (2) Specifications \nThe coins issued under this subsection shall— (A) have the same diameter as the $1 coins described in subsection (n); (B) be of an appropriate weight and thickness; and (C) contain.9999 percent pure gold. (3) Design requirements \n(A) Coin obverse \nThe obverse of each coin issued under this subsection shall contain the name and likeness of a First Spouse, an inscription of the years of service and a number indicating the order in which his or her spouse served as President. (B) Coin reverse \nThe reverse of each coin issued under this subsection shall bear— (i) images emblematic of the life and work of the First Spouse whose image is borne on the obverse; and (ii) an inscription of the United States of America. (C) Designated denomination \nEach coin issued under this subsection shall bear, on the reverse, an inscription of the designated denomination of the coin, using Arabic numerals, which shall be $10. (D) Design in case of no first spouse \nIn the case of any President who served without a spouse— (i) the image on the obverse of the bullion coin corresponding to the $1 coin relating to such President shall be an image of the concept of Liberty — (I) as represented on a United States coin issued during the term of such President; or (II) in the case of President Chester Alan Arthur, incorporating the name and likeness of Alice Paul, a leading strategist in the suffrage movement, who was instrumental in gaining women the right to vote upon the adoption of the 19th amendment and thus participate in the election of future Presidents, and who was born on January 11, 1885, during the term of President Arthur; and (ii) the reverse of such bullion coin shall be of a design representative of themes of such President, except that in the case of the bullion coin referred to in clause (i)(II) the reverse of such coin shall be representative of the sufferage movement. (E) Design and coin for each spouse \nA coin shall be designed and issued under this section for each person who was the spouse of a President during any portion of a term of office of such President. (F) Edge-incused inscriptions \nSo that the images on the obverse and reverse of each coin may stretch completely to the rim of the coin for dramatic effect, the inscription of the year of issuance of the coin and the inscriptions required under subsection (d)(1), other than the designation of the value of the coin, shall be edge-incused into the coin. (4) Selection of design \nEach of the designs required under this subsection for $1 coins shall be— (A) selected by the Secretary after consultation with the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee. (5) Sale of bullion coins \nEach bullion coin issued under this subsection shall be sold for an amount the Secretary of the Treasury determines to be appropriate that is equal to or greater than the sum of— (A) the face value of the coins; and (B) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (6) Issuance of coins commemorating First Spouses \n(A) In general \nThe bullion coins issued under this section with respect to any spouse of a President shall be issued on the same schedule as the $1 coin issued under subsection (n) with respect to such President. (B) Termination of program \nNo bullion coin may be issued under this section after the design on the $1 coin reverts, in accordance with subsection (n)(8), to the design of the $1 coin preceding the program the issuance of coins under subsection (n). (7) Quality of coins \nThe bullion coins shall be issued in both proof and standard versions and may be sold in sets with the $1 coins issued under subsection (n) or in such other sets as the Secretary of the Treasury sees appropriate, as well as separately..", "id": "H4DE3FDCE88A5427B9E9FD7EA007348F8", "header": "First Spouse bullion coin program" }, { "text": "5. Sense of the Congress \nIt is the sense of the Congress that— (1) the American tradition of not issuing a coin with the image of a living person has served the country well and deserves to be continued as a general practice; (2) the full circulation potential and cost-savings benefit projections for the presidential $1 coin program are not likely to be achieved unless barriers to the circulation of such coins are removed; and (3) in connection with the introduction of the $1 coins under the presidential $1 coin program— (A) the coins should not be introduced with an expensive taxpayer-funded public relations campaign, including the use of the taxpayer-funded United States Mint Public Enterprise Fund; and (B) the Director of the United States Mint, a bureau in the Department of the Treasury, should— (i) work with consumer groups, media outlets, and schools to ensure an adequate amount of news coverage about the start of the coin program so consumers will know of the availability of the coins; and (ii) work closely with merchants who will use the coins, vending machine and other coin acceptor manufacturers, vending machine operators, transit officials, and municipal parking officials, as well as with the Board of Governors of the Federal Reserve System and the various banking and business associations, to ensure that— (I) adequate numbers of vending machines and coin accepting equipment will accept the coin, and are labeled as such; (II) cash register drawers are ready to accept the coins; and (III) the contractors who handle recirculation of coins for the Board of Governors of the Federal Reserve System have machinery available to deliver and recycle the coins in packaging that is useful to businesses, including rolled coins.", "id": "H55C0AD43F07242F7B1709776A108295", "header": "Sense of the Congress" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Lewis and Clark National Historical Park Designation Act of 2004.", "id": "H938428B486B74AB6B3AE6039F669FB00", "header": "Short title" }, { "text": "2. Definitions \nAs used in this Act: (1) Park \nThe term park means the Lewis and Clark National Historical Park designed in section 3. (2) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "HB8FE8C3600A54B988173B42CA871C1B4", "header": "Definitions" }, { "text": "3. Lewis and Clark National Historical Park \n(a) Designation \nIn order to preserve for the benefit of the people of the United States the historic, cultural, scenic, and natural resources associated with the arrival of the Lewis and Clark Expedition in the lower Columbia River area, and for the purpose of commemorating the culmination, and the winter encampment, of the Lewis and Clark Expedition in the winter of 1805–1806 following its successful crossing of the North American Continent, there is designated as a unit of the National Park System the Lewis and Clark National Historical Park. (b) Boundaries \nThe boundaries of the park are those generally depicted on the map entitled Lewis and Clark National Historical Park, Boundary Map , numbered 405/80027, and dated December 2003, and which includes— (1) lands located in Clatsop County, Oregon, which are associated with the winter encampment of the Lewis and Clark Expedition, known as Fort Clatsop and designated as the Fort Clatsop National Memorial by Public Law 85–435 , including the site of the salt cairn (specifically, lot number 18, block 1, Cartwright Park Addition of Seaside, Oregon) utilized by that expedition and adjacent portions of the old trail which led overland from the fort to the coast; (2) lands identified as Fort Clatsop 2002 Addition Lands on the map referred to in this subsection; and (3) lands located along the lower Columbia River in the State of Washington associated with the arrival of the Lewis and Clark Expedition at the Pacific Ocean in 1805, which are identified as Station Camp , Clark’s Dismal Nitch , and a Memorial to Thomas Jefferson on the map referred to in this subsection. (c) Acquisition of land \n(1) The Secretary is authorized to acquire land, interests in land, and improvements therein within the boundaries of the park, as identified on the map referred to in subsection (b), by donation, purchase with donated or appropriated funds, exchange, transfer from any Federal agency, or by such other means as the Secretary deems to be in the public interest. (2) The lands authorized to be acquired under paragraph (1) (other than corporately owned timberlands within the area identified as Fort Clatsop 2002 Addition Lands on the map referred to in subsection (b)) may be acquired only with the consent of the owner. (3) If the owner of corporately owned timberlands within the area identified as Fort Clatsop 2002 Addition Lands on the map referred to in subsection (b) agrees to enter into a sale of such lands as a result of actual condemnation proceedings or in lieu of condemnation proceedings, the Secretary shall enter into a memorandum of understanding with the owner regarding the manner in which such lands will be managed after acquisition by the United States. (d) Map availability \nThe map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "H44AF7AD68B814BE19D40D0029D7FF157", "header": "Lewis and Clark National Historical Park" }, { "text": "4. Administration \n(a) In general \nThe park shall be administered by the Secretary in accordance with this Act and with laws generally applicable to units of the National Park System, including the Act approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq. ) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq. ). (b) Management plan \nWithin three years after funds are made available for this purpose, the Secretary shall prepare an amendment to the General Management Plan for Fort Clatsop National Memorial guide to the management of the Lewis and Clark National Historical Park. (c) Cooperative management \nIn order to facilitate the presentation of a comprehensive picture of the Lewis and Clark Expedition’s experiences in the lower Columbia River area and to promote more efficient administration of the sites associated with those experiences, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Washington and Oregon in accordance with the authority provided under section 3(l) of Public Law 991–383 (112 Stat. 3522; 16 U.S.C. 1a–2 ).", "id": "H2928E06562B441239DB4AD5798DDC2D", "header": "Administration" }, { "text": "5. Repeal of superseded law \n(a) In general \nPublic Law 85–435 (72 Stat. 153; 16 U.S.C. 450mm et seq. ), regarding the establishment and administration of Fort Clatsop National Memorial, is repealed. (b) References \nAny reference in any law (other than this Act), regulation, document, record, map or other paper of the United States to Fort Clatsop National Memorial shall be considered a reference to the Lewis and Clark National Historical Park.", "id": "H7869E948FB6D4F91955BB3AC83A2343", "header": "Repeal of superseded law" }, { "text": "6. Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "HC12624AA97214EAFBF1DF66C9F405C68", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HCB7C8CCB1EF44CE4894F1B69F4EC5FC6", "header": "Short title" }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Television influences children’s perception of the values and behavior that are common and acceptable in society. (2) Broadcast television, cable television, and video programming are— (A) uniquely pervasive presences in the lives of all American children; and (B) readily accessible to all American children. (3) Violent video programming influences children, as does indecent programming. (4) There is empirical evidence that children exposed to violent video programming at a young age have a higher tendency to engage in violent and aggressive behavior later in life than those children not so exposed. (5) There is empirical evidence that children exposed to violent video programming have a greater tendency to assume that acts of violence are acceptable behavior and therefore to imitate such behavior. (6) There is empirical evidence that children exposed to violent video programming have an increased fear of becoming a victim of violence, resulting in increased self-protective behaviors and increased mistrust of others. (7) There is a compelling governmental interest in limiting the negative influences of violent video programming on children. (8) There is a compelling governmental interest in channeling programming with violent content to periods of the day when children are not likely to comprise a substantial portion of the television audience. (9) A significant amount of violent programming that is readily accessible to minors remains unrated specifically for violence and therefore cannot be blocked solely on the basis of its violent content. (10) Age-based ratings that do not include content rating for violence do not allow parents to block programming based solely on violent content thereby rendering ineffective any technology-based blocking mechanism designed to limit violent video programming. (11) The most recent study of the television ratings system by the Kaiser Family Foundation concludes that 79 percent of violent programming is not specifically rated for violence. (12) Technology-based solutions, such as the V-chip, may be helpful in protecting some children, but cannot achieve the compelling governmental interest in protecting all children from violent programming when parents are only able to block programming that has, in fact, been rated for violence. (13) Restricting the hours when violent programming can be shown protects the interests of children whose parents are unavailable, unable to supervise their children’s viewing behavior, do not have the benefit of technology-based solutions, are unable to afford the costs of technology-based solutions, or are unable to determine the content of those shows that are only subject to age-based ratings. (14) After further study, pursuant to a rulemaking, the Federal Communications Commission may conclude that content-based ratings and blocking technology do not effectively protect children from the harm of violent video programming. (15) If the Federal Communications Commission reaches the conclusion described in paragraph (14), the channeling of violent video programming will be the least restrictive means of limiting the exposure of children to the harmful influences of violent video programming.", "id": "H8339EF9C8DAA4C719966C1DE4B89DCA", "header": "Findings" }, { "text": "3. Assessment of effectiveness of current rating system for violence and effectiveness of V-chip in blocking violent programming \n(a) Report \nThe Federal Communications Commission shall— (1) assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors (as defined in section 602(13) of the Communications Act of 1934 ( 47 U.S.C. 522(13) ) to rate and encode programming that could be blocked by parents using the V-chip undertaken under section 715 of the Communications Act of 1934 ( 47 U.S.C. 715 ) and under subsections (w) and (x) of section 303 of that Act ( 47 U.S.C. 303(w) and (x)) in accomplishing the purposes for which they were enacted; and (2) report its findings to the Committee on Commerce, Science, and Transportation of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives, within 12 months after the date of enactment of this Act, and annually thereafter. (b) Action \nIf the Commission finds at any time, as a result of its ongoing assessment under subsection (a), that the measures referred to in subsection (a)(1) are insufficiently effective, then the Commission shall complete a rulemaking within 270 days after the date on which the Commission makes that finding to prohibit the distribution of violent video programming during the hours when children are reasonably likely to comprise a substantial portion of the audience. (c) Definitions \nAny term used in this section that is defined in section 715 of the Communications Act of 1934 ( 47 U.S.C. 715 ), or in regulations under that section, has the same meaning as when used in that section or in those regulations.", "id": "H1E3DDECFB56A4EF0BDDFDEEEAAB4F6BF", "header": "Assessment of effectiveness of current rating system for violence and effectiveness of V-chip in blocking violent programming" }, { "text": "4. Unlawful distribution of violent video programming that is not specifically rated for violence and therefore is not blockable \nTitle VII of the Communications Act of 1934 ( 47 U.S.C. 701 et seq. ) is amended by adding at the end the following: 715. Unlawful distribution of violent video programming not specifically blockable by electronic means \n(a) Unlawful distribution \nIt shall be unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content during hours when children are reasonably likely to comprise a substantial portion of the audience. (b) Rulemaking proceeding \nThe Commission shall conduct a rulemaking proceeding to implement the provisions of this section and shall promulgate final regulations pursuant to that proceeding not later than 9 months after the date of enactment of the. As part of that proceeding, the Commission— (1) may exempt from the prohibition under subsection (a) programming (including news programs and sporting events) whose distribution does not conflict with the objective of protecting children from the negative influences of violent video programming, as that objective is reflected in the findings in section 551(a) of the Telecommunications Act of 1996; (2) shall exempt premium and pay-per-view cable programming and premium and pay-per-view direct-to-home satellite programming; and (3) shall define the term hours when children are reasonably likely to comprise a substantial portion of the audience and the term violent video programming. (c) Enforcement \n(1) Forfeiture penalty \nThe forfeiture penalties established by section 503(b) for violations of section 1464 of title 18, United States Code, shall apply to a violation of this section, or any regulation promulgated under it in the same manner as if a violation of this section, or such a regulation, were a violation of law subject to a forfeiture penalty under that section 503. (2) License revocation \nIf a person repeatedly violates this section or any regulation promulgated under this section, the Commission shall, after notice and opportunity for hearing, revoke any license issued to that person under this Act. (3) License renewals \nThe Commission shall consider, among the elements in its review of an application for renewal of a license under this Act, whether the licensee has complied with this section and the regulations promulgated under this section. (d) Definitions \nFor purposes of this section— (1) Blockable by electronic means \nThe term blockable by electronic means means blockable by the feature described in section 303(x). (2) Distribute \nThe term distribute means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, but it does not include the transmission, retransmission, or receipt of any voice, data, graphics, or video telecommunications accessed through an interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ), which is not originated or transmitted in the ordinary course of business by a television broadcast station or multichannel video programming distributor as defined in section 602(13) of that Act ( 47 U.S.C. 522(13) ). (3) Violent video programming \nThe term violent video programming as defined by the Commission may include matter that is excessive or gratuitous violence within the meaning of the 1992 Broadcast Standards for the Depiction of Violence in Television Programs, December 1992..", "id": "H667E661C800D4706A738C90000FB36CE", "header": "Unlawful distribution of violent video programming that is not specifically rated for violence and therefore is not blockable" }, { "text": "715. Unlawful distribution of violent video programming not specifically blockable by electronic means \n(a) Unlawful distribution \nIt shall be unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content during hours when children are reasonably likely to comprise a substantial portion of the audience. (b) Rulemaking proceeding \nThe Commission shall conduct a rulemaking proceeding to implement the provisions of this section and shall promulgate final regulations pursuant to that proceeding not later than 9 months after the date of enactment of the. As part of that proceeding, the Commission— (1) may exempt from the prohibition under subsection (a) programming (including news programs and sporting events) whose distribution does not conflict with the objective of protecting children from the negative influences of violent video programming, as that objective is reflected in the findings in section 551(a) of the Telecommunications Act of 1996; (2) shall exempt premium and pay-per-view cable programming and premium and pay-per-view direct-to-home satellite programming; and (3) shall define the term hours when children are reasonably likely to comprise a substantial portion of the audience and the term violent video programming. (c) Enforcement \n(1) Forfeiture penalty \nThe forfeiture penalties established by section 503(b) for violations of section 1464 of title 18, United States Code, shall apply to a violation of this section, or any regulation promulgated under it in the same manner as if a violation of this section, or such a regulation, were a violation of law subject to a forfeiture penalty under that section 503. (2) License revocation \nIf a person repeatedly violates this section or any regulation promulgated under this section, the Commission shall, after notice and opportunity for hearing, revoke any license issued to that person under this Act. (3) License renewals \nThe Commission shall consider, among the elements in its review of an application for renewal of a license under this Act, whether the licensee has complied with this section and the regulations promulgated under this section. (d) Definitions \nFor purposes of this section— (1) Blockable by electronic means \nThe term blockable by electronic means means blockable by the feature described in section 303(x). (2) Distribute \nThe term distribute means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, but it does not include the transmission, retransmission, or receipt of any voice, data, graphics, or video telecommunications accessed through an interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ), which is not originated or transmitted in the ordinary course of business by a television broadcast station or multichannel video programming distributor as defined in section 602(13) of that Act ( 47 U.S.C. 522(13) ). (3) Violent video programming \nThe term violent video programming as defined by the Commission may include matter that is excessive or gratuitous violence within the meaning of the 1992 Broadcast Standards for the Depiction of Violence in Television Programs, December 1992.", "id": "H69ECDDBE6C39477B801DE0ADC5BA5B03", "header": "Unlawful distribution of violent video programming not specifically blockable by electronic means" }, { "text": "5. FTC study of marketing strategy improvements \nThe Federal Trade Commission shall continue to study the marketing of violent content by the motion picture, music recording, and computer and video game industries to children, including the improvements to marketing practices developed and implemented by those industries. The Commission shall update its study and report annually, including findings and recommendations, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.", "id": "H7B463284CB8248AAA582E0E534A33494", "header": "FTC study of marketing strategy improvements" }, { "text": "6. Separability \nIf any provision of this Act, or any provision of an amendment made by this Act, or the application thereof to particular persons or circumstances, is found to be unconstitutional, the remainder of this Act or that amendment, or the application thereof to other persons or circumstances shall not be affected.", "id": "HC91349C707D04AEA96B4BD63F427D48D", "header": "Separability" }, { "text": "7. Effective date \nThe prohibition contained in section 715 of the Communications Act of 1934 (as added by section 4 of this Act) and the regulations promulgated thereunder shall take effect 1 year after the regulations are adopted by the Commission.", "id": "HF4B3FF5AED57465FBC171833AC42B8EA", "header": "Effective date" } ]

