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[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the National Forest Organizational Camp Fee Improvement Act of 2003. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings, purpose, and definitions Sec. 3. Fees for occupancy and use of National Forest System lands and facilities by organizational camps Sec. 4. Implementation Sec. 5. Relationship to other laws Sec. 6. Deposit and expenditure of use fees Sec. 7. Ministerial issuance or amendment authorization", "id": "H0DA7E4A7515548D09B3F00CED251A0E9", "header": "Short title; table of contents" }, { "text": "2. Findings, purpose, and definitions \n(a) Findings \nCongress finds the following: (1) Organizational camps, such as those administered by the Boy Scouts, Girl Scouts, and faith-based and community-based organizations, provide a valuable service to young people, individuals with a disability, and their families by promoting physical, mental, and spiritual health through activities conducted in a natural environment. (2) The 192,000,0000 acres of national forests and grasslands of the National Forest System managed for multiple uses by the Forest Service provides an ideal setting for such organizational camps. (3) The Federal Government should charge land use fees for the occupancy and use of National Forest System lands by such organizational camps that, while based on the fair market value of the land in use, also recognize the benefits provided to society by such organizational camps, do not preclude the ability of such organizational camps from utilizing these lands, and permit capital investment in, and maintenance of, camp facilities by such organizational camps or their sponsoring organizations. (4) Organizational camps should— (A) ensure that their facilities meet applicable building and safety codes, including fire and health codes; (B) have annual inspections as required by local law, including at a minimum inspections for fire and food safety; and (C) have in place safety plans that address fire and medical emergencies and encounters with wildlife. (b) Purpose \nIt is the purpose of this Act to establish a land use fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands by organizational camps that serve young people or individuals with a disability. (c) Definitions \nIn this Act: (1) The term organizational camp means a public or semi-public camp that— (A) is developed on National Forest System lands by a nonprofit organization or governmental entity; (B) provides a valuable service to the public by using such lands as a setting to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues; and (C) does not have as its primary purpose raising revenue through commercial activities. (2) The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) The term individual with a disability has the meaning given the term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). (4) The term children at risk means children who are raised in poverty or in single-parent homes or are subject to such circumstances as parental drug abuse, homelessness, or child abuse. (5) The term change in control means— (A) in the case of a corporation, the sale or transfer of a controlling interest in the corporation; (B) in the case of a partnership or limited liability company, the sale or transfer of a controlling interest in the partnership or limited liability company; and (C) in the case of an individual, the sale or transfer of an organizational camp to another party.", "id": "H2D570BDA05BB4DCABE6BD7C5DB4CC440", "header": "Findings, purpose, and definitions" }, { "text": "3. Fees for occupancy and use of National Forest System lands and facilities by organizational camps \n(a) Land use fee \n(1) Percentage of land value \nThe Secretary shall charge an annual land use fee for each organizational camp for its occupancy and use of National Forest System lands equal to five percent of the product of the following: (A) The total number of acres of National Forest System lands authorized for the organizational camp. (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. (2) Annual adjustment \nThe land use fee determined under paragraph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture. (3) Reduction in fees \n(A) Based on type of participants \nThe Secretary shall reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp is attended by individuals with a disability or children at risk. The amount of the reduction for a year shall bear the same ratio to the land use fee determined under paragraph (1) for the organizational camp as the total number of individuals with a disability and children at risk who attend the organizational camp bears to the total number of individuals who attend the organizational camp for the year. (B) Based on type of programs \nAfter making the reduction required by subparagraph (A), the Secretary shall also reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp provides youth programs for individuals attending the camp consisting of organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor-recreation experiences. The amount of the reduction for a year shall be equal to 60 percent of the land use fee determined under paragraph (1), as adjusted under subparagraph (A). (C) Relation to minimum fee \nNotwithstanding subparagraphs (A) and (B), the reductions made under this paragraph may not reduce the land use fee for an organizational camp below the minimum land use fee required to be charged under paragraph (4). (D) Special considerations \nFor purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist individuals in attending the organizational camp. (4) Minimum land use fee \nThe Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary's cost annually to administer an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Notwithstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver. (b) Facility use fee \n(1) Percentage of facilities value \nIf an organizational camp uses a Government-owned facility on National Forest System lands pursuant to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to five percent of the value of the authorized facilities, as determined by the Secretary. (2) Reduction in fees prohibited \nNotwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver. (c) Fee related to receipt of other revenues \nIf an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the facility use fee imposed under subsection (b), an additional fee equal to five percent of that revenue. (d) Work-in-lieu program \nSubject to subsections (a)(4) and (b)(2), section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f) shall apply to the use fees imposed under this section.", "id": "H54AF24D65DFC4875B6006798167800B7", "header": "Fees for occupancy and use of National Forest System lands and facilities by organizational camps" }, { "text": "4. Implementation \n(a) Prompt implementation \nThe Secretary shall issue direction regarding implementation of this Act by interim directive within 180 days after the date of the enactment of this Act. The Secretary shall implement this Act beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after the date of the enactment of this Act. (b) Phase-in of use fee increases \nIn issuing any direction regarding implementation of this Act under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps.", "id": "HE0E0EDBDAFBA40C997D71DBEE178EB36", "header": "Implementation" }, { "text": "5. Relationship to other laws \nExcept as specifically provided by this Act, nothing in this Act supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands.", "id": "H0A15B7FBBB2B469389BE33A912C859C7", "header": "Relationship to other laws" }, { "text": "6. Deposit and expenditure of use fees \n(a) Deposit and availability \nUnless subject to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), use fees collected by the Secretary under this Act shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c). (b) Transfer \nUpon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c). (c) Use \nUse fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service's special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes.", "id": "H5D58C86AA3AE44378778969BA598AB95", "header": "Deposit and expenditure of use fees" }, { "text": "7. Ministerial issuance or amendment authorization \n(a) NEPA exception \nThe ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Rule of construction \nFor purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply: (1) The authorization is issued upon a change in control of the holder of an existing authorization. (2) The holder, upon expiration of an authorization, is issued a new authorization. (3) The authorization is amended— (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or (B) to include nondiscretionary environmental standards or to conform with current law.", "id": "H519D7026EBA84F549D4B18D467601115", "header": "Ministerial issuance or amendment authorization" } ]