[ { "text": "1. Expansion of renewable resource credit to include climate neutral combustion processes \n(a) In general \nSection 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following: (D) resources used to produce climate neutral combustion.. (b) Climate neutral combustion defined \nSection 45(c) of such Code (relating to definitions) is amended by adding at the end the following: (5) Climate neutral combustion \n(A) In general \nThe term climate neutral combustion means a combustion system to generate electricity, wherein the combustion is fueled by biomass or fossil energy carriers, where the carbon dioxide, which is released during the combustion process, is captured and applied to a useful purpose, or stored in the Earth’s subsurface by sequestration, and from which there are no atmospheric emissions of mercury or greenhouse gases, nor emissions that form fine particles, smog, or acid rain. (B) Biomass \nFor purposes of subparagraph (A), the term biomass means— (i) any portion of a crop containing cellulose, including rice or other grain hulls or straws, seeds or pits of fruits, nut hulls, orchard residue, tree trimmings, soybean matter, sugarcane or grape bagasse, and (ii) agricultural wastes (other than wastes described in clause (i)), including chicken, cattle, pig, or other livestock waste. (C) Fossil energy carriers \nFor purposes of subparagraph (A), the term fossil energy carrier means— (i) a fossil fuel, such as coal, lignite, petroleum, natural gas, including petcoke, and (ii) refined or gasified forms of such fossil fuels.. (c) Qualified facility \nSection 45(c)(3) of such Code (defining qualified facility) is amended by adding at the end the following: (D) Climate neutral combustion facility \nIn the case of a facility using a climate neutral combustion process to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after December 31, 2004.. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HE656DA0177544115A9EA0814AD117454", "header": "Expansion of renewable resource credit to include climate neutral combustion processes" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rural Housing Equity Act of 2004.", "id": "HBD292C90ADEC4E068C3778000500F305", "header": "Short title" }, { "text": "2. Rural housing assistance eligibility \nNotwithstanding any other provision of law, the Secretary of Agriculture shall consider the City of Casa Grande, Arizona, as meeting the eligibility requirements for loans and grants programs in the Rural Development mission area.", "id": "HFD76AFFC94404D719F4F00DAEE734054", "header": "Rural housing assistance eligibility" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Safe and Effective Drug Act.", "id": "H105C025AB5E14543823BAFEFD61BDBE7", "header": "Short title" }, { "text": "2. Safety and effectiveness of smoking marijuana for medicinal purposes; meta-analysis by National Institute on Drug Abuse \n(a) In general \nThe Director of the National Institutes of Health, acting through the Director of the National Institute on Drug Abuse (referred to in this Act as the Director of the Institute ), shall develop a meta-analysis of the available scientific data regarding the safety and health risks of smoking marijuana and the clinically-proven effectiveness of smoking marijuana for medicinal purposes. (b) Completion of meta-analysis; report \nNot later than 120 days after the date of the enactment of this Act, the Director of the Institute shall complete the meta-analysis under subsection (a) and submit to the Congress a report providing the meta-analysis. The Director shall transmit a copy of the report to the Commissioner of Food and Drugs.", "id": "H65C6D729706140ACBEA900F4EF3CF93", "header": "Safety and effectiveness of smoking marijuana for medicinal purposes; meta-analysis by National Institute on Drug Abuse" }, { "text": "3. Dissemination of meta-analysis by Food and Drug Administration \n(a) Public access to meta-analysis through Internet \nNot later than 30 days after receiving from the Director of the Institute the report under section 2(b), the Commissioner of Food and Drugs shall post such report on the Internet site of the Food and Drug Administration. (b) Dissemination of meta-analysis to certain public health agencies and other appropriate entities \nPromptly after receiving from the Director of the Institute the report under section 2(b), the Commissioner of Food and Drugs shall disseminate the report— (1) to principal public health agencies of all States, including those that authorize the smoking of marijuana for medicinal purposes; and (2) to public health associations, health care professionals, and other appropriate entities that advocate or recommend the smoking of marijuana by patients for medicinal purposes. (c) Definition \nAs used in this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H0D8FB65D19684CE28B9F668900ADA7A5", "header": "Dissemination of meta-analysis by Food and Drug Administration" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Seed Availability and Competition Act of 2004.", "id": "HF78305A91CA54AFA81766349001B6EDA", "header": "Short Title" }, { "text": "2. Retaining Patented Seed \n(a) Registration \nAny person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person— (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained. (b) Fees \nThe Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1). (c) Refunds \nThe Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions \nThe Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c). (e) Patented Seed Fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Patented Seed Fund , consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration \nThe Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders. (f) Inapplicability of contracts and patent fees \nA person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition \nIn this section, the term patented seed means seed for which a person holds a valid patent.", "id": "H2240245721364D5E9D09FA3F696AA98", "header": "Retaining Patented Seed" }, { "text": "3. Tariff on certain imported products \n(a) Tariff \nIn any case in which— (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies, in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of duties \nThere shall be deposited in the Patented Seed Fund established section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definition \nIn this section— (1) the term genetically modified seed means any seed that contains a genetically modified material, was produced with a genetically modified material, or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term genetically modified material means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis.", "id": "HF82AA4C83B5A47CDB77D2F99FC30A1B3", "header": "Tariff on certain imported products" } ]

[ { "text": "1. Parity of wage schedules and rates for prevailing rate employees in Guam with wage schedules and rates for prevailing rate employees in Hawaii \nSection 5343(a) of title 5, United States Code, is amended— (1) in paragraph (3), by striking subject to paragraph (5) and inserting subject to paragraphs (5) and (6) ; (2) in paragraph (4), by striking ; and and inserting a semicolon; (3) in paragraph (5), by striking the period and inserting ; and ; and (4) by adding at the end the following: (6) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in Guam that are the same as the wage schedules and rates for prevailing rate employees in Hawaii..", "id": "H74DB91632BAA44B0BEE511FCC2010C9", "header": "Parity of wage schedules and rates for prevailing rate employees in Guam with wage schedules and rates for prevailing rate employees in Hawaii" }, { "text": "2. Effective date \nThis Act shall be effective with respect to pay periods commencing in any fiscal year that commences at least 6 months after the date of the enactment of this Act.", "id": "HB3D93A4F203946F086136900E8C9EF50", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H41D2A9D113F748C4BBE3FF59D3ACE6F9", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds that— (1) gifts to physicians from pharmaceutical companies lead to the unnecessary prescribing of prescription drugs, inflating the costs of prescriptions and jeopardizing patient safety, (2) the pharmaceutical industry annually spends $13,000,000,000 promoting and marketing their products, by way of meals, travel subsidies, and other gifts to medical professionals, (3) drug companies annually spend more than $15,000 per physician on such promotions, (4) the present extent of physician-industry interactions appears to adversely affect prescribing and professional behavior and should be further addressed at the level of policy and education, and (5) either redirecting these funds to research or lowering the costs of prescription drugs is a much more needed expenditure by the pharmaceutical industry.", "id": "H23C17EA20E5048A4959C568B46F3B92E", "header": "Findings" }, { "text": "3. Disallowance of deduction for physician gift expenses of prescription drug manufacturers \n(a) General rule \nPart IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: 280I. Physician gift expenses of prescription drug manufacturers \n(a) General rule \nNo deduction shall be allowed under this chapter for any physician gift expense paid or incurred by any prescription drug manufacturer. (b) Physician gift expense \nFor purposes of this section, the term physician gift expense means any gift provided directly or indirectly to or for the benefit of a physician, including gifts of meals, sponsored teachings, symposia, and travel, but not including product samples. (c) Prescription drug manufacturer \nFor purposes of this section, the term prescription drug manufacturer means— (1) any person engaged in the trade or business of manufacturing or producing any prescription drug, and (2) any person who is a member of an affiliated group which includes a person described in paragraph (1). For purposes of the preceding sentence, the term affiliated group means any affiliated group as defined in section 1504 (determined without regard to paragraphs (3) and (4) of 1504(b)).. (b) Clerical amendment \nThe table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: Sec. 280I. Physician gift expenses of prescription drug manufacturers. (c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred after December 31, 2004.", "id": "HDF1CFD3FCCBF41E59035127566F03BC3", "header": "Disallowance of deduction for physician gift expenses of prescription drug manufacturers" }, { "text": "280I. Physician gift expenses of prescription drug manufacturers \n(a) General rule \nNo deduction shall be allowed under this chapter for any physician gift expense paid or incurred by any prescription drug manufacturer. (b) Physician gift expense \nFor purposes of this section, the term physician gift expense means any gift provided directly or indirectly to or for the benefit of a physician, including gifts of meals, sponsored teachings, symposia, and travel, but not including product samples. (c) Prescription drug manufacturer \nFor purposes of this section, the term prescription drug manufacturer means— (1) any person engaged in the trade or business of manufacturing or producing any prescription drug, and (2) any person who is a member of an affiliated group which includes a person described in paragraph (1). For purposes of the preceding sentence, the term affiliated group means any affiliated group as defined in section 1504 (determined without regard to paragraphs (3) and (4) of 1504(b)).", "id": "H607AB406F39F43E7814BB52D1194D91", "header": "Physician gift expenses of prescription drug manufacturers" } ]

[ { "text": "1. No-fly zone near nuclear facilities under certain circumstances \n(a) In general \nIf the threat alert level determined by the Homeland Security Advisory System is elevated to code orange or code red, the Secretary of Transportation shall prohibit any commercial or private aircraft from flying below 18,000 feet within a 10-mile radius of a nuclear facility. (b) Definition \nThe term nuclear facility means a commercial nuclear power reactor licensed by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ).", "id": "H8A9D1F8547744E6FB5471900E28F8C8F", "header": "No-fly zone near nuclear facilities under certain circumstances" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Fair and Equitable Tobacco Reform Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Effective date Title I—Termination of Federal tobacco quota and price support programs Sec. 101. Termination of tobacco quota program and related provisions Sec. 102. Termination of tobacco price support program and related provisions Sec. 103. Liability Title II—Transitional payments to tobacco quota holders and active producers of tobacco Sec. 201. Definitions of active tobacco producer and quota holder Sec. 202. Payments to tobacco quota holders Sec. 203. Transition payments for active producers of quota tobacco Sec. 204. Geographical restrictions on expansion of tobacco production Sec. 205. Resolution of disputes Sec. 206. Source of funds for payments", "id": "H950F0818A7424C2D98C38FE524E46750", "header": "Short title; table of contents" }, { "text": "2. Effective date \nThis Act and the amendments made by this Act shall apply to the 2005 and subsequent crops of each kind of tobacco.", "id": "H8CFFCDF4A79D40BA8C3D35FA2138193E", "header": "Effective date" }, { "text": "101. Termination of tobacco quota program and related provisions \n(a) Marketing quotas \nPart I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) is repealed. (b) Processing tax \nSection 9(b) of the Agricultural Adjustment Act ( 7 U.S.C. 609(b) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) in paragraph (2), by striking tobacco, ; and (2) in paragraph (6)(B)(i), by striking , or, in the case of tobacco, is less than the fair exchange value by not more than 10 per centum,. (c) Declaration of policy \nSection 2 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1282 ) is amended by striking tobacco,. (d) Definitions \nSection 301(b) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1301(b) ) is amended— (1) in paragraph (3)— (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); (2) in paragraph (6)(A), by striking tobacco, ; (3) in paragraph (10)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (4) in paragraph (11)(B), by striking and tobacco ; (5) in paragraph (12), by striking tobacco, ; (6) in paragraph (14)— (A) in subparagraph (A), by striking (A) ; and (B) by striking subparagraphs (B), (C), and (D); (7) by striking paragraph (15); (8) in paragraph (16)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (9) by striking paragraph (17); and (10) by redesignating paragraph (16) as paragraph (15). (e) Parity payments \nSection 303 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1303 ) is amended in the first sentence by striking rice, or tobacco, and inserting or rice,. (f) Administrative provisions \nSection 361 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1361 ) is amended by striking tobacco,. (g) Adjustment of quotas \nSection 371 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1371 ) is amended— (1) in the first sentence of subsection (a), by striking rice, or tobacco and inserting or rice ; and (2) in the first sentence of subsection (b), by striking rice, or tobacco and inserting or rice. (h) Regulations \nSection 375 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1375 ) is amended— (1) in subsection (a), by striking peanuts, or tobacco and inserting or peanuts ; and (2) by striking subsection (c). (i) Eminent domain \nSection 378 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1378 ) is amended— (1) in the first sentence of subsection (c), by striking cotton, and tobacco and inserting and cotton ; and (2) by striking subsections (d), (e), and (f). (j) Burley tobacco farm reconstitution \nSection 379 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1379 ) is amended— (1) in subsection (a)— (A) by striking (a) ; and (B) in paragraph (6), by striking , but this clause (6) shall not be applicable in the case of burley tobacco ; and (2) by striking subsections (b) and (c). (k) Acreage-poundage quotas \nSection 4 of the Act of April 16, 1955 ( Public Law 89–12 ; 7 U.S.C. 1314c note), is repealed. (l) Burley tobacco acreage allotments \nThe Act of July 12, 1952 ( 7 U.S.C. 1315 ), is repealed. (m) Transfer of allotments \nSection 703 of the Food and Agriculture Act of 1965 ( 7 U.S.C. 1316 ) is repealed. (n) Advance recourse loans \nSection 13(a)(2)(B) of the Food Security Improvements Act of 1986 ( 7 U.S.C. 1433c–1(a)(2)(B) ) is amended by striking tobacco and. (o) Tobacco field measurement \nSection 1112 of the Omnibus Budget Reconciliation Act of 1987 ( Public Law 100–203 ) is amended by striking subsection (c).", "id": "H13908A2B425F41DBAAD3EF62CC60DB34", "header": "Termination of tobacco quota program and related provisions" }, { "text": "102. Termination of tobacco price support program and related provisions \n(a) Termination of tobacco price support and no net cost provisions \nSections 106, 106A, and 106B of the Agricultural Act of 1949 ( 7 U.S.C. 1445 , 1445–1, 1445–2) are repealed. (b) Parity price support \nSection 101 of the Agricultural Act of 1949 ( 7 U.S.C. 1441 ) is amended— (1) in the first sentence of subsection (a), by striking tobacco (except as otherwise provided herein), corn, and inserting corn ; (2) by striking subsections (c), (g), (h), and (i); (3) in subsection (d)(3)— (A) by striking , except tobacco, ; and (B) by striking and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers; ; and (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (c) Definition of basic agricultural commodity \nSection 408(c) of the Agricultural Act of 1949 ( 7 U.S.C. 1428(c) ) is amended by striking tobacco,. (d) Powers of commodity credit corporation \nSection 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) is amended by inserting (other than tobacco) after agricultural commodities each place it appears.", "id": "HD6EA078D8F41467EBAE26F027C9E7DBF", "header": "Termination of tobacco price support program and related provisions" }, { "text": "103. Liability \nThe amendments made by this title shall not affect the liability of any person under any provision of law so amended with respect to any crop of tobacco planted before the effective date of this Act.", "id": "H0695C6ED98754FA18689C88D1CB08899", "header": "Liability" }, { "text": "201. Definitions of active tobacco producer and quota holder \nIn this title: (1) Active tobacco producer \nThe term active tobacco producer means an owner, operator, landlord, tenant, or sharecropper who, as of the day before the date of the enactment of this Act— (A) shared in the risk of producing tobacco on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act; and (B) was actively engaged on that farm in the production of tobacco marketed or considered planted. (2) Considered planted \nThe term considered planted means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary. (3) Tobacco quota holder \nThe term tobacco quota holder means an owner, as of the day before the date of the enactment of this Act, of a tobacco farm marketing quota or a farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act. (4) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H1253CDF912FD4D8B86E237048F0255FE", "header": "Definitions of active tobacco producer and quota holder" }, { "text": "202. Payments to tobacco quota holders \n(a) Payment required \nThe Secretary shall make payments to each eligible tobacco quota holder for the termination of tobacco marketing quotas and related price support under title I, which shall constitute full and fair compensation for any losses relating to such termination. (b) Eligibility \nTo be eligible to receive a payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of tobacco quota holder. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Individual base quota level \n(1) In general \nThe Secretary shall establish a base quota level applicable to each eligible tobacco quota holder identified under subsection (b). (2) Poundage quotas \nSubject to adjustment under subsection (d), for each kind of tobacco for which the marketing quota is expressed in pounds, the base quota level for each tobacco quota holder shall be equal to the basic tobacco marketing quota under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act for quota tobacco on the farm owned by the tobacco quota holder. (3) Marketing quotas other than poundage quotas \nSubject to adjustment under subsection (d), for each kind of tobacco for which there is marketing quota or allotment on an acreage basis, the base quota level for each tobacco quota holder shall be the amount equal to the product obtained by multiplying— (A) the basic tobacco farm marketing quota or allotment for the marketing year in effect on the date of the enactment of this Act, as established by the Secretary for quota tobacco on the farm owned by the tobacco quota holder; by (B) the average county production yield per acre for the county in which the farm is located for the kind of tobacco for that marketing year. (d) Treatment of certain contracts and agreements \n(1) Effect of purchase contract \nIf there was an agreement for the purchase of all or part of a farm described in subsection (c) as of the date of the enactment of this Act, and the parties to the sale are unable to agree to the disposition of eligibility for payments under this section, the Secretary, taking into account any transfer of quota that has been agreed to, shall provide for the equitable division of the payments among the parties by adjusting the determination of who is the tobacco quota holder with respect to particular pounds of the quota. (2) Effect of agreement for permanent quota transfer \nIf the Secretary determines that there was in existence, as of the day before the date of the enactment of this Act, an agreement for the permanent transfer of quota, but that the transfer was not completed by that date, the Secretary shall consider the tobacco quota holder to be the party to the agreement that, as of that date, was the owner of the farm to which the quota was to be transferred. (e) Total payment amounts based on 2002 marketing year \n(1) Calculation of annual payment amount \nDuring fiscal years 2005 through 2009, the Secretary shall make payments to all eligible tobacco quota holders identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $1.40 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas \nFor each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1). (f) Individual payment amounts \nThe annual payment amount for each eligible tobacco quota holder with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (e) with respect to that kind of tobacco as the individual base quota level of that eligible tobacco quota holder under subsection (c) with respect to that kind of tobacco bears to the total base quota levels of all eligible tobacco quota holders with respect to that kind of tobacco. (g) Death of tobacco quota holder \nIf a tobacco quota holder who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco quota holder.", "id": "HBE378FBC488E46BE9E1B8B07AB14EA00", "header": "Payments to tobacco quota holders" }, { "text": "203. Transition payments for active producers of quota tobacco \n(a) Transition payments required \nThe Secretary shall make transition payments under this section to eligible active producers of quota tobacco. (b) Eligibility \nTo be eligible to receive a transition payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of active producer of quota tobacco. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Current production base \nThe Secretary shall establish a production base applicable to each eligible active producer of quota tobacco identified under subsection (b). A producer’s production base shall be equal to the quantity, in pounds, of quota tobacco subject to the basic marketing quota marketed or considered planted by the producer under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act. (d) Total payment amounts based on 2002 marketing year \n(1) Calculation of annual payment amount \nDuring fiscal years 2005 through 2009, the Secretary shall make payments to all eligible active producers of quota tobacco identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $0.60 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco. (2) Marketing quotas other than poundage quotas \nFor each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1). (e) Individual payment amounts \nThe annual payment amount for each eligible active producer of quota tobacco identified under subsection (b) with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (d) with respect to that kind of tobacco as the individual production base of that eligible active producer under subsection (c) with respect to that kind of tobacco bears to the total production bases determined under that subsection for all eligible active producers of that kind of tobacco. (f) Death of tobacco producer \nIf a tobacco producer who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco producer.", "id": "H5738CCADF135403788BFE8849E16DDE5", "header": "Transition payments for active producers of quota tobacco" }, { "text": "204. Geographical restrictions on expansion of tobacco production \n(a) Purpose \nThe purpose of this section is to provide an orderly economic transition away from the marketing of tobacco based on quotas and price support while also addressing the economic dislocation, and the resulting impact on interstate commerce, that the termination of the tobacco quota and price support programs might cause. (b) Penalty applicable to tobacco grown outside traditional tobacco counties \nThe marketing of tobacco in the 2005 or subsequent marketing years, of a kind of tobacco that was subject to a marketing quota in the 2002 marketing year, shall be subject to a penalty equal to 100 percent of the total amount received on the marketing of the tobacco unless the tobacco was grown in a traditional tobacco county. (c) Definitions \nIn this section: (1) The term marketing year means July 1 to June 30 for flue-cured tobacco and October 1 to September 30 for all other kinds of tobacco. (2) The term marketing quota in the 2002 marketing year means a quota established for that year pursuant to part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) and related provisions, as in effect for that marketing year. (3) The term traditional tobacco county , with respect to a kind of tobacco, means— (A) a county in the United States that had 1 or more farms operated by active producers of quota tobacco of that kind of tobacco under a marketing quota in the 2002 marketing year; or (B) a county contiguous to a county described in subparagraph (A) for that kind of tobacco.", "id": "H7E2A10B6FE3E4DB6A33FC6C446D705CB", "header": "Geographical restrictions on expansion of tobacco production" }, { "text": "205. Resolution of disputes \nAny dispute regarding the eligibility of a person to receive a payment under this title, or the amount of the payment, shall be resolved by the county committee established under section 8 of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h ) for the county or other area in which the farming operation of the person is located.", "id": "H542949EB108C4A4A9054DD4774C4C503", "header": "Resolution of disputes" }, { "text": "206. Source of funds for payments \nThere is hereby appropriated to the Secretary, from amounts in the general fund of the Treasury, such amounts as the Secretary needs in order to make the payments required by sections 202 and 203, provided such amounts do not exceed amounts received in the Treasury under chapter 52 of the Internal Revenue Code of 1986 (relating to tobacco products and cigarette papers and tubes).", "id": "HA3758419BD40446BB3AA333CD9152F4C", "header": "Source of funds for payments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Children's Health Equity Technical Amendments Act of 2004.", "id": "H65AF197A6F1A4208A2D6BC7F5C12EFF6", "header": "Short title" }, { "text": "2. Authority for qualifying states to use portion of SCHIP allotment for any fiscal year for certain medicaid expenditures \n(a) In general \nSection 2105(g)(1)(A) of the Social Security Act ( 42 U.S.C. 1397ee(g)(1)(A) ) (as added by section 1(b) of Public Law 108–74 ) is amended by striking , 1999, 2000, or 2001 and inserting and any fiscal year thereafter. (b) Special rule for use of allotments for fiscal year 2002 or thereafter \nSection 2105(g) of the Social Security Act ( 42 U.S.C. 1397ee(g) ) (as so added and as amended by Public Law 108–127 ) is amended— (1) in paragraph (2), by striking In this subsection and inserting Subject to paragraph (4), in this subsection ; and (2) by adding at the end the following: (4) Special rule regarding authority to use portion of allotments for fiscal year 2002 or thereafter \nNotwithstanding paragraph (2), the authority provided under paragraph (1)(A) with respect to any allotment under section 2104 for fiscal year 2002 or any fiscal year thereafter (insofar as the allotment is available under subsections (e) and (g) of such section), shall only apply to a qualifying State if the State has implemented at least 3 of the following policies and procedures (relating to coverage of children under title XIX and this title): (A) Uniform, simplified application form \nWith respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under title XIX and this title. (B) Elimination of asset test \nThe State does not apply any asset test for eligibility under section 1902(l) or this title with respect to children. (C) Adoption of 12-month continuous enrollment \nThe State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children described in section 1902(a)(10)(A). (D) Same verification and redetermination policies; automatic reassessment of eligibility \nWith respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under title XIX and this title. (E) Outstationing enrollment staff \nThe State provides for the receipt and initial processing of applications for benefits under this title and for children under title XIX at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) and Federally-qualified health centers described in section 1905(l)(2)(B) consistent with section 1902(a)(55).. (c) Conforming amendment \nSection 2105(g)(3) of the Social Security Act ( 42 U.S.C. 1397ee(g)(3) ) is amended by striking paragraphs (1) and (2) and inserting this subsection. (d) Effective date \nThe amendments made by this section take effect as if enacted on October 1, 2003.", "id": "H9D2DE58B4F0E4758B92F42A8DC71A1BE", "header": "Authority for qualifying states to use portion of SCHIP allotment for any fiscal year for certain medicaid expenditures" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H0194D574DBE644BCAABA68213E219D78", "header": "Short title" }, { "text": "2. Establishment of macroeconomic congressional budgets \n(a) Macroeconomic categories \nSection 301(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a) ) is amended by striking paragraph (4) and by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. (b) Additional matters \nSection 301(b) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(b) ) is amended by striking and at the end of paragraph (8), by striking the period and inserting ; and at the end of paragraph (9), and by adding at the end the following new paragraph: (10) set forth appropriate levels for each fiscal year covered by such concurrent resolution for new budget authority and outlays for each major functional category established by the Committees on the Budget (after consultation with each other), based on allocations of the total levels set forth pursuant to subsection (a)(1)..", "id": "H5990545A906C417FA5DCB1C550BCBD5F", "header": "Establishment of macroeconomic congressional budgets" } ]