[ { "text": "1. Designation of Dr. Miguel A. Nevárez Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 410 South Jackson Road in Edinburg, Texas, shall be known and designated as the Dr. Miguel A. Nevárez 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 Dr. Miguel A Nevárez Post Office Building.", "id": "H35F11EDAEDEC493FACE7411B97D94D6E", "header": "Designation of Dr. Miguel A. Nevárez Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the “San Diego Water Storage and Efficiency Act of 2004”.", "id": "H105F79C7538B456CA428DCD1858183AB", "header": "Short title" }, { "text": "2. Appraisal investigations \n(a) In general \nThe Secretary of the Interior, in consultation and cooperation with the Sweetwater Authority, public water agency, shall undertake, an appraisal investigation to identify and study opportunities for construction of a 3-reservoir intertie system to improve water supply reliability and water yield of the existing non-Federal water storage system. The appraisal report shall include a determination of whether or not to recommend the initiation of a feasibility study for the proposed intertie system. (b) Cooperation \nThe Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the performance of the appraisal investigation conducted pursuant to this section. (c) Costs \nThe Federal obligations for costs of the appraisal investigation conducted pursuant to this section shall conform with Reclamation policy (Reclamation Manual number CMP–05-01).", "id": "H3CBE4D0E79D5486EB79350E010C1F300", "header": "Appraisal investigations" }, { "text": "3. Feasibility study, project development, cost share \n(a) In general \nThe Secretary, in consultation and cooperation with the Sweetwater Authority, is authorized to undertake a study to determine the feasibility of the reservoir and intertie system recommended for such study pursuant to section 2. The feasibility report shall document the Secretary’s engineering, environmental, and economic investigation of the proposed reservoir and intertie project under section 2, taking into consideration the range of potential solutions and the circumstances and needs of the area to be served by the proposed reservoir and intertie project, the potential benefits to the people of that service area, and improved operations of the proposed reservoir and intertie system. The Secretary shall indicate in the feasibility report required under subsection (c) whether the proposed reservoir and intertie project is recommended for implementation. (b) Federal cost share \nThe Federal share of the costs of the feasibility study shall not exceed 50 percent of the total study costs. The Secretary may accept as part of the non-Federal cost share, any contribution of such in-kind services by the Sweetwater Authority that the Secretary determines will contribute toward the conduct and completion of the study. (c) Feasibility report \nThe Secretary shall submit to Congress a feasibility report for the project the Secretary recommends, and to seek, as the Secretary deems appropriate, specific authority to develop and construct any recommended project. This report shall include— (1) good faith letters of intent by Sweetwater Authority and its non-Federal partners to indicate that they have committed to share the allocated costs as determined by the Secretary; and (2) a schedule identifying the annual operation, maintenance, and replacement costs that should be allocated to the Sweetwater Authority, as well as the current and expected financial capability to pay OM&R costs.", "id": "H1088EF64F3AF4C8F9EDA61A1CF693A8", "header": "Feasibility study, project development, cost share" }, { "text": "4. Federal reclamation projects \nNothing in this Act shall supersede or amend the provisions of Federal Reclamation laws or laws associated with any project or any portion of any project constructed under any authority of Federal Reclamation laws.", "id": "HE0545410411F45BF8CE1D578514157D4", "header": "Federal reclamation projects" }, { "text": "5. Authorization of appropriations \nThe Federal costs for the appraisal and feasibility study to be conducted and pursuant to this Act shall not exceed $3,000,000 of the total amount appropriated to carry out this section.", "id": "H1FC98162C8D843A481F6A3B389896BAA", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Northwest Rural Employment and Forest Restoration Act of 2004.", "id": "HCB218067C2044ADFA912442137B06411", "header": "Short title" }, { "text": "2. Definitions \nIn this section: (1) Northwest forest plan \nThe term Northwest Forest Plan means the collection of documents issued in 1994 and entitled Final Supplemental Environmental Impact Statement and Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl and Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl. (2) Westside forest land \nThe term Westside Forest land refers to the publicly owned Douglas fir and western hemlock forests in Oregon and Washington that are covered by the Northwest Forest Plan, located west of the Cascade Crest, and administered by the Bureau of Land Management or the Forest Service. These forests generally belong to the western hemlock and pacific silver fir plant associations and have their geographic center north of the mixed conifer and pine series characteristic of Southern Oregon. These forests are found within the boundaries of the Mt. Baker-Snoqualmie National Forests, Olympic National Forest, Gifford Pinchot National Forest, Siuslaw National Forest, Mount Hood National Forest, Willamette National Forest, Umpqua National Forest, Rogue River National Forest, Salem Bureau of Land Management District, Eugene Bureau of Land Management District, Roseburg Bureau of Land Management District, Coos Bay Bureau of Land Management District, and Medford Bureau of Land Management District. (3) forest health \nThe term forest health , with respect to an area of Westside Forest land, refers to the ability of the land to support viable native species assemblages or to have, or be developing, historic species composition, function, and structure and hydrologic function. (4) Late-successional reserve \nThe term late-successional reserve means land area designated as a late-successional reserve pursuant to the Northwest Forest Plan. (5) Old growth \nThe term old growth means late-successional and mature multi-storied conifer forest stands, more than 120 years old as of the date of the enactment of this Act, that provide, or are likely to provide, complex habitat for associated species assemblages. (6) Young managed stands \nThe term young managed stand means a stand of trees where the overstory has been mechanically removed and the stand has been artificially regenerated.", "id": "HE2135B79B3A5459BABC692301363FE6D", "header": "Definitions" }, { "text": "3. Findings \nCongress finds the following: (1) The Northwest Forest Plan can be better implemented. Better implementation and funding of the Northwest Forest Plan could significantly improve protection for native forest ecosystems and wildlife and substantially increase timber production and economic opportunities for rural communities. (2) Logging of old-growth forests diminishes a unique natural heritage, as well as habitat for rare, threatened and endangered species. Old-growth logging creates intense public controversy that has prevented attainment of the social and economic goals of the Northwest Forest Plan. Thinning in younger, previously managed forests, on the contrary, can help recover habitat, reduce controversy, and create certainty and stability in wood fiber production. (3) To improve habitat and to capture future commodity production potential, the Forest Service and Bureau of Land Management should implement an accelerated thinning regime across a wide landscape, primarily in young managed stands. (4) There are vast unmet thinning needs on Westside Forest lands. Currently there are over 1,000,000 acres of young managed stands designated as late-successional reserves within the range of the Northwest Forest Plan that need immediate thinning or will need thinning in the near future. Additionally, there are approximately 1,000,000 acres of young managed stands designated as matrix on these lands that are also in immediate need of thinning or will need thinning in the near future. (5) The Forest Service estimates that thinning the millions of acres of young managed stands on Westside Forest lands could produce approximately 6,000,000,000 board-feet of commercial timber over the next couple of decades. (6) The timber industry in Oregon and Washington has largely re-tooled its existing mills to process the smaller-diameter commercial timber generated from thinning young managed stands and is no longer dependent on large-diameter old-growth trees. (7) A program of intensive and accelerated thinning in young managed stands could annually yield twice the volume of commercial timber products than the volume currently being produced from Federal lands under the Northwest Forest Plan. (8) The Olympic and Siuslaw National Forests represent nine percent of the National Forest land base in Oregon and Washington under the Northwest Forest Plan, but in 2003 produced almost 20 percent of the volume in this area. A number of factors account for this fact, but the primary reason for these forests’ productivity is the absence of appeals and litigation due to an emphasis on thinning young managed stands. (9) The Siuslaw National Forest generates approximately 20,000,000 board-feet annually, with the potential to generate 50,000,000 board-feet, from young managed stands, resulting in millions of dollars for additional restoration projects, other forest accounts, payments to local counties, and the Federal Treasury. (10) The Gifford Pinchot National Forest was once the top producing forest in Washington. Harvest volumes dropped substantially, to approximately 2,000,000 board-feet of timber per year, due to controversy over old-growth logging. Since shifting to an emphasis on thinning young managed stands, the Gifford Pinchot National Forest can now produce nearly 18,000,000 board-feet of commercial timber annually with virtually no controversy, appeals, or litigation. (11) Thinning young managed stands could significantly contribute to improved forest health, water quality, wildlife and vegetation diversity, and the development of vital old growth forest ecosystems, while providing thousands of jobs and much-needed economic activity in depressed rural communities of Western Oregon and Washington.", "id": "HE3FE2834CA354310B177931EBA67F56F", "header": "Findings" }, { "text": "4. Inventory of Westside Forest land \n(a) Westside forest inventory \nNot later than 180 days after the date of the enactment of this Act, each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land shall— (1) identify different forest land management allocations, as amended by the Northwest Forest Plan; and (2) identify the location, acreage, and age of old growth stands, young managed stands, and other naturally occuring stands, regardless of land management allocation. (b) Existing inventories \nExisting forest inventories may be used to satisfy the requirements of this section, subject to an internal review confirming the accuracy of the inventory.", "id": "H4FE1804272534C57A165A4569354AF7C", "header": "Inventory of Westside Forest land" }, { "text": "5. Management Priorities for Westside Forest land \n(a) Forest health projects; prioritization \nUpon completion of the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit shall plan and implement projects described in subsection (b) through (e) to enhance the forest health of Westside Forest land managed by the administrative unit. In selecting such projects, resources of the administrative unit shall be prioritized so that significant acreage identified in the inventory in the two categories described in subsections (b) and (c) are planned for treatment, and treatment has begun, before planning of projects described in subsections (d) and (e) is commenced. (b) Enhancement of late-successional forest development \nThe highest priority shall be given to projects involving variable density thinning treatments to enhance late-successional forest development in young managed stands in late-successional reserves. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils. All projects shall comply with the management guidelines for late-successional reserves contained in the Northwest Forest Plan, except, notwithstanding the 80-year age limit for late-successional reserve management, active management to improve forest health in young managed stands may occur up to 120 years of age in a late-successional reserve. Appropriate thinning prescriptions for a late-successional reserve shall be site-specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site. (c) Improvement of young managed stands \nThe second highest priority shall be given to projects involving thinning in young managed stands designated for timber production in the matrix designed to increase the objectives of future timber production or enhanced habitat, or both objectives. (d) Testing of innovative management techniques and strategies \nAn administrative unit may plan and implement silvicultural projects under this section that test new and innovative management techniques and strategies in adaptive management areas under the Northwest Forest Plan. Projects shall avoid impacts to unstable slopes, streams, and soils, as defined in the Northwest Forest Plan, as well as identified old growth forests. (e) Projects on matrix land \nFor matrix land containing old growth stands, an administrative unit shall not plan, advertise, contract, or implement any harvest of timber, except for noncommercial use, or noncommercial purposes in an emergency situation such as wildland fire-fighting. Other projects may include any management activity allowed by the Northwest Forest Plan.", "id": "H4708639852EF4B2D8EE8005FE8AD8570", "header": "Management Priorities for Westside Forest land" }, { "text": "6. Preparation of programmatic environmental documentation \n(a) NEPA documentation \nBased on the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit may prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) at the appropriate scale (District, watershed, or subwatershed) to study the significant environmental effects of the major Federal actions contemplated in projects authorized by section 5. (b) Elimination of repetitive discussions of issues \nIf programmatic environmental documentation is prepared under subsection (a), the Forest Service or Bureau of Land Management administrative unit may eliminate repetitive discussions of the same issues and focus on the actual issues ripe for decision at subsequent levels of environmental review. Subsequent levels of environmental review may tier to the programmatic environmental document by summarizing the issues discussed in the broader statement and incorporate discussions from the broader statement by reference.", "id": "H07299F4F4C3A4F4B8EE6D10638177FF6", "header": "Preparation of programmatic environmental documentation" }, { "text": "7. Implementation requirements and authorization of appropriations \n(a) Relation to northwest forest plan \nThis Act is intended to supplement the requirements of the Northwest Forest Plan. Except as provided in section 5, all projects on Westside Forest lands shall be planned and implemented in compliance with the Northwest Forest Plan and all other applicable laws. (b) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 for each fiscal year to plan and implement projects under section 5. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. This authorization of appropriations is in addition to any other authorization of appropriations for the Forest Service or the Bureau of Land Management. (c) Treatment of proceeds from certain projects \n(1) Retained proceeds \nSubject to paragraph (2), an administrative unit of the Forest Service or the Bureau of Land Management may retain proceeds from the sale of commercial timber resulting from a project described in section 5(b) for use in planning and implementing other projects under such section and other projects to improve forest health on Westside Forest lands. (2) Relation to other forest receipt laws \nNothing in this Act shall affect deposits to the Knudsen-Vanderburg Reforestation Trust Fund established under section 3 of the Act of June 9, 1930 ( 16 U.S.C. 576b ), the requirement to make payments to States or counties under any provision of law, or other obligations related to receipts obtained from the sale of forest products from Westside Forest lands.", "id": "H310E53DD537046FE86FF00095F5E7109", "header": "Implementation requirements and authorization of appropriations" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Department of Homeland Security Authorization Act for Fiscal Year 2005. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Information collection, analysis, and dissemination Sec. 101. Information collection requirements and priorities Sec. 102. Access to information Sec. 103. Homeland Security Advisory System Sec. 104. Homeland security information sharing Sec. 105. IAIP personnel recruitment Sec. 106. Participation of the Department in the Terrorist Threat Integration Center Title II—Cybersecurity Sec. 201. Cybersecurity defined Sec. 202. Assistant Secretary for Cybersecurity Title III—Science and Technology Sec. 301. Homeland Security Institute extension Sec. 302. Special access programs Sec. 303. Homeland Security Science and Technology Advisory Committee Sec. 304. Additional budget-related submissions Sec. 305. Technology-related solicitations, contracts, and grants Sec. 306. Homeland security science investment Sec. 307. Cybersecurity training programs and equipment Sec. 308. Joint development of counterterrorism and homeland security technologies, products, and services Sec. 309. Geospatial information Sec. 310. Interoperable communications Sec. 311. Technology development and transfer Title IV—Critical Infrastructure Protection Sec. 401. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection Sec. 402. Sense of Congress regarding private sector participation in the Homeland Security Operations Center Sec. 403. Treatment of global positioning system as critical infrastructure Sec. 404. Coordination of critical infrastructure grants Sec. 405. Critical infrastructure protection awareness Title V—Emergency Preparedness and Response Sec. 501. Terrorism exercise program requirements Sec. 502. Grant award notification and distribution Sec. 503. Mutual aid program Sec. 504. National preparedness goal Sec. 505. Clarification of responsibility for interoperative communications Sec. 506. National biodefense strategy Sec. 507. National strategy to mitigate the radiological and nuclear threat Title VI—Security enforcement and investigations Sec. 601. Plan for enhanced coordination and interoperability of maritime and airborne homeland security assets Sec. 602. Access to border and transportation security information Sec. 603. Combined enrollment centers for expedited inspection programs Sec. 604. Expedited inspection program use at multiple ports of entry Title VII—Departmental Management and operations Sec. 701. Assignment of management responsibilities to Deputy Secretary; establishment of additional officer Sec. 702. Additional budget-related submission Sec. 703. Congressional notification requirements Title VIII—Technical Corrections and Miscellaneous Provisions Sec. 801. Technical correction relating to definition of critical infrastructure information Sec. 802. Clarification of pay level for Director of Bureau of Citizenship and Immigration Services Sec. 803. Director of United States Secret Service Sec. 804. Technical correction renaming the National Imagery and Mapping Agency Sec. 805. No effect on authority of Inspector General Title IX—Authorization of appropriations Sec. 901. Department of Homeland Security Sec. 902. Departmental management and operations Sec. 903. Information analysis and infrastructure protection Sec. 904. Science and technology Sec. 905. Security enforcement and investigations Sec. 906. Emergency preparedness and response", "id": "HA00BE5EE7EE64A1CB91E794771F3A192", "header": "Short title; table of contents" }, { "text": "101. Information collection requirements and priorities \n(a) In general \nSection 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Participation in foreign collection requirements and Management processes \nThe Secretary shall be a member of any Federal Government interagency board, established by executive order or any other binding interagency directive, that is responsible for establishing foreign collection information requirements and priorities for estimative analysis.. (b) Homeland Security Information Requirements Board \n(1) In general \nTitle I of such Act ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following new section: 104. Homeland Security Information Requirements Board \n(a) Establishment of Board \nThere is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership \nThe following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions \n(1) Oversight of homeland security requirements \nThe Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities \nThe Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities \n(A) Coordination with counterpart agencies \nThe Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities \nThe Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined \nIn this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings \n(1) In general \nThe Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives \nThe chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.. (2) Clerical amendment \nThe table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item: Sec. 104. Homeland Security Information Requirements Board.", "id": "H431F83A3FD724C829E780058486C625E", "header": "Information collection requirements and priorities" }, { "text": "104. Homeland Security Information Requirements Board \n(a) Establishment of Board \nThere is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership \nThe following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions \n(1) Oversight of homeland security requirements \nThe Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. (2) Determination of collection priorities \nThe Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities \n(A) Coordination with counterpart agencies \nThe Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. (B) Participation of counterpart entities \nThe Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. (C) Counterpart entity defined \nIn this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings \n(1) In general \nThe Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. (2) Invited representatives \nThe chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.", "id": "HFBEA029043C04DC0B65D443E7E7D5937", "header": "Homeland Security Information Requirements Board" }, { "text": "102. Access to information \n(a) Improvements to secure communications and information technology infrastructure \nParagraph (14) of section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by striking in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate and inserting with maximum flexibility and speed, in furtherance of the responsibilities under this section, and to ensure the simultaneous dissemination of such data and information to all appropriate personnel. (b) Improvement in access to information by Department personnel \nSubsection (a) of section 202 of such Act ( 6 U.S.C. 122 ) is amended by adding at the end the following new paragraph: (3) Utilization \nSubject to the requirements of section 201(d)(12), the Secretary may provide access to any of the information and materials described in this subsection to any personnel of the Department that the Secretary determines requires such access to discharge duties assigned to such personnel.. (c) Establishment of procedures for automatic and immediate transfer of information to the Department \nSubsection (b) of such section is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) the Secretary, in consultation with the appropriate Federal Government officials, shall identify and put into place systems, protocols, and procedures to ensure that appropriate personnel of the Department are provided access to such information automatically and immediately.. (d) Effect of provision of information to the Terrorist Threat Integration Center \nSubsection (d) of such section is amended by adding at the end the following new paragraph: (3) Obligation to share information \nExcept as otherwise directed by the President or with the specific written agreement of the Secretary, no Federal agency or official shall be deemed to have discharged any obligation to share any information, report, assessment, or other material, including unevaluated intelligence information, with the Department solely by virtue of having provided that information, report, assessment, or other material to the Terrorist Threat Integration Center or to any entity that succeeds to any of the functions of the Terrorist Threat Integration Center..", "id": "HBD87A9AD0DA34B61913705048BE5423C", "header": "Access to information" }, { "text": "103. Homeland Security Advisory System \n(a) Coordination of advisories \nSection 201(d)(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(7) ) is amended— (1) by striking and after the semicolon at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following: (C) except as otherwise directed by the President, coordinating the issuance of homeland security advisories, warnings, and advice from other Federal agencies to State and local government agencies and authorities, the private sector, other entities, and the public.. (b) Use of Homeland Security Advisory System \n(1) In general \nSubtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. Use of Homeland Security Advisory System \n(a) Public advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.. (2) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 202 the following: Sec. 203. Use of Homeland Security Advisory System.", "id": "H754C2BD797484ACFB9A568FFA047168", "header": "Homeland Security Advisory System" }, { "text": "203. Use of Homeland Security Advisory System \n(a) Public advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories \nIf the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat.", "id": "H7C2A6275E4CB47729EE3F40513AF00D7", "header": "Use of Homeland Security Advisory System" }, { "text": "104. Homeland security information sharing \n(a) Administration of the homeland security information network \nSection 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by adding at the end the following new paragraph: (20) To administer the homeland security information network, including— (A) exercising primary responsibility for creating a secure nationwide real-time homeland security information sharing network for Federal, State, and local government agencies and authorities, the private sector, and other governmental and private entities involved in receiving, analyzing, and distributing information related to threats to homeland security; and (B) ensuring that the information sharing systems, developed in connection with the network created under subparagraph (A), utilize and are compatible with, to the greatest extent practicable, Federal, State, and local government and private sector antiterrorism systems and protocols that have been or are being developed.. (b) Coordination of dissemination of information to non-Federal entities \n(1) In general \nSection 892 of such Act ( 6 U.S.C. 482 ) is amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (B) by inserting after subsection (e) the following new subsection (f): (f) Requirement for coordination of dissemination of information to non-Federal entities \n(1) In general \nExcept as otherwise directed by the President or with the specific written agreement of the Secretary, no element of the intelligence community nor any department, agency, or other entity having Federal law enforcement responsibilities, nor any partnership or joint venture consisting wholly or in part of such entities, shall disseminate its analytic products or conclusions related to threats to homeland security to State, local, or private sector officials without the prior approval of the Secretary, except that the head of such an element, department, agency, or other entity may disseminate an analytic product or conclusion without the Secretary's approval— (A) when and to the extent that exigent circumstances require that a specific analytic product or conclusion be disseminated in order to prevent, preempt, or disrupt an imminent threat of death or serious bodily injury or significant damage to United States persons, infrastructure or other interests; or (B) when it is necessary to share an analytic product or conclusion with Federal, State, and local law enforcement officials relating to a law enforcement activity, if— (i) the Department is provided, as soon as feasible, notice of the potential of such a communication and is, to the extent practicable, included in the development of such communication through the Department's liaison at the headquarters of the Federal Bureau of Investigation; and (ii) the Secretary must approve any further dissemination of such analytic product or conclusion to non-law enforcement State and local officials, the private sector, or the public. (2) When an analytic product or conclusion is disseminated pursuant to paragraph (1)(A), the Secretary and the appropriate entities or officials in other United States Government agencies shall be notified immediately of that dissemination.. (2) Definition \nSubsection (g) of such section (as redesignated by paragraph (1)(A)) is amended by adding at the end the following new paragraph: (5) Analytic product or conclusion \nThe term analytic product or conclusion means any product of the analysis of one or more pieces of homeland security information in which inferences have been drawn from such information to arrive at a determination about a fact (including a potential threat) that was not explicit or apparent on the face of the information itself, but does not include mere summaries of homeland security information..", "id": "HCE417DD6A5A643C29574FAAA45B3C988", "header": "Homeland security information sharing" }, { "text": "105. IAIP personnel recruitment \n(a) In general \nChapter 97 of title 5, United States Code, is amended by adding after section 9701 the following: 9702. Recruitment bonuses \n(a) In general \nNotwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount \n(1) In general \nThe amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment \nA bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule \nFor purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements \nPayment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility \nA bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants \n(a) In general \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability \nThis section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition \nFor purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations \nThe Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703.. (b) Clerical amendment \nThe analysis for chapter 97 of title 5, United States Code, is amended by adding after the item relating to section 9701 the following: 9702. Recruitment bonuses 9703. Reemployed annuitants 9704. Regulations.", "id": "HDE46845269F049C187AE8EA507D74C4C", "header": "IAIP personnel recruitment" }, { "text": "9702. Recruitment bonuses \n(a) In general \nNotwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. (b) Bonus amount \n(1) In general \nThe amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment \nA bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule \nFor purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. (c) Service agreements \nPayment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility \nA bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007.", "id": "H14882CF7F30F4DB4A97039CF3C193907", "header": "Recruitment bonuses" }, { "text": "9703. Reemployed annuitants \n(a) In general \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (b) Applicability \nThis section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. (c) Definition \nFor purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate.", "id": "H618A3ACA21104B4A9BA0CE49D337FE32", "header": "Reemployed annuitants" }, { "text": "9704. Regulations \nThe Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703.", "id": "H45C6F1303C9A4E55B999A7CDA4CFB0B9", "header": "Regulations" }, { "text": "106. Participation of the Department in the Terrorist Threat Integration Center \n(a) Assignment of personnel \nSection 201(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(e) ) is amended by adding at the end the following new paragraph: (4) Assignment of personnel to ttic \nPersonnel of the Department may be assigned to the Terrorist Threat Integration Center (or any successor entity) only for the purpose of performing analytic functions and related duties.. (b) Report on participation in Terrorist Threat Integration Center \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to each appropriate congressional committee an unclassified report that describes in detail the nature and scope of the participation of the Department of Homeland Security in, and interaction with, the Terrorist Threat Integration Center. (2) Contents \nThe report required by paragraph (1) shall include the following information: (A) The total funding that has been provided by the Department to the Center and the cost of any personnel, services, or materials the Department has provided to the Center. (B) The number, expertise, and employing component of Department personnel assigned to the Center. (C) Any non-Department regulation, policy or directive that governs the qualifications, job performance, or conduct of Department personnel assigned to the Center. (D) A description of all analytic products originated by the Center that are routinely disseminated to the Department, including the entities or officials within the Department that routinely receive such products, and the means by which such products are disseminated. (E) A description of how each analytic product provided to the Department by the Center is utilized by the Department, including a specification of which, if any, such products the Department routinely disseminates to State, local, or private sector officials. (3) Form of submission \nThe report required by this section shall be submitted in unclassified form, but may include a classified annex. (4) Definitions \nIn this subsection: (A) Secretary \nThe term Secretary means the Secretary of Homeland Security. (B) Appropriate congressional committees \nThe term appropriate congressional committee has the meaning given that term in section 2(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(2) ). (C) Center \nThe term Center means the Terrorist Threat Integration Center.", "id": "HC246DEAB47B34DB7B3174194DE857BC4", "header": "Participation of the Department in the Terrorist Threat Integration Center" }, { "text": "201. Cybersecurity defined \n(a) Paperwork reduction Act \nSection 3502 of title 44, United States Code, is amended by striking and after the semicolon at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ; and , and by adding at the end the following: (15) (A) the term cybersecurity means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communications, and electronic communications, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation; and (B) in this paragraph— (i) each of the terms damage and computer has the meaning that term has in section 1030 of title 18, United States Code; and (ii) each of the terms electronic communications system , electronic communication service , wire communication , and electronic communication has the meaning that term has in section 2510 of title 18, United States Code.. (b) Homeland Security Act of 2002 \nSection 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ) is amended by adding at the end the following: (17) (A) The term cybersecurity has the meaning given that term in section 3502 of title 44, United States Code, as in effect on the date of the enactment of the Department of Homeland Security Authorization Act for Fiscal Year 2005..", "id": "HD052F8C902494648B3042D4C32FA8647", "header": "Cybersecurity defined" }, { "text": "202. Assistant Secretary for Cybersecurity \n(a) In general \nSubtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. Assistant Secretary for Cybersecurity \n(a) In general \nThere shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority \nThe Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. (c) Responsibilities \nThe responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. (d) Authority over the National Communications System \nThe Assistant Secretary shall have primary authority within the Department over the National Communications System.. (b) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: 203. Assistant Secretary for Cybersecurity.", "id": "HC82103AA62654C96891F81C140B8F924", "header": "Assistant Secretary for Cybersecurity" }, { "text": "203. Assistant Secretary for Cybersecurity \n(a) In general \nThere shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority \nThe Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. (c) Responsibilities \nThe responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. (d) Authority over the National Communications System \nThe Assistant Secretary shall have primary authority within the Department over the National Communications System.", "id": "HB80F51AE49DE458A9B6F252529CC6E2F", "header": "Assistant Secretary for Cybersecurity" }, { "text": "301. Homeland Security Institute extension \nSection 312(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 192(g) ) is amended to read as follows: (g) Termination \nThe Homeland Security Institute shall terminate 10 years after its establishment..", "id": "H9C078E8F1D37496EA67CE58CF9B46266", "header": "Homeland Security Institute extension" }, { "text": "302. Special access programs \nFor the purposes of carrying out the responsibilities of the Secretary under section 302 of the Homeland Security Act of 2002 ( 6 U.S.C. 182 ), the Secretary is authorized to establish and maintain special access programs associated with research, development, test and evaluation, and acquisition of technology or systems. Access to knowledge of such programs shall be strictly limited, and such programs shall be subject to restricted reporting requirements in the manner described in section 119 of title 10, United States Code. Nothing in this section shall be construed to alter or diminish the effect of section 306(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 186(a) ).", "id": "HBCDED912605241D5B7D87567700045D9", "header": "Special access programs" }, { "text": "303. Homeland Security Science and Technology Advisory Committee \nSection 311(c)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 191(c)(2) ) is amended to read as follows: (2) Original appointments \nThe original members of the Advisory Committee shall be appointed to three classes. One class of six shall have a term of 1 year, one class of seven a term of 2 years, and one class of seven a term of 3 years..", "id": "H488A46DC63624772866CF8007E3B9955", "header": "Homeland Security Science and Technology Advisory Committee" }, { "text": "304. Additional budget-related submissions \n(a) In general \nBeginning in fiscal year 2006, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress budget request information for the Directorate of Science and Technology that includes research portfolio-based budget submissions and estimated funding summaries for each of— (1) the Office of Research and Development; (2) the Office of Homeland Security Advanced Research Projects Agency; (3) the Office of Systems Engineering Development; (4) the Office of Plans, Programs, and Budget; and (5) such other major Directorate components as the Secretary may establish. (b) Submission \nThe Secretary shall submit the information required under subsection (a) at the same time as the submission of the President’s annual budget request to the Congress.", "id": "HC5588158748E470282B6C5A8B785D62B", "header": "Additional budget-related submissions" }, { "text": "305. Technology-related solicitations, contracts, and grants \nNot later than 60 days after the end of each fiscal year, the Under Secretary for Science and Technology shall transmit to the Congress a summary of the solicitations and resulting contracts and grants awarded by the Directorate of Science and Technology in the past fiscal year, including— (1) a description of each solicitation offered, the number of proposals received in response to each solicitation, and the number of proposals selected for funding for each solicitation; (2) a description of the process used for proposal selection in each solicitation, including the role of peer review; (3) the status of contract funding with respect to each selected proposal; (4) a breakdown of the types of organizations receiving funding, such as institutions of higher education, small businesses, private industry, and nonprofit organizations; and (5) the number of transactions entered into as authorized under section 831(a)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a)(1) ) and a description of the benefits of the use of this authority by the Directorate of Science and Technology.", "id": "H053D1074552745A4A90043232EE7D3D1", "header": "Technology-related solicitations, contracts, and grants" }, { "text": "306. Homeland security science investment \n(a) Assessment \nThe Secretary of Homeland Security shall conduct an assessment of— (1) the development of national capabilities in homeland security science and technology to address basic scientific research needs, which shall— (A) identify the most important scientific and technological challenges and priorities for homeland security; (B) assess the extent to which the Department of Homeland Security research and development agenda is addressing the challenges and priorities identified under subparagraph (A); (C) assess whether the Department is effectively coordinating Federal research and development efforts in homeland security, particularly in the areas identified under subparagraph (A); (D) assess the extent to which the agenda of the Department for basic research ensures that the Nation undertakes appropriate science investments to meet the long-term homeland security needs of the Nation, and recommend the extent to which such investments should be undertaken; and (E) identify the criteria used for setting the optimal level of investment in basic research; and (2) the methods used by the Directorate of Science and Technology for the prioritization of science and technology projects among, and within, research portfolios, including the selection and execution of such projects, which shall— (A) evaluate the process by which the Directorate obtains classified and unclassified threat and vulnerability information, and how that information is used to inform decisions on resource and funding allocations; (B) evaluate the usefulness of following a cost/benefit analysis to allocate funding among those portfolios and Directorate components; and (C) evaluate the current methodology for selecting, funding, and awarding homeland security science programs at the national laboratories and academic institutions, and whether optimal use of such laboratories and institutions is being made. (b) Deadline \nNot later than one year after the date of enactment of this Act, the Secretary shall transmit to the Congress the findings of the Department’s assessment under subsection (a), including recommendations for improvements where necessary.", "id": "HD0CCF814B6E840BCBC4738F20708E39C", "header": "Homeland security science investment" }, { "text": "307. Cybersecurity training programs and equipment \n(a) In general \nThe Secretary of Homeland Security, acting through the Assistant Secretary for Cybersecurity, may establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for— (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs. (b) Roles \n(1) Department of Homeland Security \nThe Secretary, acting through the Assistant Secretary for Cybersecurity and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants under the program. (2) National Science Foundation \nThe Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering grant awards. The Director may consult with the Assistant Secretary for Cybersecurity in selecting awardees. (3) Funding \nThe Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Grant awards \n(1) Peer review \nAll grant awards under this section shall be made on a competitive, merit-reviewed basis. (2) Focus \nIn making grant awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities. (3) Preference \nIn making grant awards under this section, the Director shall give preference to applications submitted by consortia of institutions to encourage as many students and professionals as possible to benefit from this program. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for fiscal year 2005. (e) Definitions \nIn this section, the term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).", "id": "HF319B8DD0F2F4AA8993D022D22E2CA59", "header": "Cybersecurity training programs and equipment" }, { "text": "308. Joint development of counterterrorism and homeland security technologies, products, and services \n(a) Authorization \nFor the purpose of jointly developing counterterrorism and homeland security technologies, products, and services, the Secretary of Homeland Security may enter into agreements or partnerships with foreign governments that are allies of the United States in the war on terrorism and have extensive experience in counterterrorism activities, including the Government of Israel and the Government of the United Kingdom. (b) Funding \nOf the amounts appropriated for programs administered by the Directorate of Science and Technology of the Department of Homeland Security for fiscal year 2005, there is authorized up to $20,000,000 to carry out this section.", "id": "HF418CD3DA6824190B43CC019242D57C4", "header": "Joint development of counterterrorism and homeland security technologies, products, and services" }, { "text": "309. Geospatial information \n(a) Coordination of geospatial information \nWith respect to geospatial technology, and interoperability of such technology, the Secretary of Homeland Security shall— (1) identify the homeland security-related geospatial information needs of the Department of Homeland Security; (2) evaluate the geospatial information gathering activities of the Directorates of the Department, and take appropriate actions to enhance information sharing, integration, or consolidation with respect to such activities within the Department; (3) evaluate geospatial technologies, including information, data, systems, services, hardware, and software, that are utilized by or available to the Department; (4) evaluate whether geospatial information collected under projects for which the Department has provided grant funds is available to the Department; (5) ensure that the Department is participating in and coordinating with the Federal Geographic Data Committee and other similar entities; (6) identify the homeland security-related geospatial information that is being collected by other Federal agencies, and evaluate its usefulness to the Department; (7) coordinate geospatial information sharing processes between the Department and other Federal, State, and local agencies; and (8) to the extent practicable, utilize commercial geospatial data and services to meet the geospatial information needs of the Department or to supplement the geospatial activities of the Department and its directorates. (b) Geospatial Management Office \nThe Secretary of Homeland Security shall establish a Geospatial Management Office. The head of such office shall be the Geospatial Information Officer, who shall be responsible for coordinating the geospatial information activities of the Department of Homeland Security, with support and assistance from other Directorates and offices within the Department. (c) Defined terms \nAs used in this subsection: (1) Geospatial information \nThe term geospatial information means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images. (2) Geospatial technology \nThe term geospatial technology means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including global satellite surveillance systems, global position systems (GPS), geographic information systems (GIS), mapping equipment, geocoding technology, and remote sensing devices.", "id": "H392ED0F8770B420CBE4DB2B4A3686938", "header": "Geospatial information" }, { "text": "310. Interoperable communications \n(a) Coordination of public safety interoperable communications programs \nThe Secretary of Homeland Security shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall— (1) establish a comprehensive national approach to achieving public safety interoperable communications; (2) coordinate with other Federal agencies in carrying out paragraph (1); (3) develop, in consultation with other appropriate Federal agencies and State and local authorities, an appropriate baseline of communications interoperability for Federal, State, and local public safety agencies; (4) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications; (5) encourage the development of flexible and open architectures, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability; (6) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications; (7) identify priorities within the Department for research, development, and testing and evaluation with regard to public safety interoperable communications; (8) establish coordinated guidance for Federal grant programs for public safety interoperable communications; (9) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability; (10) develop and disseminate best practices to improve public safety communications interoperability; and (11) develop appropriate performance measures and milestones to systematically measure the Nation’s progress towards achieving public safety communications interoperability, including the development of national voluntary consensus standards. (b) Office of Public Safety Interoperable Communications \n(1) Establishment \nThe Secretary may establish an Office of Public Safety Interoperable Communications to carry out this section. (2) Applicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to advisory groups established and maintained by the Office. (c) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development.", "id": "H7220421868DB47DF9EE33F8420557E2D", "header": "Interoperable communications" }, { "text": "311. Technology development and transfer \n(a) Transfer program \nSection 313 of the Homeland Security Act of 2002 ( 6 U.S.C. 193 ) is amended— (1) by adding at the end of subsection (b) the following new paragraph: (6) The establishment of a homeland security technology and equipment transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector. ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: (c) Technology transfer program \nIn developing the program described in subsection (b)(6), the Secretary, acting through the Under Secretary for Science and Technology, shall— (1) in consultation with the Under Secretary for Emergency Preparedness and Response and the Director of the Office for Domestic Preparedness, on an ongoing basis— (A) conduct surveys and reviews of available appropriate technologies that have been developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, or the private sector, and that may be useful in assisting Federal, State, and local governmental agencies, emergency response providers, or the private sector to prevent, prepare for, or respond to acts of terrorism; (B) conduct or support tests, evaluations, or demonstrations as appropriate of technologies identified under subparagraph (A), including any necessary modifications to such technologies for counterterrorism use; and (C) communicate to Federal, State, and local governmental agencies, emergency response providers, or the private sector the availability of such technologies for counterterrorism use; and (2) in support of the activities described in paragraph (1)— (A) consult with Federal, State, and local emergency response providers; (B) consult with government and nationally recognized standards organizations as appropriate; (C) enter into agreements and coordinate with other Federal agencies as the Secretary determines appropriate, in order to maximize the effectiveness of such technologies or to facilitate commercialization of such technologies; and (D) consult with existing technology transfer programs and Federal and State training centers that test, evaluate, and transfer military and other technologies for use by emergency response providers.. (b) Report \nNot later than one year after the date of enactment of this Act, the Under Secretary for Science and Technology shall transmit to the Congress a description of the progress the Department has made in implementing the provisions of section 313 of the Homeland Security Act of 2002, as amended by this Act, including a description of the process used to review unsolicited proposals received as described in subsection (b)(3) of such section. (c) Savings Clause \nNothing in this section (including the amendments made by this section) shall be construed to alter or diminish the effect of the limitation on the authority of the Secretary of Homeland Security under section 302(4) of the Homeland Security Act of 2002 ( 6 U.S.C. 182(4) ) with respect to human health-related research and development activities.", "id": "H4F9683C2EF6947A891121069CA6FDC30", "header": "Technology development and transfer" }, { "text": "401. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection \n(a) In general \nTitle II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: E Miscellaneous \n251. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection \n(a) Establishment \nThere is hereby established the Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection, which shall be evidenced by a medal of such design, materials, and inscriptions as the Secretary may prescribe. (b) Making and presentation of award \n(1) In general \nThe President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations that in the judgment of the President or the Secretary significantly enhance the security of critical infrastructure through implementing innovative solutions, improvements, or practices, creating a competitive atmosphere for industry to adopt the most comprehensive homeland security solutions and systems, and that as a consequence are deserving of special recognition. (2) Presentation \nThe presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may consider proper. (3) Publication and use of award \nAn organization to which an award is made under this section may publicize its receipt of such award and use the award in its advertising. (4) Limitation on eligibility \nAn organization to which an award is made under this section shall be ineligible to receive another such award in the same category for a period of 5 years. (c) Categories of awards \n(1) In general \nSubject to paragraphs (2), (3), and (4), separate awards shall be made to qualifying organizations in each of the following categories: (A) Cyber infrastructure. (B) Physical infrastructure. (C) Human capital. (D) Innovative approaches to infrastructure independency. (2) Modification of categories \nThe Secretary may at any time expand, subdivide, or otherwise modify the list of categories under paragraph (1), and may establish separate awards for small businesses, units of government, or other organizations upon a determination that the objectives of this section would be better served thereby. (3) Limitation on number of awards in category \nNot more than two awards may be made within any category in any year, unless the Secretary determines that a third award is merited due to extraordinary circumstances. (d) Criteria for qualification \n(1) In general \nAn organization may qualify for an award under this section only if it— (A) applies to the Secretary, in writing, for the award; (B) permits a rigorous evaluation of the way in which its business and other operations have implemented innovative solutions, improvements, or practices to secure critical infrastructure; (C) agrees to share its experience to assist other American organizations improve their implementation of solutions, improvements, or practices to secure critical infrastructure; and (D) meets such requirements and specifications as the Secretary, after receiving recommendations from the board of examiners established under paragraph (5), determines to be appropriate to achieve the objectives of this section. (2) Evaluation by Board of examiners \nIn applying subparagraph (1)(B) with respect to any organization, the Secretary shall rely upon an intensive evaluation by a competent board of examiners that reviews the evidence submitted by the organization and, through a site visit, verifies the effectiveness of and the accuracy of claims regarding the innovative solutions, improvements, or practices to secure critical infrastructure. (3) Use of nonprofit entities \n(A) In general \nThe Secretary may, under appropriate contractual arrangements, carry out the responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities that are leaders in the field of critical infrastructure and that have a history of public or government service. (B) Board of examiners \nThe Secretary shall appoint a board of examiners for the award, consisting of at least 5 persons selected for their preeminence in the field of infrastructure protection. (e) Information and technology transfer program \nThe Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary also shall provide information about the awards and the successful infrastructure protection strategies and programs of the award-winning participants to all participants and other appropriate groups. (f) Funding \nThe Secretary may seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. The Secretary may use appropriated funds to carry out responsibilities under this Act. (g) Small business defined \nAs used in this section the term small business means a small business concern as defined in section 2 of Public Law 85–539 ( 15 U.S.C. 632 ) and implementing regulations of the Administrator of the Small Business Administration.. (b) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting at the end of the items relating to title II the following: Subtitle E—Miscellaneous Sec. 251. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection.", "id": "HF647B032328C40D4B0C7825EDCF2F254", "header": "Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection" }, { "text": "251. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection \n(a) Establishment \nThere is hereby established the Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection, which shall be evidenced by a medal of such design, materials, and inscriptions as the Secretary may prescribe. (b) Making and presentation of award \n(1) In general \nThe President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations that in the judgment of the President or the Secretary significantly enhance the security of critical infrastructure through implementing innovative solutions, improvements, or practices, creating a competitive atmosphere for industry to adopt the most comprehensive homeland security solutions and systems, and that as a consequence are deserving of special recognition. (2) Presentation \nThe presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may consider proper. (3) Publication and use of award \nAn organization to which an award is made under this section may publicize its receipt of such award and use the award in its advertising. (4) Limitation on eligibility \nAn organization to which an award is made under this section shall be ineligible to receive another such award in the same category for a period of 5 years. (c) Categories of awards \n(1) In general \nSubject to paragraphs (2), (3), and (4), separate awards shall be made to qualifying organizations in each of the following categories: (A) Cyber infrastructure. (B) Physical infrastructure. (C) Human capital. (D) Innovative approaches to infrastructure independency. (2) Modification of categories \nThe Secretary may at any time expand, subdivide, or otherwise modify the list of categories under paragraph (1), and may establish separate awards for small businesses, units of government, or other organizations upon a determination that the objectives of this section would be better served thereby. (3) Limitation on number of awards in category \nNot more than two awards may be made within any category in any year, unless the Secretary determines that a third award is merited due to extraordinary circumstances. (d) Criteria for qualification \n(1) In general \nAn organization may qualify for an award under this section only if it— (A) applies to the Secretary, in writing, for the award; (B) permits a rigorous evaluation of the way in which its business and other operations have implemented innovative solutions, improvements, or practices to secure critical infrastructure; (C) agrees to share its experience to assist other American organizations improve their implementation of solutions, improvements, or practices to secure critical infrastructure; and (D) meets such requirements and specifications as the Secretary, after receiving recommendations from the board of examiners established under paragraph (5), determines to be appropriate to achieve the objectives of this section. (2) Evaluation by Board of examiners \nIn applying subparagraph (1)(B) with respect to any organization, the Secretary shall rely upon an intensive evaluation by a competent board of examiners that reviews the evidence submitted by the organization and, through a site visit, verifies the effectiveness of and the accuracy of claims regarding the innovative solutions, improvements, or practices to secure critical infrastructure. (3) Use of nonprofit entities \n(A) In general \nThe Secretary may, under appropriate contractual arrangements, carry out the responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities that are leaders in the field of critical infrastructure and that have a history of public or government service. (B) Board of examiners \nThe Secretary shall appoint a board of examiners for the award, consisting of at least 5 persons selected for their preeminence in the field of infrastructure protection. (e) Information and technology transfer program \nThe Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary also shall provide information about the awards and the successful infrastructure protection strategies and programs of the award-winning participants to all participants and other appropriate groups. (f) Funding \nThe Secretary may seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. The Secretary may use appropriated funds to carry out responsibilities under this Act. (g) Small business defined \nAs used in this section the term small business means a small business concern as defined in section 2 of Public Law 85–539 ( 15 U.S.C. 632 ) and implementing regulations of the Administrator of the Small Business Administration.", "id": "H460831687DB148E3B2E66E3BCD1EB81", "header": "Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection" }, { "text": "402. Sense of Congress regarding private sector participation in the Homeland Security Operations Center \nIt is the sense of Congress that the Department of Homeland Security’s Homeland Security Operations Center should increase on-site participation of representatives from the private sector critical infrastructure sectors.", "id": "HC88B8C9DA36040768F8FC180593B2B87", "header": "Sense of Congress regarding private sector participation in the Homeland Security Operations Center" }, { "text": "403. Treatment of global positioning system as critical infrastructure \nSection 201(d)(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(5) ) is amended by inserting the civilian Global Positioning System (GPS) infrastructure, after communications systems,.", "id": "H49FA32DB579E4BA09D187F15E9C7007E", "header": "Treatment of global positioning system as critical infrastructure" }, { "text": "404. Coordination of critical infrastructure grants \nThe Under Secretary for Information Analysis and Infrastructure Protection and the Director of the Office for Domestic Preparedness shall coordinate their activities and develop mechanisms to— (1) ensure that grants related to critical infrastructure protection are consistent with priorities, recommendations, and activities of the Under Secretary for Information Analysis and Infrastructure Protection under section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ); and (2) track and provide reporting on such grants by recipient, type of activity funded, and critical infrastructure sector addressed.", "id": "HA9F4547BB5724CC1B5FFC6BB3400102C", "header": "Coordination of critical infrastructure grants" }, { "text": "405. Critical infrastructure protection awareness \nWithin 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and distribute print, video, and interactive critical infrastructure protection awareness and education materials for emergency response providers (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) and owners and operators of such infrastructure, that describe critical infrastructure and its interdependent nature, its implications for local communities, and resources available for responding to critical infrastructure catastrophic events.", "id": "H0BD1ED26A7A64454B1C9512D7556DCC5", "header": "Critical infrastructure protection awareness" }, { "text": "501. Terrorism exercise program requirements \nThe Secretary of Homeland Security shall ensure that terrorism preparedness exercises conducted by the Department of Homeland Security and related information and training— (1) enhance coordination and preparedness for acts of terrorism at all levels of Federal, State, and local governments and the private sector; (2) are— (A) multidisciplinary in nature, including, as appropriate, cybersecurity components; (B) as realistic as practicable and risk-based; (C) evaluated against performance measures and followed by corrective action to solve identified deficiencies; and (D) assessed to learn best practices, which shall be shared with appropriate Federal, State, and local personnel and authorities; and (3) assist State and local governments with the implementation of exercises that— (A) conform to the requirements of paragraph (2); and (B) are consistent with any applicable State homeland security strategy or plan.", "id": "H907730F56F7A4D08A9C07FFAF8860060", "header": "Terrorism exercise program requirements" }, { "text": "502. Grant award notification and distribution \n(a) Notification \nWith respect to any grant awarded by the Department of Homeland Security to any local government (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )), the Secretary of Homeland Security shall promptly provide notice of the award of such grant, including the name of the recipient and the amount of the award, to the appropriate State government official. (b) Distribution \nIn making any grant targeted to a high-threat, high-density urban area, the Secretary shall ensure, to the maximum extent practicable, that such grants are distributed among the jurisdictions that could reasonably be expected to provide support to the high-threat, high-density urban area following an act of terrorism, including interstate jurisdictions.", "id": "HAB4E382B7B4143D88BC27CF171370849", "header": "Grant award notification and distribution" }, { "text": "503. Mutual aid program \nThe Secretary of Homeland Security shall establish a program supporting the development of mutual aid systems for preparedness for and response to acts of terrorism and other emergencies throughout the Nation, by— (1) identifying and cataloging existing mutual aid agreements related to preparedness for and response to acts of terrorism and other emergencies at the State and local levels of government; (2) disseminating to State and local governments examples of best practices in the development of mutual aid agreements and models of existing mutual aid agreements, including agreements involving interstate jurisdictions; and (3) completing an inventory of Federal response capabilities for acts of terrorism and other emergencies, making such inventory available to appropriate Federal, State, and local government officials, and ensuring that such inventory is as current and accurate as practicable.", "id": "HC161A4A467E14F58B40010D31BA23732", "header": "Mutual aid program" }, { "text": "504. National preparedness goal \n(a) Deadline \nNo later than 120 days after the date of the enactment of this Act, and consistent with the provisions of section 505 of the Homeland Security Act of 2002 ( 6 U.S.C. 315 ), the Secretary of Homeland Security shall develop and publish a domestic emergency national preparedness goal, with a particular emphasis on preparedness for acts of terrorism. (b) Preparedness goal defined \nThe national preparedness goal shall— (1) establish measurable readiness priorities; (2) balance the potential threat and magnitude of acts of terrorism, major disasters, and other emergencies with the resources required to prevent, respond to, and recover from them; (3) include readiness metrics and elements to measure achievement of the national preparedness goal; (4) include standards for preparedness assessments and strategies; and (5) establish a system for assessing the Nation’s overall preparedness to respond to major events, especially those involving acts of terrorism. (c) Coordination and consultation \nIn developing the national preparedness goal, the Secretary shall— (1) coordinate with the heads of other appropriate Federal departments and agencies; (2) consult with State and local governments, including representatives of a cross section of emergency response provider disciplines; and (3) consult with national voluntary consensus standards development organizations. (d) Submission \nUpon completion of the national preparedness goal, the Secretary shall submit to the Congress a description of such goal and the coordination and consultation process used to develop it under subsection (c).", "id": "H68FDBDBA3FAD4900AD19E0B1F8C3EC33", "header": "National preparedness goal" }, { "text": "505. Clarification of responsibility for interoperative communications \n(a) Under Secretary for Emergency Preparedness and Response \nSection 502(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(7) ) is amended— (1) by striking developing comprehensive programs for developing interoperative communications technology, and ; and (2) by striking such and inserting interoperative communications. (b) Office for Domestic Preparedness \nSection 430(c) of such Act ( 6 U.S.C. 238(c) ) is amended to read as follows: (1) in paragraph (7) by striking and after the semicolon; (2) in paragraph (8) by striking the period and inserting ; and ; and (3) by adding at the end the following: (9) helping to ensure the acquisition of interoperative communication technology by State and local governments and emergency response providers..", "id": "HE2A72116BBCB4A3782E66E9DCBD6ECC", "header": "Clarification of responsibility for interoperative communications" }, { "text": "506. National biodefense strategy \n(a) Strategy \n(1) In general \nConsistent with the provisions of section 505 of the Homeland Security Act of 2002 ( 6 U.S.C. 315 ) and subsections (a) and (b) of section 304 of such Act ( 6 U.S.C. 184 ), the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal agencies, shall develop a comprehensive national biodefense strategy (in this section referred to as the biodefense strategy ) for meeting the requirements, responsibilities, and authorities of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), including sections 201(d)(1), 302(2), and 502(3) of such Act, with respect to the biodefense mission of the Department. (2) Deadlines \nThe Secretary shall— (A) develop the biodefense strategy not later than one year after the date of the enactment of this Act; and (B) regularly update such strategy as necessary, but not less than every four years. (b) Contents \nThe biodefense strategy shall set forth the following: (1) The objectives, missions, and priorities, including how such objectives, missions, and priorities were established and will be updated. (2) A description of the biological threats to and vulnerabilities of the Nation, including a prioritization of such threats in terms of risk. (3) A specification of each Federal agency with research and development responsibilities regarding such objectives, missions, and priorities, and a description of such responsibilities. (4) A specification of each Federal agency with other responsibilities regarding such objectives, missions, and priorities (including surveillance, threat and risk analysis, and incident response), and a description of such responsibilities. (5) The mechanisms by which coordination among the Federal agencies described in paragraphs (3) and (4) will be achieved. (6) The role of State and local governments and private sector institutions in the biodefense strategy, as identified by the Federal agencies described in paragraphs (3) and (4) with the responsibility and mission to coordinate and communicate with State and local governments and private sector institutions. (7) The mechanisms by which the Federal agencies referred to in paragraph (6) coordinate and communicate with State and local governments and private sector institutions. (8) Performance benchmarks to measure progress in achieving the objectives of the biodefense strategy, including a specification of expected timeframes for implementation. (c) Other Agency Responsibilities \nThe Secretary shall obtain the concurrence of the relevant Federal agency head with respect to such other agency’s responsibilities or activities covered by this section. (d) Submission \nUpon its completion, the Secretary shall transmit a copy of the biodefense strategy to the Congress in an unclassified form with a classified annex as appropriate.", "id": "H04F9BC762CBE444CB91F67946F17A19D", "header": "National biodefense strategy" }, { "text": "507. National strategy to mitigate the radiological and nuclear threat \n(a) Strategy \n(1) In general \nConsistent with the provisions of section 505 of the Homeland Security Act of 2002 ( 6 U.S.C. 315 ) and subsections (a) and (b) of section 304 of such Act ( 6 U.S.C. 184 ), the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal agencies, shall develop a comprehensive national strategy (in this section referred to as the strategy ) for meeting the requirements, responsibilities, and authorities of the Department of Homeland Security under the Homeland Security Act of 2002 (including sections 201(d)(1), 302(2), and 502(2) and (3) ( 6 U.S.C. 121(d)(1) , 182(2), and 312(2) and (3))) with respect to mitigating the radiological and nuclear threat. (2) Deadline \nThe Secretary shall develop the strategy not later than one year after the date of enactment of this Act. (b) Contents \nThe strategy shall include— (1) radiological and nuclear mitigation objectives, missions, and priorities, including a description of how they were established and will be updated; (2) a description of the radiological and nuclear threats to and vulnerabilities of the Nation, including a prioritization of such threats in terms of risk; (3) a specification of each Federal agency with research and development responsibilities regarding such objectives, missions, and priorities, and a description of such responsibilities; (4) a specification of each Federal agency with other responsibilities regarding such objectives, missions, and priorities (including surveillance, threat and risk analysis, and incident response), and a description of such responsibilities; (5) the mechanisms by which coordination among the Federal agencies specified in paragraphs (3) and (4) will be achieved; and (6) performance benchmarks to measure progress in achieving the strategy, including a specification of expected timeframes for implementation. (c) Other Agency Responsibilities \nThe Secretary shall obtain the concurrence of the relevant Federal agency head with respect to such other agency’s responsibilities or activities covered by this section. (d) Submission \nUpon its completion, the Secretary shall transmit a copy of the strategy to the Congress in an unclassified form, with a classified annex as appropriate.", "id": "HDBE5D71C59734420A6709134B31424C2", "header": "National strategy to mitigate the radiological and nuclear threat" }, { "text": "601. Plan for enhanced coordination and interoperability of maritime and airborne homeland security assets \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and submit to the appropriate congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a plan to ensure— (1) coordination of the operational planning and deployment of the maritime and airborne assets of the Directorate of Border and Transportation Security that are used for homeland security purposes in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; (2) coordination of the modernization plans of the assets described in paragraph (1) in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; (3) coordination of the maintenance and repair capacity of the assets described in paragraph (1) in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; (4) interoperable communication systems among the Department of Homeland Security’s maritime and airborne assets that are used for homeland security purposes, to the extent practicable, in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; and (5) sharing of maritime information relating to vessels, crew, passengers, cargo, and cargo shippers among the appropriate elements of the Department of Homeland Security. (b) Relationship with the Coast Guard \nTo the extent permitted by section 888 of the Homeland Security Act of 2002 ( 6 U.S.C. 468 ), the plan shall consider whether there are additional opportunities for enhanced coordination between the maritime and airborne assets within the Directorate of Border and Transportation Security Directorate and those of the Coast Guard.", "id": "HD674B8E5B97E45E6A9826700B5E2CB7", "header": "Plan for enhanced coordination and interoperability of maritime and airborne homeland security assets" }, { "text": "602. Access to border and transportation security information \nThe Secretary of Homeland Security shall take any action necessary and appropriate to ensure— (1) that all appropriate personnel of the Directorate of Border and Transportation Security can promptly access and receive law enforcement and intelligence information contained in all databases utilized by the Directorate; (2) the prompt transmittal of information between entities of the Directorate and the Directorate for Information Analysis and Infrastructure Protection and any other entity of the Department prescribed by the Secretary; and (3) that all actions taken under this section are consistent with the Secretary’s Department-wide efforts to ensure the compatibility of information systems and databases pursuant to section 102(b)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 112(b)(3) ).", "id": "H78714DF7CD2B4CB2B0D9557693D8035C", "header": "Access to border and transportation security information" }, { "text": "603. Combined enrollment centers for expedited inspection programs \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall initiate a pilot program under which the Department shall establish not less than 2 combined enrollment centers at locations away from United States ports of entry for programs that permit participants to receive expedited inspection at designated ports of entry. (b) Allocation \nOf the combined enrollment centers established under subsection (a), at least 1 shall serve the northern border of the United States and at least 1 shall serve the southern border of the United States.", "id": "H40E47933B0A645CBBA4714EDC2FB92EC", "header": "Combined enrollment centers for expedited inspection programs" }, { "text": "604. Expedited inspection program use at multiple ports of entry \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall permit individuals holding a valid identification card issued under a program that permits participants to receive expedited inspection at designated ports of entry to use such card at any port of entry at which such program is operating.", "id": "HDC3880216DA040C8B52443F0A36BCFBF", "header": "Expedited inspection program use at multiple ports of entry" }, { "text": "701. Assignment of management responsibilities to Deputy Secretary; establishment of additional officer \n(a) Management responsibilities \nSection 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ) is amended as follows: (1) by striking the heading and inserting the following: 701. Management responsibilities \n. (2) In subsection (a) by striking Under Secretary for Management and inserting Deputy Secretary. (3) In subsection (a) by striking paragraph (7), by redesignating paragraphs (1) through (11) in order as paragraphs (6) through (14), and by inserting before paragraph (4) (as so redesignated) the following: (1) Oversight, integration, and coordination of departmental operations, policies, programs, functions, and systems to promote organizational effectiveness, accountability and efficiency. (2) Strategic planning, development of measurable implementation goals, and establishment of resource allocation priorities, including preparation of the annual Future Years Homeland Security Program under section 874. (3) Development and tracking of performance measures and metrics relating to the responsibilities and missions of the Department. (4) Ensuring effective and timely information sharing within the Department and between the Department and other Federal agencies, State and local governments, and the private sector. (5) Establishment of clearly defined roles and responsibilities within the Department, and between the Department and other Federal agencies, and ensuring necessary cooperation between the Department and other Federal agencies, State and local governments, and the private sector.. (4) In subsection (b) by striking Under Secretary for Management each place it appears and inserting Deputy Secretary. (b) Report \nFor each of the first 3 fiscal years beginning after the date of the enactment of this Act, the Secretary of Homeland Security shall include as part of the annual program performance report for the Department of Homeland Security under section 1116 of title 31, United States Code, a separate, comprehensive review setting forth the following: (1) The significant management accomplishments achieved by the Department with respect to each of the management responsibilities set forth in section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ). (2) The significant management challenges identified by the Secretary with respect to each of the management responsibilities set forth in section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ). (3) Plans and strategies, including the establishment of performance indicators or performance goals, to address such significant management challenges identified by the Secretary. (4) Plans and strategies, including the establishment of performance indicators or performance goals, for achieving integration, consolidation, and efficiencies in policies, programs, and functions across the Department. (c) Chief Acquisition Officer \nSection 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ) is amended by redesignating subsection (e) as subsection (f), and by inserting after subsection (d) the following: (e) Chief Acquisition Officer \nThere shall be in the Department a Chief Acquisition Officer as provided in section 16 of Office of Federal Procurement Policy Act ( 41 U.S.C. 414 ).. (d) Chief Human Capital Officer \nSection 704 of the Homeland Security Act of 2002 ( 6 U.S.C. 344 ) is amended to read as follows: 704. Chief Human Capital Officer \nThe Chief Human Capital Officer appointed under section 103(d)(3) shall report to the Secretary, or to any other official of the Department, as the Secretary may direct. The Chief Human Capital Officer— (1) shall assess the ability of Department personnel to fulfill the Department’s missions, and oversee the implementation of effective recruitment and retention efforts across the Department; (2) shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5, United States Code, by— (A) participating in the 2302(c) Certification Program of the Office of Special Counsel; (B) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title 5, United States Code; and (C) informing the Congress of such certification not later than 24 months after the date of enactment of this paragraph; and (3) shall perform such other functions as may be required by law or prescribed by the Secretary.. (e) Abolishment of under Secretary for Management \n(1) Abolishment \nSection 103(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a) ) is amended by striking paragraph (7), and by redesignating paragraphs (8) and (9) as paragraph (7) and (8), respectively. (2) Continued service \nNotwithstanding the amendment made by subsection (a), an individual serving as Under Secretary for Management of the Department of Homeland Security immediately before the enactment of this Act may continue to serve in such role at the discretion of the Secretary of Homeland Security. (f) Basic pay rates \nSection 5315 of title 5, United States Code, is amended by inserting after the item relating to Chief Information Officer, Department of Homeland Security, the following: Chief Acquisition Officer, Department of Homeland Security..", "id": "H8177AF66930648A6A2AABE0600EFBFA", "header": "Assignment of management responsibilities to Deputy Secretary; establishment of additional officer" }, { "text": "701. Management responsibilities", "id": "HC7971FF5C6A44035A876C24300009759", "header": "Management responsibilities" }, { "text": "704. Chief Human Capital Officer \nThe Chief Human Capital Officer appointed under section 103(d)(3) shall report to the Secretary, or to any other official of the Department, as the Secretary may direct. The Chief Human Capital Officer— (1) shall assess the ability of Department personnel to fulfill the Department’s missions, and oversee the implementation of effective recruitment and retention efforts across the Department; (2) shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5, United States Code, by— (A) participating in the 2302(c) Certification Program of the Office of Special Counsel; (B) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title 5, United States Code; and (C) informing the Congress of such certification not later than 24 months after the date of enactment of this paragraph; and (3) shall perform such other functions as may be required by law or prescribed by the Secretary.", "id": "H7A8ACEED0A894C85814FA1E31505AF44", "header": "Chief Human Capital Officer" }, { "text": "702. Additional budget-related submission \n(a) In general \nBeginning in fiscal year 2006, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress budget request information for the Department of Homeland Security’s information technology-related spending that is organized by directorate and by Department-wide critical mission area, including the integration of information technology systems to improve departmental operations, management, and information sharing. (b) Submission \nThe Secretary shall submit the information under subsection (a) at the same time as the submission of the President’s annual budget request to the Congress.", "id": "H8AF8794EF75E4239870966C19804293E", "header": "Additional budget-related submission" }, { "text": "703. Congressional notification requirements \n(a) In general \nTitle I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following: 104. Congressional notification requirements \n(a) In general \nThe Secretary shall keep each appropriate congressional committee fully and currently informed of the Department’s activities, including any significant initiative of any directorate, office, or component of the Department, and any significant failure or material delay in implementing any initiative for which notification is required by this subsection. (b) Copies of agreements, memoranda, and other instruments \nThe Secretary shall provide promptly to each appropriate congressional committee a copy of any agreement, memorandum, or other instrument that creates or evidences any obligation that is binding on the Department with respect to any other Federal, State, or local department, agency, or other entity, or to any private sector entity, excluding grants, contracts or cooperative agreements. (c) Unclassified versions of classified notifications \n(1) In general \n(A) The Secretary may submit any notification required under this section in classified form, if that is necessary in order to provide the information required by this section. (B) In carrying out subparagraph (A), the Secretary may submit any classified notification by delivering it to the premises of any committee of the House of Representatives or the Senate that the Speaker of the House or President of the Senate, has determined to have storage facilities appropriate for classified material of such type. (2) Unclassified notification \nWhen the Secretary submits a classified notification pursuant to paragraph (1), the Secretary shall provide to each appropriate congressional committee, at the same time the Secretary provides any classified notification to such committees under this section, a notification in an unclassified form containing as much of the substance of such classified notification as can be provided in an unclassified format. (3) Prompt submission \nIf providing a notification in an unclassified form under paragraph (2) would delay the Secretary’s submission of the notification, the Secretary shall submit the unclassified notification required by paragraph (2) as soon as practicable after submission of the classified notification to which it relates. (d) Sense of Congress \nNotwithstanding the requirements of subsections (a) through (c), it is the sense of the Congress that senior officials of the Department should routinely consult with the appropriate congressional committees prior to adopting any significant initiative to implement the statutory responsibilities of the Department. (e) Significant initiative defined \nAs used in this section, the term significant initiative — (1) means any new or largely unprecedented program, activity, or system of the Department or any significant expansion of an existing program, activity, or system, that implements any of the Department’s responsibilities under this Act or any other legally binding mandate; and (2) includes any agreement, joint venture, or cooperative arrangement the Department enters into in order to carry out any aspect of the statutory mission of the Department, or to provide material assistance to any other Federal, State, or local government entity in discharging that entity’s homeland security-related responsibilities.. (b) Clerical amendment \nThe table of contents in Section 1(a) of such Act is amended by inserting after the item relating to section 103 the following: Sec. 104. Congressional notification requirements.", "id": "H7EFA6ED3CC694F7F901C2437DE174F8E", "header": "Congressional notification requirements" }, { "text": "104. Congressional notification requirements \n(a) In general \nThe Secretary shall keep each appropriate congressional committee fully and currently informed of the Department’s activities, including any significant initiative of any directorate, office, or component of the Department, and any significant failure or material delay in implementing any initiative for which notification is required by this subsection. (b) Copies of agreements, memoranda, and other instruments \nThe Secretary shall provide promptly to each appropriate congressional committee a copy of any agreement, memorandum, or other instrument that creates or evidences any obligation that is binding on the Department with respect to any other Federal, State, or local department, agency, or other entity, or to any private sector entity, excluding grants, contracts or cooperative agreements. (c) Unclassified versions of classified notifications \n(1) In general \n(A) The Secretary may submit any notification required under this section in classified form, if that is necessary in order to provide the information required by this section. (B) In carrying out subparagraph (A), the Secretary may submit any classified notification by delivering it to the premises of any committee of the House of Representatives or the Senate that the Speaker of the House or President of the Senate, has determined to have storage facilities appropriate for classified material of such type. (2) Unclassified notification \nWhen the Secretary submits a classified notification pursuant to paragraph (1), the Secretary shall provide to each appropriate congressional committee, at the same time the Secretary provides any classified notification to such committees under this section, a notification in an unclassified form containing as much of the substance of such classified notification as can be provided in an unclassified format. (3) Prompt submission \nIf providing a notification in an unclassified form under paragraph (2) would delay the Secretary’s submission of the notification, the Secretary shall submit the unclassified notification required by paragraph (2) as soon as practicable after submission of the classified notification to which it relates. (d) Sense of Congress \nNotwithstanding the requirements of subsections (a) through (c), it is the sense of the Congress that senior officials of the Department should routinely consult with the appropriate congressional committees prior to adopting any significant initiative to implement the statutory responsibilities of the Department. (e) Significant initiative defined \nAs used in this section, the term significant initiative — (1) means any new or largely unprecedented program, activity, or system of the Department or any significant expansion of an existing program, activity, or system, that implements any of the Department’s responsibilities under this Act or any other legally binding mandate; and (2) includes any agreement, joint venture, or cooperative arrangement the Department enters into in order to carry out any aspect of the statutory mission of the Department, or to provide material assistance to any other Federal, State, or local government entity in discharging that entity’s homeland security-related responsibilities.", "id": "H62830A6F494741A2AD3587BB71803034", "header": "Congressional notification requirements" }, { "text": "801. Technical correction relating to definition of critical infrastructure information \nSection 212(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 131(3) ) is amended in the matter preceding subparagraph (A) by inserting , including such information regarding after protected systems.", "id": "H160B6AD619F8408C8BBCE4EC0560A68C", "header": "Technical correction relating to definition of critical infrastructure information" }, { "text": "802. Clarification of pay level for Director of Bureau of Citizenship and Immigration Services \nSection 451(a)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 271(a)(2) ) is amended by— (1) inserting and after the semicolon in subparagraph (A); (2) striking ; and in subparagraph (B) and inserting a period; and (3) striking subparagraph (C).", "id": "H84A15A452F554F819D549117CA831CB8", "header": "Clarification of pay level for Director of Bureau of Citizenship and Immigration Services" }, { "text": "803. Director of United States Secret Service \n(a) Director of the Secret Service \nSection 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: (D) Director of the Secret Service \nTo assist the Secretary in the performance of the Secretary’s functions, there is a Director of the Secret Service, who shall be appointed by the President, and who shall report directly to the Secretary.. (b) Conforming amendment \nSubsection (e) of section 103 of such Act (as redesignated by subsection (a)(1) of this section) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.", "id": "HA76D61C68FD24F66A8646E085E2500A9", "header": "Director of United States Secret Service" }, { "text": "804. Technical correction renaming the National Imagery and Mapping Agency \nSection 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in subsection (f)(2)(E), by striking National Imagery and Mapping Agency and inserting National Geospatial-Intelligence Agency ; and (2) in subsection (h), by striking 401(a) and inserting 401a(4).", "id": "HB4C106E3853C4EC88FD2DB00D233E6F7", "header": "Technical correction renaming the National Imagery and Mapping Agency" }, { "text": "805. No effect on authority of Inspector General \nNothing in this Act shall affect the authority of the Inspector General of the Department of Homeland Security under the Inspector General Act of 1978 (5 App. U.S.C.) to carry out the functions of the Inspector General under that Act.", "id": "H0543E29D51694EF400F8081221F3C08E", "header": "No effect on authority of Inspector General" }, { "text": "901. Department of Homeland Security \nThere is authorized to be appropriated for the Department of Homeland Security $31,999,941,000 for fiscal year 2005.", "id": "H4A881B1873DC433CB6D9E541FEFC4FF0", "header": "Department of Homeland Security" }, { "text": "902. Departmental management and operations \nOf the amount authorized under section 901, there is authorized for departmental management and operations, including management and operations of the Office for State and Local Government Coordination and Preparedness, $4,709,105,000, of which up to $50,000,000 may be appropriated for the Office for Domestic Preparedness for carrying out the purposes of the Metropolitan Medical Response System.", "id": "H5C60328B0523477D958C00C0D8CB58", "header": "Departmental management and operations" }, { "text": "903. Information analysis and infrastructure protection \nOf the amount authorized under section 901, there is authorized for information analysis and infrastructure protection programs and activities $854,576,000.", "id": "H310211322B3C4386A6CE782CF907AC26", "header": "Information analysis and infrastructure protection" }, { "text": "904. Science and technology \nOf the amount authorized under section 901, there is authorized for science and technology programs and activities $1,132,299,000.", "id": "HC76E04CE695740FBB6DE425CB7D9CE1", "header": "Science and technology" }, { "text": "905. Security enforcement and investigations \nOf the amount authorized under section 901, there is authorized for expenses related to border and transportation security, immigration, and other security and related functions, $19,878,365,000.", "id": "H561A3893614D4EA0B7BB8C6DE8BDEE81", "header": "Security enforcement and investigations" }, { "text": "906. Emergency preparedness and response \nOf the amount authorized under section 901, there is authorized for emergency preparedness and response programs and activities, $5,425,596,000.", "id": "H8ED26EFB21554A56ADD8B083B2A90085", "header": "Emergency preparedness and response" } ]