[ { "text": "1. Repeal of depreciation adjustments in computing alternative minimum taxable income \n(a) Adjustments applicable to all taxpayers \nSubsection (a) of section 56 of the Internal Revenue Code of 1986 (relating to adjustments applicable to all taxpayers) is amended by striking paragraph (1). (b) Item of tax preference \nSubsection (a) of section 57 of such Code (relating to general rule for items of tax preference) is amended by repealing paragraph (6). (c) Conforming amendments \n(1) Section 55(e)(2)(A) of such Code is amended by striking 56(a)(1) (relating to depreciation) and section. (2) Section 1400I(f) of such Code is amended by striking paragraph (4). (d) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2004.", "id": "H208203407AD14391A0A3A2626B03CA00", "header": "Repeal of depreciation adjustments in computing alternative minimum taxable income" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Quality Water Supply Enhancement Act.", "id": "H49A910ADB787410AB68F0677AAD513E", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are— (1) to provide for the development of economically viable advanced water supply enhancement demonstration projects, including desalination, that would— (A) substantially improve access to existing water supplies; and (B) provide access to untapped water sources; (2) to facilitate the widespread commercialization of newly developed water supply for use in real-world applications; (3) to provide objective analyses of water supply policies; and (4) to facilitate collaboration among Federal agencies in the development of advanced water supply demonstration projects, including desalination.", "id": "H5AE8D3F4E3B144218EADAEF90900D69E", "header": "Purposes" }, { "text": "3. Definitions \nIn this Act: (1) Advisory panel \nThe term Advisory Panel means the Water Supply Advisory Panel established under section 5(a). (2) Regional center \nThe term Regional Center means the Regional Center referenced in the National Water Supply Technology Program White Paper, with a specific region of the nation and a specific water theme as designated under section 6(b). (3) Institute \nThe term Institute means the Water Supply Policy Institute designated by section 8(a). (4) Program \nThe term program means the water supply program established under section 4(a). (5) Program coordinator \nThe term Program Coordinator means the lead Facility as described in the National Water Supply Technology Program White Paper. (6) Secretary \nThe term Secretary means the Secretary of the Interior. (7) Water resource agencies \nFederal agencies, as identified in the Interagency Consortium, developed by the Bureau of Reclamation, for Desalination and Membrane Separation. (8) Water supply enhancement \n(A) In general \nThe term water supply enhancement means a demonstration project, including desalination, designed to improve water quality or make more efficient use of existing water sources. (B) Inclusions \nThe term water supply enhancement includes demonstration projects for— (i) reducing water consumption in the production or generation of energy; (ii) desalination and related concentrate disposal; (iii) water reuse; (iv) contaminant removal; (v) agriculture, industrial, and municipal efficiency; and (vi) water monitoring and systems analysis.", "id": "HEAAF6D3535984D5FA439C0CBB3D3D7FF", "header": "Definitions" }, { "text": "4. Desalination and water supply enhancement demonstration program \n(a) Establishment \nThe Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act. (b) Program coordinator \n(1) In general \nThe program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator. (2) Duties \nIn carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall— (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7 ; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to— (i) identify the best water supply demonstration projects; and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program— (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through— (I) project facilities; (II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2) ; (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management.", "id": "H3E39E856C42144FB8CA2E35563C61285", "header": "Desalination and water supply enhancement demonstration program" }, { "text": "5. Water supply advisory panel \n(a) Establishment \nThe Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the Water Supply Advisory Panel , to advise the Program with respect to— (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy. (b) Membership \nThe Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent— (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers.", "id": "HE7C55DC984034655AF70F26CD6F03757", "header": "Water supply advisory panel" }, { "text": "6. Regional centers in water supply enhancement \n(a) In general \nA Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects. (b) Initial regional centers \nThe Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region \nReducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region \nProduced water purification and use for power production and water reuse for mega-cities. (3) Southeast region \nShallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development. (4) Midwest region \nWater efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region \nCogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region \nConjunctive management of hydropower and water; and watershed management. (7) Southwest region \nWater for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management. (8) Pacific region \nPoint of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture. (c) Selection of university partners \nIn consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners. (d) Operational procedures \nNot later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center. (e) Additional regional centers \nSubject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched. (f) Period of designation \n(1) In general \nA designation under subsection (b) , subsection (c) , or subsection (d) shall be for a period of 5 years. (2) Assessment \nA Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal \nAfter the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K). (4) Probation, termination, or nonrenewal \n(A) In general \nBased on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination \nIn coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center. (g) Executive director \nA Regional Center shall be administered by an executive director. (h) Publication of research results \nA Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals.", "id": "HC458A0B0093D47638847494EFADACEE9", "header": "Regional centers in water supply enhancement" }, { "text": "7. Program funding \n(a) Funding to regional centers \n(1) In general \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements. (2) Distribution \nOf the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center’s operational procedures developed under section 6(d) without cost-share requirements. (b) Open-call funding \n(1) In general \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects. (2) Eligible collaborative institutions \nEach of the following are eligible for funding under paragraph (1) : (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia. (3) Distribution of funds \nOf the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations \nNo less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects. (B) National laboratories \nNo less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements. (c) Federal agencies \nNo less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match. (d) Other entities \nThe remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share. (e) Term of grant \n(1) In general \nExcept as provided in paragraph (2) , funds provided under this section shall be for a term of 2 years. (2) Renewal \nThe Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate. (f) Reporting \nOrganizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act. (g) Treatment of funds \nAmounts received under funding provided to a non-Federal entity by this program shall be considered to be non-Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program. (h) Criteria \nThe Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section. (i) Cost-sharing requirement \nA National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement.", "id": "H95B92B194D24410C9D41A739C78C499D", "header": "Program funding" }, { "text": "8. National water supply policy institute \n(a) Designation \nThe Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute. (b) Duties \nThe Institute shall— (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute. (c) Partnerships \nThe Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b). (d) Executive director \nThe Institute shall be administered by an executive director, subject to approval by the Program Coordinator.", "id": "H007EA42C0042481F82C94C55C9CAC2FA", "header": "National water supply policy institute" }, { "text": "9. Reports \n(a) Reports to program coordinator \nAny Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year. (b) Report to congress \nNot later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act.", "id": "HEA8ABD84066B45E980793D80BCA2DB86", "header": "Reports" }, { "text": "10. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009— (1) for the construction of a facility under section 4(b)(2)(A) , $20,000,000; (2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A) , $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000. (b) Allocation \nOf amounts made available under subsection (a)(3) for a fiscal year— (1) not more than the lesser of $10,000,000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a) ; (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a) ; (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J) ; and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b).", "id": "H4167BA5AF8144653871EB2FED4468C67", "header": "Authorization of appropriations" } ]

[ { "text": "1. Cross sound cable order \nNotwithstanding Department of Energy Order No. 202–03–4, issued by the Secretary of Energy on May 7, 2004, or any other provision of law, Department of Energy Order No. 202–03–2, issued by the Secretary of Energy on August 28, 2003, is reinstated effective on the date of enactment of this Act and shall remain in effect unless rescinded by Act of Congress.", "id": "HDF93AF39F62B459FA8E4D6576D003451", "header": "Cross sound cable order" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Enhancing Nutrition in Medical Education Act of 2004.", "id": "HDD12CB1245CE4CB9A4EA5D40E14FA08D", "header": "Short title" }, { "text": "2. Medical school nutrition programs \nPart E of title VII of the Public Health Service Act ( 42 U.S.C. 294n et seq. ) is amended by adding at the end the following: 3 Medical school nutrition programs \n775. Grants for medical school nutrition programs \n(a) Authorization \nThe Secretary may award grants to accredited schools of medicine to integrate innovative curricula on nutrition into medical education. (b) Focus \nThe Secretary shall ensure that innovative curricula on nutrition developed and implemented under this section focus on preventive health measures, including the following: (1) Education on the causes, treatment, and prevention of obesity. (2) Office education and counseling to ensure appropriate diet for mostly healthy people. (3) Prevention and treatment of common nutritional deficiencies. (4) Appropriate and inappropriate use of herbs and supplements. (5) Office recognition and treatment of common eating disorders. (6) Identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. (c) Use of funds \nThe Secretary may not make a grant under subsection (a) unless the school of medicine involved agrees to expend the grant— (1) to develop innovative curricula on nutrition in accordance with subsection (d); (2) to integrate such curricula, to the maximum extent possible, into each year of a student’s medical education at the school, including with respect to preclinical and clinical training; and (3) to evaluate the results achieved with such curricula. (d) Multidisciplinary planning committee \n(1) Establishment \nA school of medicine receiving a grant under this section shall establish a multidisciplinary planning committee to develop the innovative curricula on nutrition to be integrated into the school’s medical education. (2) Membership \nThe members of a multidisciplinary