[ { "text": "1. Increased frequency of disclosure by political organizations \n(a) In general \nParagraph (2) of section 527(j) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: (2) Required disclosures \n(A) In general \nA political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary the reports required by subparagraphs (B) and (C). (B) Election years \n(i) Monthly disclosures for organizations receiving or expending $25,000 or more in election year \nIn the case of an organization that has, or has reason to expect to have, contributions which equal or exceed $25,000, or expenditures which equal or exceed $25,000, for an exempt function in a calendar year in which a regularly scheduled election is held, the reports required by this clause are monthly reports, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. (ii) Quarterly disclosures for organizations receiving or expending less than $25,000 \nExcept as provided by clause (i), in the case of contributions accepted or expenditures made during a calendar year in which a regularly scheduled election is held, the reports required by this clause are quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be complete as of the last day of the quarter and shall be filed— (I) for each of the first three calendar quarters not later than the 15th day after the last day of the calendar quarter, and (II) for the calendar quarter ending on December 31 not later than January 31 of the following calendar year. (iii) Change to monthly reporting when contributions or expenditures in excess of $25,000 \nAn organization which, at any time during the election year, is required to report under clause (ii), and receives contributions in excess of $25,000 or makes expenditures in excess of $25,000, shall be subject to clause (i) beginning with the next reporting period in which such excess first occurs. The first report required in a calendar year under clause (i) by reason of this clause shall include a monthly report for each of the preceding months of such calendar year in which the organization would have been required to report under clause (i) if such clause applied without regard to this clause. (iv) Pre- and post- election reports \nWith respect to a regularly scheduled election, the reports required by this clause are— (I) a pre-election report, which shall be filed not later than the 12th day before (or posted by registered or certified mail not later than the 15th day before) any election with respect to which the organization makes a contribution or expenditure and which shall be complete as of the 20th day before the election, and (II) a post-general election report, which shall be filed not later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. (C) Nonelection year \nIn the case of a calendar year other than a calendar year in which a regularly scheduled election is held, the reports required by this subparagraph are a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, (D) Election to file monthly reports \nAn organization may elect to file monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Each such report for a month shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. In lieu of filing reports otherwise due under this subparagraph in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (B)(iv)(I), a post-general election report shall be filed in accordance with subparagraph (B)(iv)(II), and a year end report shall be filed not later than January 31 of the following calendar year.. (b) Effective date \nThe amendment made by this section shall apply to years beginning after December 31, 2004.", "id": "H9FCEAE89FE2C4649BDC1FBA0DBDF2E45", "header": "Increased frequency of disclosure by political organizations" }, { "text": "2. Improved electronic disclosure and linkage with Federal Election Commission \n(a) In general \nThe Secretary of the Treasury, in consultation with the Federal Election Commission, shall take such actions as may be necessary to increase disclosure to the public by improving the database and disclosure system for reports required to be filed by political organizations under section 527 of the Internal Revenue Code of 1986. (b) Improved linkage with Federal Election Commission \nThe Secretary of the Treasury and the Federal Election Commission shall take such actions as may be necessary to improve the linkage between the databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission. (c) Report to Congress \nThe Secretary of the Treasury and the Federal Election Commission shall each submit reports to the Congress on the actions taken under subsections (a) and (b). The first report shall be an interim report submitted not later than July 15, 2004, and the second report shall be a final report submitted not later than January 15, 2005. (d) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H401ED360B3C34D2D938CF0FF9FE19DD4", "header": "Improved electronic disclosure and linkage with Federal Election Commission" } ]