planning committee under this subsection— (A) shall include individuals who will be responsible for implementing the proposed curricular changes within the fields and disciplines of the school’s medical education program; and (B) should include representatives of fields and disciplines outside of the school’s medical education program, such as nursing, nutrition, and public health. (e) Duration \nEach grant under this section shall be for a period of 2 years. (f) Maximum amount \nThe Secretary may not make a grant to any school under this section in an amount that exceeds— (1) $50,000 for any fiscal year; or (2) a total of $100,000. (g) Application \n(1) In general \nTo seek a grant under this section, a school of medicine shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAt a minimum, an application submitted under paragraph (1) shall include the following: (A) A description of the following: (i) The expertise in nutrition of the school’s course directors and faculty members. (ii) The objectives of the program to be carried out with the grant. (iii) The projected impact of the program to be carried out with the grant. (iv) Any barriers to development or implementation of innovative curricula on nutrition at the school of medicine. (v) Strategies for overcoming each such barrier. (vi) The school’s ability to sustain innovative curricula adopted and implemented with the grant beyond the term of the grant. (B) A budget proposal for expending funds under the grant. (C) Letters of support for the application from the dean, and the associate dean for education, of the school of medicine. (h) Report \nNot later than the end of the 2-year period described in subsection (e) for a grant, the school of medicine receiving the grant shall submit a report to the Secretary. Such report shall include a description of the innovative curricula on nutrition developed by the school and the results achieved through the use of such curricula. (i) Dissemination \nNot later than 1 year after the end of the 2-year period described in subsection (e) for all grants awarded under this section, the Secretary shall— (1) prepare a consolidated report on the innovative curricula on nutrition developed by grantees under this section and the results achieved through the use of such curricula; and (2) disseminate such report to schools of medicine. (j) Definition \nIn this section, the term accredited means accredited by the Liaison Committee on Medical Education. (k) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $4,500,000 for the period of fiscal years 2005 through 2006. (2) Administration \nOf the amounts authorized to be appropriated under this section, the Secretary may use not more than $500,000 for costs associated with administration of this section..", "id": "HC0D26544B54243B591C86F16C1DDDD02", "header": "Medical school nutrition programs" }, { "text": "775. Grants for medical school nutrition programs \n(a) Authorization \nThe Secretary may award grants to accredited schools of medicine to integrate innovative curricula on nutrition into medical education. (b) Focus \nThe Secretary shall ensure that innovative curricula on nutrition developed and implemented under this section focus on preventive health measures, including the following: (1) Education on the causes, treatment, and prevention of obesity. (2) Office education and counseling to ensure appropriate diet for mostly healthy people. (3) Prevention and treatment of common nutritional deficiencies. (4) Appropriate and inappropriate use of herbs and supplements. (5) Office recognition and treatment of common eating disorders. (6) Identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. (c) Use of funds \nThe Secretary may not make a grant under subsection (a) unless the school of medicine involved agrees to expend the grant— (1) to develop innovative curricula on nutrition in accordance with subsection (d); (2) to integrate such curricula, to the maximum extent possible, into each year of a student’s medical education at the school, including with respect to preclinical and clinical training; and (3) to evaluate the results achieved with such curricula. (d) Multidisciplinary planning committee \n(1) Establishment \nA school of medicine receiving a grant under this section shall establish a multidisciplinary planning committee to develop the innovative curricula on nutrition to be integrated into the school’s medical education. (2) Membership \nThe members of a multidisciplinary planning committee under this subsection— (A) shall include individuals who will be responsible for implementing the proposed curricular changes within the fields and disciplines of the school’s medical education program; and (B) should include representatives of fields and disciplines outside of the school’s medical education program, such as nursing, nutrition, and public health. (e) Duration \nEach grant under this section shall be for a period of 2 years. (f) Maximum amount \nThe Secretary may not make a grant to any school under this section in an amount that exceeds— (1) $50,000 for any fiscal year; or (2) a total of $100,000. (g) Application \n(1) In general \nTo seek a grant under this section, a school of medicine shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAt a minimum, an application submitted under paragraph (1) shall include the following: (A) A description of the following: (i) The expertise in nutrition of the school’s course directors and faculty members. (ii) The objectives of the program to be carried out with the grant. (iii) The projected impact of the program to be carried out with the grant. (iv) Any barriers to development or implementation of innovative curricula on nutrition at the school of medicine. (v) Strategies for overcoming each such barrier. (vi) The school’s ability to sustain innovative curricula adopted and implemented with the grant beyond the term of the grant. (B) A budget proposal for expending funds under the grant. (C) Letters of support for the application from the dean, and the associate dean for education, of the school of medicine. (h) Report \nNot later than the end of the 2-year period described in subsection (e) for a grant, the school of medicine receiving the grant shall submit a report to the Secretary. Such report shall include a description of the innovative curricula on nutrition developed by the school and the results achieved through the use of such curricula. (i) Dissemination \nNot later than 1 year after the end of the 2-year period described in subsection (e) for all grants awarded under this section, the Secretary shall— (1) prepare a consolidated report on the innovative curricula on nutrition developed by grantees under this section and the results achieved through the use of such curricula; and (2) disseminate such report to schools of medicine. (j) Definition \nIn this section, the term accredited means accredited by the Liaison Committee on Medical Education. (k) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $4,500,000 for the period of fiscal years 2005 through 2006. (2) Administration \nOf the amounts authorized to be appropriated under this section, the Secretary may use not more than $500,000 for costs associated with administration of this section.", "id": "H5B602350A3A14982AAD81942009C4552", "header": "Grants for medical school nutrition programs" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Mailing Support to Troops Act of 2004.", "id": "HA66A5B78951A47A18CD062D3B73F20A2", "header": "Short title" }, { "text": "2. Free mailing privileges \nChapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan \n(a) In general \nAny mail matter to which this section applies may be mailed free of postage if such mail matter— (1) is addressed to an individual who— (A) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10); and (B) (i) is serving in Iraq or Afghanistan; or (ii) is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan; and (2) is sent— (A) by a family member (as defined in section 411h of title 37) of the individual referred to in paragraph (1); and (B) from within an area served by a United States post office. (b) Applicability \nThe free mailing privilege made available by this section— (1) shall apply with respect to— (A) letter mail or sound- or video-recorded communications having the character of personal correspondence; and (B) parcels not exceeding the maximum size allowed by the Postal Service and the Department of Defense for parcels sent to members of the Armed Forces serving in Iraq or Afghanistan; and (2) shall not apply with respect to mail matter that contains any advertising. (c) Rate of postage \nAny mail matter mailed under this section shall be mailed at the equivalent rate of postage which assures that such mail matter will be sent by the most economical means practicable. (d) Marking \nAll mail matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words Free Matter for Member of the Armed Forces of the United States or words to that effect specified by the Postal Service. (e) Regulations \nNot later than 30 days after the date of the enactment of this section, the Postal Service shall, in consultation with the Secretary of Defense, prescribe any regulations necessary to carry out this section. (f) Duration \nThe free mailing privilege made available by this section shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under subsection (e) take effect..", "id": "H38560769A6C24D80B10673A046715AF", "header": "Free mailing privileges" }, { "text": "3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan \n(a) In general \nAny mail matter to which this section applies may be mailed free of postage if such mail matter— (1) is addressed to an individual who— (A) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10); and (B) (i) is serving in Iraq or Afghanistan; or (ii) is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan; and (2) is sent— (A) by a family member (as defined in section 411h of title 37) of the individual referred to in paragraph (1); and (B) from within an area served by a United States post office. (b) Applicability \nThe free mailing privilege made available by this section— (1) shall apply with respect to— (A) letter mail or sound- or video-recorded communications having the character of personal correspondence; and (B) parcels not exceeding the maximum size allowed by the Postal Service and the Department of Defense for parcels sent to members of the Armed Forces serving in Iraq or Afghanistan; and (2) shall not apply with respect to mail matter that contains any advertising. (c) Rate of postage \nAny mail matter mailed under this section shall be mailed at the equivalent rate of postage which assures that such mail matter will be sent by the most economical means practicable. (d) Marking \nAll mail matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words Free Matter for Member of the Armed Forces of the United States or words to that effect specified by the Postal Service. (e) Regulations \nNot later than 30 days after the date of the enactment of this section, the Postal Service shall, in consultation with the Secretary of Defense, prescribe any regulations necessary to carry out this section. (f) Duration \nThe free mailing privilege made available by this section shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under subsection (e) take effect.", "id": "HBB0BD773B93445B1AAF0B206C9B7DBA5", "header": "Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan" }, { "text": "3. Funding \n(a) In general \nSections 2401(c) and 3627 of title 39, United States Code, are amended by striking 3406 and inserting 3407. (b) Air transportation \n(1) In general \nSection 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: (d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.. (2) Amendment to prevent duplicative funding \nSection 3401(e) of title 39, United States Code, is amended— (A) by striking transportation or (2) and inserting transportation, (2) ; and (B) by striking office. and inserting office, or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d)..", "id": "H4076C06A268047B4873B26CE09B161FE", "header": "Funding" }, { "text": "4. Technical and conforming amendments \n(a) Annual budget \nSection 2009 of title 39, United States Code, is amended in the next to last sentence by striking (b) and (c) and inserting (b), (c), and (d). (b) Comprehensive plan references \nSections 2803(a) and 2804(a) of title 39, United States Code, are amended by striking 2401(g) and inserting 2401(f). (c) Chapter analysis \nThe analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan.", "id": "H7944A55EA9FB417A9D88B6D0F668966", "header": "Technical and conforming amendments" } ]