[ { "text": "1. Double deduction of certain employee training expenses \n(a) In General \nPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 200. Double deduction of certain employee training expenses \n(a) In General \nThere is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. (b) Limitation based on wages \nNo deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year.. (b) Clerical Amendment \nThe table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 200. Double deduction of certain employee training expenses. (c) Effective Date \nThe amendments made by this section shall apply to expenses paid or incurred in taxable years ending after the date of the enactment of this Act.", "id": "H397B05F577B9484BB56F14EE67C243C", "header": "Double deduction of certain employee training expenses" }, { "text": "200. Double deduction of certain employee training expenses \n(a) In General \nThere is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. (b) Limitation based on wages \nNo deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year.", "id": "HAE5BBDE64FCC4271A660DBC2A4644329", "header": "Double deduction of certain employee training expenses" } ]

[ { "text": "1. Short title \nThis Act may be cited as the PRIDE Plus Act.", "id": "H2FCBD07EC84B4D839332674CA7ECD17D", "header": "Short title" }, { "text": "2. Northern and Northeastern Kentucky \n(a) Northern and northeastern kentucky defined \nIn this section, the term Northern and Northeastern Kentucky means the counties of Bath, Boone, Boyd, Bracken, Campbell, Carroll, Carter, Elliot, Fleming, Gallatin, Grant, Greenup, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Scott, and Trimble, Kentucky. (b) Establishment of program \nThe Secretary of the Army may establish a program to provide environmental assistance to non-Federal interests in Northern and Northeastern Kentucky. (c) Form of assistance \nAssistance under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in Northern and Northeastern Kentucky, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development. (d) Public ownership requirement \nThe Secretary may provide assistance for a project under this section only if the project is publicly owned. (e) Local cooperation agreements \n(1) In general \nBefore providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements \nEach local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan \nDevelopment by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications. (B) Legal and institutional structures \nEstablishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. (3) Cost sharing \n(A) In general \nThe Federal share of the project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. (B) Credit for design work \nThe non-Federal interest shall receive credit for the reasonable costs of design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project. (C) Credit for interest \nIn case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project’s costs. (D) Land, easements, and rights-of-way credit \nThe non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operations, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (E) Operations and maintenance \nThe non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (f) Applicability of other federal and state laws \nNothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) Report \nNot later than December 31, 2005, the Secretary shall transmit to Congress a report on the results of the program carried out under this section, including a recommendation concerning whether the program should be implemented on a national basis. (h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000. Such funds shall remain available until expended.", "id": "H8399759DFB8F4506BE290283D53B49F5", "header": "Northern and Northeastern Kentucky" } ]

[ { "text": "1. Requirement to provide to Congress copies and descriptions of contracts and task orders in excess of $1,000,000 for work to be performed in Iraq and Afghanistan \n(a) Monthly requirement as to new contracts and task orders \nEach month, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work to be performed under, each new contract, and each new task order issued under an existing contract, in an amount greater than $1,000,000 entered into by the Department of Defense during the preceding month for work to be performed in Iraq and Afghanistan. (b) Requirement as to contracts and task orders before enactment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $1,000,000 entered into by the Department of Defense during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. (c) Committees \nThe committees referred to in subsections (a) and (b) are the following: (1) The Committees on Armed Services, Government Reform, Appropriations, and International Relations of the House of Representatives. (2) The Committees on Armed Services, Governmental Affairs, Appropriations, and Foreign Relations of the Senate.", "id": "H233B6D3DA7E04FBA00AB3773A5FDEE75", "header": "Requirement to provide to Congress copies and descriptions of contracts and task orders in excess of $1,000,000 for work to be performed in Iraq and Afghanistan" } ]

[ { "text": "1. Short title \nThis Act may be cited as the No School Left Behind Act of 2004.", "id": "HAF1B884284424521BC025C973DD081DA", "header": "Short title" }, { "text": "2. Full funding of part b of the Individuals with Disabilities Education Act \n(a) Waiver authority \nSubject to subsection (c), section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) (relating to the identification of schools for school improvement, corrective action, or restructuring) shall not apply in a State if— (1) for any fiscal year the Federal Government appropriates for the purpose of carrying out part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) an amount that is less than the amount determined under subsection (b); and (2) the State chooses to waive the application of such section 1116(b). (b) Amount \nThe amount referred to in subsection (a)(1) is the product of— (1) the number of children with disabilities in all States who are receiving special education and related services— (A) aged 3 through 5 if the State is eligible for a grant under section 619; and (B) aged 6 through 21; and (2) 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States. (c) Limitation \nFor any fiscal year described in subsection (a)(1), a State may waive the application of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) for not more than 3 consecutive school years, beginning with the school year that commences during the fiscal year involved. (d) Continued funding \nA State’s decision under this section to waive the provisions of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) shall not affect the State’s eligibility for, or receipt of, funds under such Act. (e) State \nFor purposes of this section, the term State has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "HC7F1CB84D6BF458D83349EE200BA787", "header": "Full funding of part b of the Individuals with Disabilities Education Act" } ]

[ { "text": "1. Hold harmless \nNotwithstanding any other provision of law, the total amount of funds awarded to a State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for fiscal year 2004 shall not be less than the total amount of funds awarded to the State under such part for fiscal year 2003.", "id": "H0CBA62D7D64D4B1FA3CE0073A95CE88", "header": "Hold harmless" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Employee Freedom from Invasion of Privacy Act.", "id": "H10534573FCDD4E3BA4631F6672E62FF9", "header": "Short Title" }, { "text": "2. Prohibition Against Video or Audio Monitoring of Employees in Certain Employment Locations \nAn employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing.", "id": "H7546E1C258D44497A8774C0459D07C17", "header": "Prohibition Against Video or Audio Monitoring of Employees in Certain Employment Locations" }, { "text": "3. Enforcement Action by Secretary \n(a) In General \nAny employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $10,000 for each violation, except that, if the violation is knowing, the penalty for the violation may be up to $25,000. (b) Written Notice and Opportunity for Hearing \nThe Secretary of Labor shall assess a civil penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. (c) Determination of Amount of Civil Money Penalty \nIn determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account— (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. (d) Modification of Civil Money Penalty \nThe Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. (e) Judicial Review \nAn employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 60-day period beginning on the date the order was issued. (f) Failure to Pay \nThe Attorney General may recover, in an action brought in any appropriate district court of the United States, the amount of a civil penalty assessed under this subsection against an employer who fails to pay the penalty— (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. (g) No Review of Penalty \nIn an action brought under subsection (f), the validity, amount, and appropriateness of the civil penalty shall not be subject to review. (h) Injunctive Relief \nThe Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2.", "id": "H09450EC78BA049E29E7C63572FE77B78", "header": "Enforcement Action by Secretary" }, { "text": "4. Civil Cause of Action by Aggrieved Employee \n(a) In General \nAn employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including— (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000 if the violation is knowing; or (3) both such remedies. (b) Commencement of Proceedings \nAn employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. (c) Attorney’s Fees and Costs \nIn any civil action referred to in subsection (a), the prevailing party may obtain appropriate relief, including reasonable costs, and attorney’s and expert witness fees.", "id": "H2BC79B58B5DE468D9104D80311E733FE", "header": "Civil Cause of Action by Aggrieved Employee" }, { "text": "5. Effect on State Laws and Collective Bargaining Agreements \n(a) State Laws \nThis Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements \nThis Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act.", "id": "H9890B8E8E36949FD00291C6C96503727", "header": "Effect on State Laws and Collective Bargaining Agreements" }, { "text": "6. Definitions \nIn this Act: (1) Audio Monitoring \nThe term audio monitoring means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee \nThe term employee means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer \nThe term employer means any person or entity engaged in commerce or in an industry or activity affecting commerce. Such term includes a public agency. (4) Public Agency \nThe term public agency means— (A) the Government of the United States; (B) the government of a State or political subdivision thereof; (C) any agency of the United States (including the United States Postal Service and Postal Rate Commission); (D) any agency of a State, or a political subdivision of a State; or (E) any interstate governmental agency. (5) Video Monitoring \nThe term video monitoring means the videotaping, photographing, filming, or recording by any electronic means of an employee. (6) Secretary \nThe term Secretary means the Secretary of Labor. (7) State \nThe term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.", "id": "H44797C7FBDF04CA0BF16F893D94122BB", "header": "Definitions" }, { "text": "7. Effective Date \nThis Act takes effect 60 days after the date of the enactment of this Act.", "id": "H1143F6B8C4C24BFC92CDAEC11673342C", "header": "Effective Date" } ]

[ { "text": "1. Permanent resident status for Helene Jensen \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Helene Jensen 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 Helene Jensen enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Helene Jensen, 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 Helene Jensen shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HAAA62A2BFE6C4C4BBACAC78340D958E5", "header": "Permanent resident status for Helene Jensen" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare Rural Home Health Services Improvement Act of 2004.", "id": "H67CBBA52A9834BDFB9DBE81B3694197B", "header": "Short title" }, { "text": "2. Two-year extension of temporary medicare payment increase for home health services furnished in a rural area \nSection 421 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2283; 42 U.S.C. 1395fff note) is amended— (1) in the section heading, by striking one-year and inserting temporary ; and (2) in subsection (a), by striking 2005 and inserting 2007.", "id": "HD6DD5DA3F8154D02AE0076FF569F337F", "header": "Two-year extension of temporary medicare payment increase for home health services furnished in a rural area" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project.", "id": "H0A449935FEF9408BA40293BAE2B34379", "header": "Short title" }, { "text": "2. Project authorization \n(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding after section 1636 the following: 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California \n(a) Authorization \nThe Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing \nThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,000,000.. (b) Clerical amendment \nThe table of sections in section 2 of Public Law 102–575 is amended by inserting after the item relating to section 1634 the following: Sec. 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California.", "id": "HFECC186F84C4412F9B7D189D9BDC11D8", "header": "Project authorization" }, { "text": "1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California \n(a) Authorization \nThe Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing \nThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,000,000.", "id": "H89A30209370B45E8926DA011FEFA8E8D", "header": "Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California" } ]