[ { "text": "1. Binding arbitration for Gila River Indian Community Reservation contracts \n(a) Amendments \nSubsection (f) of the first section of the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases , approved August 9, 1955, (69 Stat. 539; 25 U.S.C. 415(f)) 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 An Act to amend the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases , approved August 9, 1955, to provide for binding arbitration clauses in leases and contracts related to reservation lands of the Gila River Indian Community , approved January 23, 2002 (Public Law 107–159).", "id": "HAFF989F8021B4376002BEFC91938B27D", "header": "Binding arbitration for Gila River Indian Community Reservation contracts" } ]

[ { "text": "1. Short title; Findings \n(a) Short title \nThis Act may be cited as the Bennett Freeze Rehabilitation Act of 2004. (b) Findings \nThe Congress finds that— (1) the Navajo Nation is the largest Indian reservation in the United States; (2) the Bennett Freeze, named after former Bureau of Indian Affairs Commissioner Robert Bennett, was administratively issued in 1966 to restrict the Navajo tribe from constructing and repairing their dwellings on land that was subject to a land dispute with the Hopi Tribe; (3) the Bennett Freeze has affected 1,500,000 acres of land, approximately 9 percent of the total acreage of the Navajo Nation, covering 10 Navajo Nation chapters and affecting nearly 8,000 people; (4) only 3 percent of the families affected by the Bennett Freeze have electricity and only 10 percent have running water; (5) since 1966, the population has increased by approximately 65 percent in the Bennett Freeze area, forcing several generations of families to live together in dwellings that have been declared unfit for human habitation; (6) members of the medical community confirm that overcrowding and the absence of running water, refrigeration, and adequate sewage disposal adversely impact the mental and physical health of Navajos residing in the Bennett Freeze area; (7) the Bennett Freeze has halted essential construction, including power line extensions, waterline extensions, road improvements, and community facilities improvements; (8) when the Bennett Freeze was temporarily lifted in 1992, an ambitious $20,000,000 construction plan for new dwellings was proposed that would have improved living conditions and increased the economic viability of the Bennett Freeze area, however, the plan did not become a reality because a Federal judge reinstated the freeze; (9) the Navajo Nation and the Hopi Tribe have since been involved in settlement negotiations to lift the Bennett Freeze; and (10) the Bennett Freeze is a gross violation of treaty obligations to the Navajo Nation.", "id": "H59FFB1FF52454746A9EEDEDD3163C64", "header": "Short title; Findings" }, { "text": "2. Authorization of use of Navajo-Hopi Settlement Act \nSection 12 of Public Law 93–531 ( 16 U.S.C. 640d–11 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e), the following new subsection: (f) The Commissioner may carry out a rehabilitation program to redress the effects of Federal development restrictions in the western portion of the Navajo Reservation. This program shall be limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. There are authorized to be appropriated such sums as are necessary to carry out the program under this subsection..", "id": "HA4CC01D40EE844E9AD0874376589D193", "header": "Authorization of use of Navajo-Hopi Settlement Act" }, { "text": "3. Repeal of the Bennett Freeze \nUpon the approval by the Secretary of the Interior of an agreement between the Navajo Nation and the Hopi Tribe settling the land dispute over the lands subject to the Bennett Freeze, section 10(f) of Public Law 93–531 ( 25 U.S.C. 640d–9(f) ) is repealed.", "id": "HF040D3863752417A9B5FFD8FB4182B54", "header": "Repeal of the Bennett Freeze" } ]

[ { "text": "1. Vaughn Gross Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 8135 Forest Lane in Dallas, Texas, shall be known and designated as the Vaughn Gross Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vaughn Gross Post Office Building.", "id": "H437C57F238F446BEAA6736927E64335E", "header": "Vaughn Gross Post Office Building" } ]

[ { "text": "1. Requirement for videotape recordings of interrogations and other pertinent interactions among detainees or prisoners in the custody of or under the effective control of the United States and members of the armed forces of the United States, intelligence operatives of the United States, and contractors of the United States \n(a) In general \nIn accordance with the Geneva Conventions of 1949, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and prohibitions against any cruel, unusual, and inhumane treatment or punishment under the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, the President shall take such actions as are necessary to ensure that any interrogations and other pertinent interactions between an individual who is a detainee or prisoner in the custody or under the effective control of the armed forces of the United States pursuant to an interrogation, or other pertinent interaction, for the purpose of gathering intelligence and a member of the armed forces of the United States, an intelligence operative of the United States, or a contractor of the United States, is videotaped. (b) Classification of information \nThe President shall provide for the appropriate classification, to protect United States national security and the privacy of detainees or prisoners held by the United States, of videotapes referred to in subsection (a). Videotapes shall be made available, under seal if appropriate, to both prosecution and defense to the extent they are material to any military or civilian criminal proceeding.", "id": "HEC479C2AE6C343BD8654292F75F44B5C", "header": "Requirement for videotape recordings of interrogations and other pertinent interactions among detainees or prisoners in the custody of or under the effective control of the United States and members of the armed forces of the United States, intelligence operatives of the United States, and contractors of the United States" }, { "text": "2. Unfettered access prisoners and detainees of the United States to ensure independent monitoring and transparent investigations \nThe President shall take such actions as are necessary to ensure that representatives of the following organizations are immediately granted unfettered access to detainees or prisoners in the custody or under the effective control of the armed forces of the United States: (1) The International Federation of the International Committee of the Red Cross and the Red Crescent. (2) The United Nations High Commissioner for Human Rights. (3) The United Nations Special Rapporteur on Torture.", "id": "HAEBEC6DD70AC48D5A56664BD503B19F1", "header": "Unfettered access prisoners and detainees of the United States to ensure independent monitoring and transparent investigations" }, { "text": "3. Guidelines for videotape recordings \n(a) Development of guidelines \nThe Judge Advocate General (as defined in section 801(1) of title 10, United States Code, (Article I of the Uniform Code of Military Justice)) shall develop guidelines designed to ensure that the videotaping required under section 1 is sufficiently expansive to prevent any abuse of detainees and prisoners referred to in paragraph (1) and violations of law binding on the United States, including treaties specified in section 1(a). (b) 30-day deadline for submittal to Congress \nNot later than 30 days after the date of the enactment of this Act, the Judge Advocate General shall submit to Congress a report containing the guidelines developed under subsection (a).", "id": "H63CC2BF50ADF4198A8D3BEA0E1F045E", "header": "Guidelines for videotape recordings" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HA4B80F24F20F4BFAB5CCAD0065065816", "header": "Short title" }, { "text": "2. Attorney accountability \nRule 11 of the Federal Rules of Civil Procedure is amended— (1) in subdivision (c)— (A) by amending the first sentence to read as follows: “If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to the other party or parties to pay for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney’s fee.’’; (B) in paragraph (1)(A)— (i) by striking “Rule 5” and all that follows through “corrected.” and inserting “Rule 5.”; and (ii) by striking “the court may award” and inserting “the court shall award’’; and (C) in paragraph (2), by striking “shall be limited to what is sufficient” and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney’s fee. ; and (2) by striking subdivision (d).", "id": "H1F7776EE87B041528CB3B1F600005811", "header": "Attorney accountability" }, { "text": "3. Applicability of Rule 11 to State cases affecting interstate commerce \nIn any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action.", "id": "H5352A572FC264AD39EAFBD006E2635AC", "header": "Applicability of Rule 11 to State cases affecting interstate commerce" }, { "text": "4. Prevention of forum-shopping \n(a) In general \nSubject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or Federal district) in which— (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent— (A) resides at the time of filing; or (B) resided at the time of the alleged injury; or (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; or (3) the defendant's principal place of business is located. (b) Determination of most appropriate forum \nIf a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions \nIn this section: (1) The term personal injury claim — (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; and (B) does not include a claim brought as a class action. (2) The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability \nThis section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act.", "id": "H0EAAD5E7F3F042EF80F60890B94EBC45", "header": "Prevention of forum-shopping" }, { "text": "5. Rule of construction \nNothing in section 3 or in the amendments made by section 2 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law.", "id": "H580BBFABA6D148C6869F5D00FC892F98", "header": "Rule of construction" } ]