[ { "text": "1. Improvements to Energy Employees Occupational Illness Compensation Program \n(a) State agreements \nSection 3661 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385o ) is amended— (1) in subsection (b) by striking Pursuant to agreements under subsection (a), the and inserting The ; (2) in subsection (c) by striking provided in an agreement under subsection (a), and if ; and (3) in subsection (e) by striking If provided in an agreement under subsection (a) and inserting If a panel reports a determination under subsection (d)(5). (b) Selection of panel members \nSection 3661 of that Act ( 42 U.S.C. 7385o ) is further amended in subsection (d) by amending paragraph (2) to read as follows: (2) The Secretary of Health and Human Services shall select individuals to serve as panel members based on experience and competency in diagnosing occupational illnesses. For each individual so selected, the Secretary shall appoint that individual as a panel member or obtain by contract the services of that individual as a panel member..", "id": "H994C2E7E26AE4A8E9148007482C09B56", "header": "Improvements to Energy Employees Occupational Illness Compensation Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Jobs for America Act of 2004.", "id": "H2FE8095131A447FAB95BAFB163A0ABBB", "header": "Short title" }, { "text": "2. Amendments to the Worker Adjustment and Retraining Notification Act \n(a) Definition \nSection 2(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101(a) ) is amended— (1) in paragraph (3)(B), by striking for— and all that follows through 500 employees in clause (ii), and inserting for at least 50 employees ; (2) in paragraph (7), by striking and at the end; (3) in paragraph (8), by striking the period and inserting ; and ; and (4) by adding at the end the following: (9) the term offshoring of jobs means any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees.. (b) Determinations with respect to employment loss \nSection 3(d) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(d) ) is amended— (1) by striking each of which and inserting 1 or more of which ; and (2) by striking within any 90-day period and inserting within any 180-day period. (c) Notice \nSection 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 60-day and inserting 90-day ; and (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period and inserting ; and ; and (D) by inserting after paragraph (2), the following: (3) to the Secretary of Labor. ; (2) in subsection (b), by striking 60-day each place that such appears and inserting 90-day ; and (3) by adding at the end the following: (e) Notice for offshoring of Jobs \nIn the case of a notice under subsection (a) regarding the offshoring of jobs, the notice shall include, in addition to the information otherwise required by the Secretary with respect to other notices under such subsection, information concerning— (1) the number of jobs affected; (2) the location to which work or facilities are being shifted or transferred; and (3) the reasons that such shifting or transferring of work or facilities is occurring.. (d) Technical amendments \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended— (1) by striking plant closing or mass layoff each place that such appears and inserting plant closing, mass layoff, or offshoring of jobs ; (2) by striking closing or layoff each place that such appears and inserting closing, layoff, or offshoring ; and (3) in section 3— (A) in the section heading by striking plant closings and mass layoffs and inserting plant closings, mass layoffs, and offshoring of jobs ; (B) in subsection (b)(2)(A), by striking closing or mass layoff and inserting closing, layoff, or offshoring ; and (C) in subsection (d), by striking section 2(a)(2) or (3) and inserting paragraph (2), (3), or (9) of section 2(a). (e) Civil Actions against employers \nSection 5(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104(a) ) is amended— (1) in paragraph (1), by striking 60 days and inserting 90 days ; (2) in paragraph (1)(A)(ii), by striking and ; (3) in paragraph (1)(B), by striking the period and inserting ; and ; (4) in paragraph (1), by inserting after subparagraph (B) the following: (C) any other consequential damages incurred by the aggrieved employee as a result of the violation of section 3 of this Act. ; (5) in paragraph (3), by inserting State or after with respect to a ; (6) in paragraph (4), by adding at the end the following: If the court determines that an employer acted in bad faith in an attempt to evade the requirements of this Act, the court may, in its discretion, award to persons seeking to enforce this Act, treble damages. ; and (7) in paragraph (5), by inserting , a State, after a representative of employees. (f) Posting of employee rights \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended by adding at the end the following: 11. Posting of notice of rights \n(a) Development \nNot later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. (b) Posting \nEach employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).. (g) Annual report \nThe Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ), as amended by subsection (d), is further amended by adding at the end the following: 12. Contents of annual reports by the Secretary of Labor \n(a) In general \nThe Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. (b) Report \nNot later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a)..", "id": "HCF2129A9014244009C007840E6824741", "header": "Amendments to the Worker Adjustment and Retraining Notification Act" }, { "text": "11. Posting of notice of rights \n(a) Development \nNot later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. (b) Posting \nEach employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).", "id": "H6C772FC0807240C596BE8C2BDE126098", "header": "Posting of notice of rights" }, { "text": "12. Contents of annual reports by the Secretary of Labor \n(a) In general \nThe Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. (b) Report \nNot later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a).", "id": "HAB8B33ABDD2A4CC4B700E3C57DB966B6", "header": "Contents of annual reports by the Secretary of Labor" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Count Every Vote Act of 2004.", "id": "H3CC7BC35C24944F784459DE525B222F8", "header": "Short Title" }, { "text": "2. Extension of Dates Provided for Meeting of Electors and Joint Session of Congress for Counting Electoral Votes in Event of Unresolved Controversy or Contest in any State \n(a) Meeting of Electors in States \nSection 7 of title 3, United States Code, is amended— (1) by striking The electors and inserting (a) In General.— Except as provided in subsection (b), the electors ; and (2) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest in any State \nNotwithstanding the date provided under subsection (a), the electors of President and Vice President of each State shall meet and give their votes on the first day (or, if such day is a Sunday, the second day) occurring after the January 1 that next follows their appointment if— (1) a controversy or contest concerning the appointment of all or any of the electors of any State has been filed; and (2) a final determination of the controversy or contest has not been made at least 3 days prior to the date described in subsection (a).. (b) Deadlines For Delivery of Certificates and Votes by States \n(1) Certificate of appointed electors \nSection 6 of such title is amended by inserting after communicate by registered mail under the seal of the State the following: (or, if the special rule described in section 7(b) is in effect with respect to the election, communicate by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt not later than the second day that follows the date described in section 7(b)). (2) Disposition of certificates by electors \nSection 11 of such title is amended— (A) by striking The electors shall dispose and inserting (a) In General.— Except as provided in subsection (b), the electors shall dispose ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the electors shall carry out the delivery and transmission requirements of this section by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt of the certificates and lists by the President of the Senate and the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (3) Final deadline for delivery \nSection 12 of such title is amended— (A) by striking When no certificate and inserting (a) In General.— Except as provided in subsection (b), when no certificate ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the Secretary of State of each State shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the certificate of vote and list mentioned in sections 9 and 11 is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (4) Demand on district court judge \nSection 13 of such title is amended— (A) by striking When no certificates and inserting (a) In General.— Except as provided in subsection (b), when no certificates ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the district judge referred to in subsection (a) shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the list described in such subsection is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (c) Joint Session For Counting Electoral Votes \nThe first sentence of section 15 of such title is amended by striking the period at the end and inserting the following: , or if the special rule described in section 7(b) is in effect, on the second day (or, if such day is a Sunday, the third day) that follows the deadline for the receipt of certificates and votes by the President of the Senate or the Archivist of the United States under section 12(b)..", "id": "H20B66AB87679473DB0B33E31E8064239", "header": "Extension of Dates Provided for Meeting of Electors and Joint Session of Congress for Counting Electoral Votes in Event of Unresolved Controversy or Contest in any State" }, { "text": "3. Extension of Safe Harbor Period for Resolution of Controversy or Contest Regarding Appointment of Electors \nSection 5 of title 3, United States Code, is amended by striking six days each place it appears and inserting 3 days.", "id": "H56DD9935A29445E2A8F3EDF0B89FFD17", "header": "Extension of Safe Harbor Period for Resolution of Controversy or Contest Regarding Appointment of Electors" }, { "text": "4. Effective Date \nThe amendments made by this Act shall apply with respect to the Presidential election held in November 2004 and each succeeding Presidential election.", "id": "HD250E9F43BFB40158606D507B3CE67DA", "header": "Effective Date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act.", "id": "H2B20487399F3416D89A114D83D52C688", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) Congress approved the Pick-Sloan Missouri River basin program by passing the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 701–1 et seq. )— (A) to promote the economic development of the United States; (B) to provide for irrigation in regions north of Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the Angostura Unit— (A) is a component of the Pick-Sloan program; and (B) provides for— (i) irrigation of 12,218 acres of productive farm land in South Dakota; and (ii) substantial recreation and fish and wildlife benefits; (3) the Commissioner of Reclamation has determined that— (A) the national economic development benefits from irrigation at the Angostura Unit total approximately $3,410,000 annually; and (B) the national economic development benefits of recreation at Angostura Reservoir total approximately $7,100,000 annually; (4) the Angostura Unit impounds the Cheyenne River 20 miles upstream of the Pine Ridge Indian Reservation in South Dakota; (5) (A) the Reservation experiences extremely high rates of unemployment and poverty; and (B) there is a need for economic development on the Reservation; (6) the national economic development benefits of the Angostura Unit do not extend to the Reservation; (7) the Angostura Unit may be associated with negative affects on water quality and riparian vegetation in the Cheyenne River on the Reservation; (8) modernization of the irrigation facilities at the Angostura Unit would— (A) enhance the national economic development benefits of the Angostura Unit; and (B) result in improved water efficiency and environmental restoration benefits on the Reservation; and (9) the establishment of a trust fund for the Oglala Sioux Tribe would— (A) produce economic development benefits for the Reservation comparable to the benefits produced at the Angostura Unit; and (B) provide resources that are necessary for restoration of the Cheyenne River corridor on the Reservation.", "id": "H9422BDD3CD52483FA82E1E102FEEFB82", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Angostura Unit \nThe term Angostura Unit means the irrigation unit of the Angostura irrigation project developed under the Act of August 11, 1939 ( 16 U.S.C. 590y et seq. ). (2) Fund \nThe term Fund means the Oglala Sioux Tribal Development Trust Fund established by section 201(a). (3) Pick-Sloan program \nThe term Pick-Sloan program means the Pick-Sloan Missouri River basin program approved under the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 701–1 et seq. ). (4) Plan \nThe term plan means the development plan developed by the Tribe under section 201(f). (5) Reservation \nThe term Reservation means the Pine Ridge Indian Reservation in the State. (6) Secretary \nThe term Secretary means the Secretary of the Interior. (7) Tribe \nThe term Tribe means the Oglala Sioux Tribe of South Dakota. (8) Tribal Council \nThe term Tribal Council means the governing body of the Tribe.", "id": "H774844131E644EDDA777FAC35F6C3CC", "header": "Definitions" }, { "text": "101. Modernization of facilities at Angostura Unit \n(a) In general \nThe Secretary shall carry out the modernization and improvement of the facilities at the Angostura Unit as described in the Improved Efficiencies Alternative included in the report entitled Final Environmental Impact Statement, Angostura Unit Contract Negotiation and Water Management (August 2002). (b) Nonreimbursability \nThe cost of the modernization and improvement of the facilities at the Angostura Unit shall be carried out on a nonreimbursable basis.", "id": "H2F8A47ACC4194494ADE62B1FEAB451EA", "header": "Modernization of facilities at Angostura Unit" }, { "text": "102. Delivery of water to Pine Ridge Indian Reservation \nThe Secretary shall provide for the delivery of the water saved through the modernization and improvement of the facilities of the Angostura Unit to be used for fish and wildlife purposes and environmental restoration on the Reservation.", "id": "H196D3D0D428246C4859D6C9D13F91D57", "header": "Delivery of water to Pine Ridge Indian Reservation" }, { "text": "103. Authorization of appropriations \nThere is authorized to be appropriated to carry out section 101 $4,660,000, to remain available until expended.", "id": "HB164EBE7D40F422F85EA1FA1BC2E23C4", "header": "Authorization of appropriations" }, { "text": "201. Oglala Sioux Tribal Development Trust Fund \n(a) Oglala Sioux Tribal Development Trust Fund \nThere is established in the Treasury of the United States a fund to be known as the Oglala Sioux Tribal Development Trust Fund , consisting of any amounts deposited in the Fund under this title. (b) Funding \nOn the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit in the Fund— (1) $92,500,000; and (2) the amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if that amount had been invested in interest-bearing obligations of the United States on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of trust Fund \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Eligible obligations \nNotwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund. (3) Interest \nThe Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of interest to Tribe \n(1) Withdrawal of interest \nBeginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall transfer the aggregate amount of interest deposited into the Fund for the fiscal year to the Secretary for use in accordance with paragraph (3). (2) Availability \nEach amount transferred under paragraph (1) shall be available without fiscal year limitation. (3) Payments to Tribe \n(A) In general \nThe Secretary shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Tribe, as such payments are requested by the Tribe pursuant to tribal resolution. (B) Limitation \nPayments may be made by the Secretary of the Interior under subparagraph (A) only after the Tribe has adopted a plan under subsection (f). (C) Use of payments by Tribe \nThe Tribe shall use the payments made under subparagraph (B) only for carrying out projects and programs under the plan prepared under subsection (f). (e) Limitation on transfers and withdrawals \nExcept as provided in subsections (c) and (d)(1), the Secretary of the Treasury shall not transfer or withdraw any amount deposited under subsection (b). (f) Development plan \n(1) In general \nNot later than 18 months after the date of enactment of this Act, the governing body of the Tribe shall prepare a plan for the use of the payments to the Tribe under subsection (d). (2) Contents \nThe plan shall provide for the manner in which the Tribe shall expend payments to the Tribe under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) the educational, health, recreational, and social welfare objectives of the Tribe and members of the Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (3) Plan review and revision \n(A) In general \nThe Tribal Council shall make available for review and comment by the members of the Tribe a copy of the plan before the plan becomes final, in accordance with procedures established by the Tribal Council. (B) Updating of plan \n(i) In general \nThe Tribal Council may, on an annual basis, revise the plan to update the plan. (ii) Review and comment \nIn revising the plan, the Tribal Council shall provide the members of the Tribe opportunity to review and comment on any proposed revision to the plan. (C) Consultation \nIn preparing the plan and any revisions to update the plan, the Tribal Council shall consult with the Secretary and the Secretary of Health and Human Services. (4) Audit \n(A) In general \nThe activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to the Office of Management and Budget circular numbered A–133. (B) Determination by auditors \nThe auditors that conduct the audit under subparagraph (A) shall— (i) determine whether funds received by the Tribe under this section for the period covered by the audit were expended to carry out the plan in a manner consistent with this section; and (ii) include in the written findings of the audit the determination made under clause (i). (C) Inclusion of findings with publication of proceedings of Tribal Council \nA copy of the written findings of the audit described in subparagraph (A) shall be inserted in the published minutes of the Tribal Council proceedings for the session at which the audit is presented to the Tribal Council. (g) Prohibition of per capita payments \nNo portion of any payment made under this title may be distributed to any member of the Tribe on a per capita basis.", "id": "H3878EC8905234BEB9C8F3100C0B8F1BB", "header": "Oglala Sioux Tribal Development Trust Fund" }, { "text": "202. Eligibility of Tribe for certain programs and services \nNo payment made to the Tribe under this title shall result in the reduction or denial of any service or program with respect to which, under Federal law— (1) the Tribe is otherwise entitled because of the status of the Tribe as a federally recognized Indian tribe; or (2) any individual who is a member of the Tribe is entitled because of the status of the individual as a member of the Tribe.", "id": "HE885A93A89DE434498E1E9104602BCD", "header": "Eligibility of Tribe for certain programs and services" }, { "text": "203. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to pay the administrative expenses of the Fund.", "id": "H84B01355920E47359D3DF035627C1592", "header": "Authorization of appropriations" }, { "text": "204. Water rights \nNothing in this Act— (1) (A) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located within or without the external boundaries of the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine (Winters v. United States, 207 U.S. 564 (1908)), or otherwise; or (B) validates or invalidates any assertion of the existence, nonexistence or extinguishment of any water rights, or claims to water rights, held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (2) affects any other water rights in existence on the date of enactment of this Act held by any person or entity.", "id": "HB7E68016FE624094ADD4BB7F31C175A7", "header": "Water rights" } ]

[ { "text": "1. Name of department of veterans affairs outpatient clinic, lufkin, texas \nThe Department of Veterans Affairs outpatient clinic located in Lufkin, Texas, shall after the date of the enactment of this Act be known and designated as the Charles Wilson Department of Veterans Affairs Outpatient Clinic. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Charles Wilson Department of Veterans Affairs Outpatient Clinic.", "id": "H2A2EAAFD229C4C27BF1821CAE9FEF1C", "header": "Name of department of veterans affairs outpatient clinic, lufkin, texas" } ]

[ { "text": "1. Dalip Singh Saund Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 30777 Rancho California Road in Temecula, California, shall be known and designated as the Dalip Singh Saund 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 Dalip Singh Saund Post Office Building.", "id": "HB378A40BC32E43A6B76EE36CC8F72308", "header": "Dalip Singh Saund Post Office Building" } ]

[ { "text": "1. Designation \nThe Federal building and United States courthouse located at 615 East Houston Street in San Antonio, Texas, shall be known and designated as the Hipolito F. Garcia Federal Building and United States Courthouse.", "id": "H5C1A6DAA845F4DF9979D16C829DFD2D2", "header": "Designation" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the Hipolito F. Garcia Federal Building and United States Courthouse.", "id": "HC23691A10E1248C48B132014B0932A", "header": "References" } ]

[ { "text": "1. Short title; definitions \n(a) Short Title \nThis Act may be cited as the Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004. (b) Definitions \nFor the purposes of this Act, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Light Station \nThe term Light Station means Piedras Blancas Light Station. (3) Public lands \nThe term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1703(e) ). (4) Outstanding Natural Area \nThe term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to section 3.", "id": "H947E4FADD86646F8857E2E6818CB3224", "header": "Short title; definitions" }, { "text": "2. Findings \nCongress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. (3) The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes. (5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California. (6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups. (7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management. (8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States.", "id": "H9B2ED023622344239515B912B8788330", "header": "Findings" }, { "text": "3. Designation of the piedras blancas historic light station outstanding natural area \n(a) In General \nIn order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area. (b) Maps and Legal Descriptions \nThe boundaries of the Outstanding Natural Area as those shown on the map entitled Piedras Blancas Historic Light Station: Outstanding Natural Area , dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California. (c) Basis of Management \nThe Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable laws. (d) Withdrawal \nSubject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.", "id": "HB1B66A6A937143E5BFBB8F83E8594EE5", "header": "Designation of the piedras blancas historic light station outstanding natural area" }, { "text": "4. Management of the piedras blancas historic light station outstanding natural area \n(a) In general \nThe Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements section 3(c). (b) Uses \nSubject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 3(a). (c) Management plan \nNot later than 3 years after of the date of the enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 3(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include— (1) provisions designed to ensure the protection of the resources and values described in section 3(a); (2) objectives to restore the historic Light Station and ancillary buildings; (3) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (4) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (5) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) and the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) within the Outstanding Natural Area. (d) Cooperative agreements \nIn order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 ( 43 U.S.C. 1737(b) ). (e) Research activities \nIn order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 3(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(a) ). (f) Acquisition \nState and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by— (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (g) Additions to the Outstanding Natural Area \nAny lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area. (h) Overflights \nNothing in this Act or the management plan shall be construed to— (1) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (i) Law enforcement activities \nNothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (j) Native american uses and interests \nIn recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 et seq. ; commonly referred to as the American Indian Religious Freedom Act ). (k) No buffer zones \nThe designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.", "id": "H3E0FD43A3B30466EAA93C9E9D537C679", "header": "Management of the piedras blancas historic light station outstanding natural area" }, { "text": "5. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.", "id": "H2E20DBFFA2A24A1486BC471C4F0CBF", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fortifying America’s Intellectual Property Rights (FAIR) Act.", "id": "H5975524BAB69444A8B37007E97F9F55B", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) International markets are vital to intellectual property industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread patent and trademark infringement and the unauthorized reproduction, distribution, and sale of copyrighted works created in the United States. (2) The United States is the world’s largest creator, producer, and exporter of copyrighted materials, accounting for more than 5 percent of the Gross Domestic Product (GDP) of the United States and adding billions of dollars to the United States economy annually. (3) International markets are vital to creative industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread piracy—the unauthorized reproduction, distribution, and sale of works created in the United States. (4) Global piracy affecting the motion picture industry is estimated as amounting to $3,500,000,000 annually, not including illegal downloading. Globally, 2 in 5 music recordings are pirated copies, with annual world-wide sales of pirated music estimated at from $4,000,000,000 to $5,000,000,000. The software industry estimates losses of more than $13,000,000,000 in 2002 due to worldwide piracy. (5) The United States Trade Representative (USTR) has been charged with identifying countries that deny adequate and effective protection of intellectual property rights. The effective use of trade tools by the USTR, including the negotiation of bilateral free trade agreements, serves an essential role in protecting abroad the intellectual property rights of United States persons. (6) The Office of the USTR has more than 20 offices dedicated to specific areas of expertise, but does not include an office solely dedicated to the protection abroad of the intellectual property rights of United States persons. Currently, the Office of the Assistant United States Trade Representative for Services, Investment and Intellectual Property has a substantially large workload, given that services and investment account for more than 50 percent of the United States economy. (7) The USTR’s ability to meet its mandate to protect abroad the intellectual property rights of United States persons should be enhanced by establishing a separate office dedicated exclusively to intellectual property matters, headed by an Assistant United States Trade Representative for Intellectual Property Rights. The resources dedicated to securing high standards of protection in trade agreements and enforcing those provisions vigorously should likewise be enhanced.", "id": "HAAB0C9A1C3EA4762919F00CA9481A897", "header": "Findings" }, { "text": "3. Assistant U.S. Trade Representative for Intellectual Property Rights \nSection 141(c) of the Trade Act of 1974 ( 19 U.S.C. 2171(c) ) is amended by adding at the end the following: (6) (A) There shall be in the Office the position of Assistant United States Trade Representative for Intellectual Property Rights. The Assistant United States Trade Representative for Intellectual Property Rights shall be appointed by the United States Trade Representative. (B) The Assistant United States Trade Representative for Intellectual Property Rights shall have primary responsibility for— (i) intellectual property matters relating to bilateral and multilateral trade agreements, including— (I) enforcement of, and any modifications to, the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(15) ); and (II) the negotiation and enforcement of intellectual property provisions of any other bilateral or multilateral trade agreement to which the United States is a party; (ii) the identification of countries under paragraphs (1) and (2) of section 182(a) of the Trade Act of 1974 ( 19 U.S.C. 2242(a)(1) and (2)), and any investigations under chapter 1 of title III of that Act ( 19 U.S.C. 2411 et seq. ) arising from such identification or other actions of a foreign country described in section 182(a)(1) of that Act; and (iii) monitoring the extent to which the trading partners of the United States protect and enforce intellectual property rights of United States persons. (C) At least 6 professional staff members shall be assigned to assist the Assistant United States Trade Representative for Intellectual Property Rights in carrying out his or her functions, of which 3 shall be assigned to matters relating to enforcement. (D) The Assistant United States Trade Representative should direct and coordinate all interagency activities, including in consultation with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office and the Register of Copyrights, on trade-related intellectual property matters and serve as the primary contact in the executive branch for all matters described in subparagraph (B). (E) The Assistant United States Trade Representative for Intellectual Property Rights shall receive compensation at the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code..", "id": "HBB7E7DDEB3944317866B8D1D1E8DAEA0", "header": "Assistant U.S. Trade Representative for Intellectual Property Rights" }, { "text": "4. Construction \nNothing in this Act or the amendment made by this Act shall be construed to limit the powers and duties of the United States Patent and Trademark Office or the United States Copyright Office.", "id": "H8224B1B54C6645F78F0500DEBD775476", "header": "Construction" } ]

[ { "text": "1. Conveyance of NOAA vessel WHITING \n(a) In General \nThe Secretary of Commerce shall convey to the Government of Mexico, without consideration, all right, title, and interest of the United States in and to the National Oceanic and Atmospheric Administration vessel WHITING— (1) for use as a hydrographic survey platform in support of activities of the United States-Mexico Charting Advisors Committee; and (2) to enhance coordination and cooperation between the United States and Mexico regarding hydrographic surveying and nautical charting activities in the border waters of both countries in the Gulf of Mexico and in the Pacific Ocean. (b) Operation and maintenance \nThe Government of the United States shall not be responsible or liable for any remediation, maintenance, or operation of a vessel conveyed under this section after the date of the delivery of the vessel to the Government of Mexico. (c) Deadline \nThe Secretary shall seek to complete the conveyance by as soon as practicable after the date of the enactment of this Act. (d) Delivery of Vessel \nThe Secretary shall deliver the vessel WHITING pursuant to this section at the vessel’s homeport location of Norfolk, Virginia, at no additional cost to the United States.", "id": "HEC8C4C5D4A734867A1A0CE73D29DA6F4", "header": "Conveyance of NOAA vessel WHITING" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Servicemembers Anti-Predatory Lending Protection Act.", "id": "HEBE1BA3DBFB242C0B084102DD0084B9", "header": "Short title" }, { "text": "2. Terms of consumer credit extended to servicemember or servicemember’s dependent \n(a) Terms of consumer credit \nTitle II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: 208. Terms of consumer credit \n(a) Interest \nA creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section. (b) Annual percentage rate \nA creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent. (c) Mandatory loan disclosures \n(1) Information required \nWith respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms \nSuch disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (d) Limitation \nA creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent. (e) Preemption \nExcept as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. (f) Penalties \n(1) Misdemeanor \nAny creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies \nThe remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. (g) Definition \nFor purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit.. (b) Clerical amendment \nThe table of contents of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 501 ) is amended by inserting after the item relating to section 207 the following new item: Sec. 208. Terms of consumer credit.", "id": "H31DD4C3E83B74B1590611F521D30E013", "header": "Terms of consumer credit extended to servicemember or servicemember’s dependent" }, { "text": "208. Terms of consumer credit \n(a) Interest \nA creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section. (b) Annual percentage rate \nA creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent. (c) Mandatory loan disclosures \n(1) Information required \nWith respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms \nSuch disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (d) Limitation \nA creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent. (e) Preemption \nExcept as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. (f) Penalties \n(1) Misdemeanor \nAny creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies \nThe remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. (g) Definition \nFor purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit.", "id": "HAEFD094D76D846EC88F29673C3585216", "header": "Terms of consumer credit" } ]

[ { "text": "1. Permanent resident status for Rafael Camacho, Rosa B. Camacho, and Rosa Camacho \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rafael Camacho, Rosa B. Camacho, and Rosa Camacho shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Rafael Camacho, Rosa B. Camacho, or Rosa Camacho enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Rafael Camacho, Rosa B. Camacho, and Rosa Camacho, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "H5551FE8898B24C9383457D03E97EEE7D", "header": "Permanent resident status for Rafael Camacho, Rosa B. Camacho, and Rosa Camacho" } ]

[ { "text": "1. Inclusion of Nelson County and Franklin County, Virginia, in the Appalachian region \nSection 14102(a)(1)(L) of title 40, United States Code, is amended— (1) by inserting Franklin, after Floyd, ; and (2) by inserting Nelson, after Montgomery,.", "id": "H8E2FDB948E1740ECB7704C3ECD92FEB0", "header": "Inclusion of Nelson County and Franklin County, Virginia, in the Appalachian region" } ]

[ { "text": "1. Increase in, and annual indexing of, maximum amount of home loan guaranty for construction and purchase of homes \n(a) Maximum loan guaranty based on 100 percent of the Freddie Mac conforming loan rate \nSection 3703(a)(1) is amended by striking $60,000 each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting the maximum guaranty amount (as defined in subparagraph (C)). (b) Definition \nSuch section is further amended by adding at the end the following new subparagraph: (C) In this paragraph, the term maximum guaranty amount means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ) for a single-family residence, as adjusted for the year involved..", "id": "HF973F43E39634B7395D10342D5CA3EC5", "header": "Increase in, and annual indexing of, maximum amount of home loan guaranty for construction and purchase of homes" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Assistance Act of 2004.", "id": "H5890B5F223D04CFCB8B32C00691F005D", "header": "Short title" }, { "text": "2. Definition of Secretary \nIn this Act, the term Secretary means the Secretary of Agriculture.", "id": "HB921132741704026A6C9412C9941F3CB", "header": "Definition of Secretary" }, { "text": "3. Crop disaster assistance \n(a) Definitions \nIn this section: (1) Additional coverage \nThe term additional coverage has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (2) Insurable commodity \n(A) In general \nThe term insurable commodity means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Exclusion \nThe term insurable commodity does not include livestock. (3) Noninsurable commodity \nThe term noninsurable commodity means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (b) Assistance available \nThe Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. (c) Administration \n(1) Use of former administrative authority \nExcept as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–387 ; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (2) Payment rate \nThe payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 40 percent of the applicable price for the crop. (d) Ineligibility for Assistance \nExcept as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) for the crop incurring the losses. (e) Contract waiver \nThe Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (f) Effect of Violation \nIn the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section.", "id": "H294D15ED828C4A5AA65616D97DE6D820", "header": "Crop disaster assistance" }, { "text": "4. Livestock assistance \n(a) Definitions \nIn this section: (1) Disaster county \nThe term disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. (2) Qualifying natural disaster declaration \nThe term qualifying natural disaster declaration means— (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (b) Livestock assistance program \n(1) Assistance available \n(A) In general \nSubject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. (B) Criteria \nTo carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a). (c) Relationship of livestock assistance programs \nThe amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary.", "id": "H83C68D6D1DD74ED58461A7006D5964E3", "header": "Livestock assistance" }, { "text": "5. Funding \nThe Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available to carry out this Act until expended.", "id": "HAB70F72A60C040E99D561EE600AB0041", "header": "Funding" }, { "text": "6. 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": "H9FF2D06314634E79BE33BEF128C186BC", "header": "Regulations" } ]

[ { "text": "1. Short title; Findings \n(a) Short Title \nThis Act may be cited as the Mashpee Wampanoag Tribal Petition Act. (b) Findings \nCongress finds the following: (1) The Mashpee Wampanoag Tribe is an American Indian tribe as recognized by the State of Massachusetts with a main land base consisting of 55 tribally owned acres in the town of Mashpee, Massachusetts, which is located near the southwestern end of Cape Cod. (2) On November 9, 1620, the Mashpee Wampanoag Tribe greeted 102 pilgrims from Plymouth, England, at what became known as Plymouth Rock. (3) After teaching the Pilgrims to survive and flourish in their new land, the Mashpee Wampanoag Tribe hosted the first Thanksgiving in 1621. (4) In 1685, King James II of England allotted 16,500 acres to the Mashpee Wampanoag Tribe. In 1835, an additional allotment of approximately 10,000 acres was granted to individual Mashpee Wampanoags by an act of the General Court of Massachusetts. (5) In 1976, the Mashpee Wampanoag Tribe submitted a petition for Federal recognition to the Secretary of the Interior. (6) In 1996, the Mashpee Wampanoag Tribe was placed on the Bureau of Indian Affairs’ ready, waiting for active consideration list. (7) In December 2001, a United States district court ruled that the Bureau of Indian Affairs unduly delayed the Mashpee Wampanoag Tribe’s Federal recognition petition and ordered the Bureau to reach an initial decision on recognition within six months. (8) Notwithstanding the order of the district court, the Mashpee Wampanoag Tribe still awaits a decision on Federal recognition 28 years after petitioning the Secretary of the Interior and 384 years after welcoming the Pilgrims at Plymouth Rock.", "id": "H44CAC3EEE45E41E188CF921BC165A5A3", "header": "Short title; Findings" }, { "text": "2. Prompt consideration of Mashpee Wampanoag Tribe petition requesting Federal recognition as an Indian tribe \n(a) Time period for proposed finding \nNot later than four months after the date of the enactment of this Act, the Assistant Secretary of the Interior for Indian Affairs shall publish a proposed finding with respect to the petition for Federal recognition as an Indian tribe by the Secretary of the Interior consistent with part 83 of title 25, Code of Federal Regulations, submitted by the Mashpee Wampanoag Tribe in 1976. (b) Time period for final determination \nNot later than one year after the date of the enactment of this Act, the Assistant Secretary of the Interior for Indian Affairs shall publish a final determination with respect to the petition for Federal recognition described in subsection (a). (c) Number of members not a factor \nThe number of persons listed on the membership roll contained in the petition for Federal recognition described in subsection (a) shall not be taken into account in considering the petition, except that the Assistant Secretary of the Interior for Indian Affairs may review the eligibility of individual members or groups listed in the petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (d) Effect of failure to comply \nIf the Assistant Secretary of the Interior for Indian Affairs fails to publish the proposed finding required by subsection (a) or the final determination required by subsection (b) by the end of the time period required for the proposed finding or final determination by such subsections, the Mashpee Wampanoag Tribe may— (1) treat such failure as final agency action refusing to recognize the Mashpee Wampanoag Tribe as an Indian tribe; and (2) seek in United States district court a determination of whether the petitioner should be recognized as an Indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. (e) Review of adverse decision \nIf the final determination required by subsection (b) refuses to recognize the Mashpee Wampanoag Tribe as an Indian tribe, the Mashpee Wampanoag Tribe may seek, during the one-year period beginning on the date on which the final determination is published, a review of the determination in a United States district court notwithstanding the availability of other administrative remedies.", "id": "H7C05DEE0409A4538A74FFF00805BE5E6", "header": "Prompt consideration of Mashpee Wampanoag Tribe petition requesting Federal recognition as an Indian tribe" }, { "text": "3. No delay for petitions awaiting active consideration \nIt is the sense of the Congress that the prompt review of the petition for Federal recognition described in section 2(a) will not unnecessarily delay the review of pending fully documented petitions for Federal recognition as an Indian tribe awaiting active consideration as of the date of the enactment of this Act.", "id": "HDD921E6338104AAB8300B4A700DD94B8", "header": "No delay for petitions awaiting active consideration" } ]

[ { "text": "1. Redesign of Half Dollar Coin to Commemorate Ronald Wilson Reagan \n(a) Short Title \nThis Act may be cited as the Ronald Wilson Reagan Half Dollar Act. (b) Redesign of Half Dollar Coin \nSection 5112(d) of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) The obverse side of the half dollar shall have the likeness of Ronald Wilson Reagan..", "id": "HB02653F315D34DFFA2D84DB8F8240C9", "header": "Redesign of Half Dollar Coin to Commemorate Ronald Wilson Reagan" } ]

[ { "text": "1. Everglades National Park land exchange \nSection 102 of the Everglades National Park Protection and Expansion Act of 1989 ( 16 U.S.C. 410r–6 ) is amended by adding at the end the following: (h) Land exchange \n(1) Definitions \nIn this subsection: (A) District \nThe term District means the South Florida Water Management District. (B) Federal land \nThe term Federal land means the approximately 1,054 acres of land located in the Rocky Glades area of the park and identified on the map as NPS Exchange Lands. (C) Map \nThe term map means the map entitled Boundary Modification for C–111 Project, Everglades National Park , numbered 160/80,007, and dated April 30, 2002. (D) Non-federal land \nThe term non-Federal land means the approximately 1,054 acres of District land located in the Southern Glades Wildlife and Environmental Area and identified on the map as South Florida Water Management District Exchange Lands. (2) Exchange \nThe Secretary shall convey to the District the fee title to the Federal land in exchange for the fee title to the non-Federal land. (3) Availability of map \nThe map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (4) Use of Federal land \nThe Federal land conveyed to the District shall be used by the District compatible with the purposes of the C-111 project, including restoration of the Everglades natural system. (5) Boundary adjustment \nOn completion of the land exchange under paragraph (2), the Secretary shall modify the boundary of the park to reflect the exchange of the Federal land and non-Federal land..", "id": "H4F9C50A48C1F4338A37140CECB342060", "header": "Everglades National Park land exchange" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Tools for Community Initiatives Act.", "id": "HF8A19FE155D84E1D90508842E38E65DE", "header": "Short title" }, { "text": "2. Establishment \nThere is established in the Executive Office of the President the Office of Faith-Based and Community Initiatives (hereafter referred to as the Office ).", "id": "H3D63643691FE49C1A009F2FC2D3F93", "header": "Establishment" }, { "text": "3. Director \n(a) Director \nThe head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President. (b) Pay of Director \nSection 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item: Director of the Office of Faith-Based and Community Initiatives.. (c) Interim Director \nThe individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a).", "id": "H83BCC54886B046C5A47FB45CE1BDBC3F", "header": "Director" }, { "text": "4. Responsibilities \n(a) In general \nThe Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law. (b) Specific duties \nIn carrying out the responsibilities of the Office, the Director shall— (1) develop, lead, and coordinate policies with respect to faith-based and community initiatives; (2) support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families; (3) work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding; (4) ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives; (5) help to integrate policies affecting faith-based and other community organizations across the Federal Government; (6) coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships; (7) encourage private charitable giving to support faith-based and community initiatives; (8) advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives; (9) provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives; (10) develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; (11) showcase and herald innovative grassroots nonprofit organizations and civic initiatives; (12) work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems; (13) monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith-Based and Community Initiatives established within certain departments and agencies of the Federal Government; and (14) work to establish high standards of excellence and accountability for faith-based and community initiatives.", "id": "H0F9BFA358A2E4B98B3241525705D4D00", "header": "Responsibilities" }, { "text": "5. Administration \n(a) Officers \nThe President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff \nThe Director may appoint such employees as necessary to carry out the functions of the Office. (c) Resources \nThe President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office. (d) Other departments and agencies \n(1) Designated department or agency liaison \n(A) In general \nThe head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office. (B) Designated department or agency \nFor the purposes of this paragraph, designated department or agency means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies: (i) The Department of Education. (ii) The Department of Labor. (iii) The Department of Justice. (iv) The Department of Health and Human Services. (v) The Department of Housing and Urban Development. (vi) The Department of Agriculture. (vii) The Agency for International Development. (viii) The Department of Commerce. (ix) The Department of Veterans Affairs. (x) The Small Business Administration. (2) Obtaining official data \nThe Office may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director, the head of that department or agency shall furnish that information to the Office.", "id": "H6241C50D6BFE4390A56003EDF8514F49", "header": "Administration" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fuel Efficiency Fairness Act of 2004.", "id": "HBF7D7C16B7B4489287BA4C46D19EEB7C", "header": "Short title" }, { "text": "2. Repeal of phaseout of credit for qualified electric vehicles \n(a) In general \nSubsection (b) of section 30 of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (b) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "H4015DE0E12274209B05CDB6FCA5716E2", "header": "Repeal of phaseout of credit for qualified electric vehicles" }, { "text": "3. Repeal of phaseout of deduction for clean-fuel vehicle property \n(a) In general \nParagraph (1) of section 179A(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Qualified clean-fuel vehicle property \nThe cost which may be taken into account under subsection (a)(1)(A) with respect to any motor vehicle shall not exceed— (A) in the case of a motor vehicle not described in subparagraph (B) or (C), $2,000, (B) in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, $5,000, or (C) $50,000 in the case of— (i) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or (ii) any bus which has a seating capacity of at least 20 adults (not including the driver).. (b) Effective date \nThe amendment made by this section shall apply to property placed in service after December 31, 2003.", "id": "H778B766D7DD844280031FE299148E1DA", "header": "Repeal of phaseout of deduction for clean-fuel vehicle property" }, { "text": "4. Exception for hybrid vehicles from limitation on depreciation of certain luxury vehicles \n(a) In general \nSubparagraph (B) of section 280F(d)(5) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) any new qualified hybrid motor vehicle.. (b) New qualified hybrid motor vehicle \nSubsection (d) of section 280F of such Code is amended by adding at the end the following new paragraph: (11) New qualified hybrid motor vehicle \n(A) The term qualified hybrid motor vehicle means a passenger automobile (determined without regard to paragraph (5)(B)(iv))— (i) which is acquired for use or lease by the taxpayer and not for resale, (ii) which is made by a manufacturer, (iii) which draws propulsion energy from— (I) an internal combustion or heat engine using combustible fuel, and (II) a rechargeable onboard energy storage system which operates at no less than 100 volts and which provides a percentage of maximum available power of at least 5 percent, (iv) which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and (v) which achieves at least 125 percent of the average 2002 model year city fuel economy in the vehicle inertia weight classes for the category of passenger automobile, light duty truck, or medium duty passenger vehicle (as defined and determined by the Environmental Protection Agency) to which it belongs. (B) Vehicle inertia weight classes \nFor purposes of subparagraph (A)(v), the vehicle inertial weight classes are— (i) 1,500 and 1,750 pounds (calculated based on the 1,750 pound weight class), (ii) 2,000 pounds, (iii) 2,250 pounds, (iv) 2,500 pounds, (v) 2,750 pounds, (vi) 3,000 pounds, (vii) 3,500 pounds, (viii) 4,000 pounds, (ix) 4,500 pounds, (x) 5,000 pounds, (xi) 5,500 pounds, and (xii) 6,000 pounds.. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "H166E2B962A9F47D08975FB003816EE60", "header": "Exception for hybrid vehicles from limitation on depreciation of certain luxury vehicles" } ]

[ { "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 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. 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. 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": "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 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 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 \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. 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 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; 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 \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. 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. 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 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. 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" } ]